[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)]
[Notices]
[Pages 3342-3343]
[FR Doc No: 2018-01231]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12611-010]

Verdant Power, LLC; Notice of Application Accepted for Filing,
Soliciting Comments, Protests, and Motions To Intervene

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Extension of Pilot License Term.
    b. Project No.: P-12611-010.
    c. Date Filed: December 29, 2017.
    d. Licensee: Verdant Power, LLC.
    e. Name and Location of Project: Roosevelt Island Tidal Energy
Project, located on the East River in New York County, New York.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Licensee Contact Information: Mr. Ronald F. Smith, President and
Chief Operating Officer, Verdant Power, LLC, P.O. Box 282, Roosevelt
Island, New York, New York, 10044. Phone:<PHONE_NUMBER>.
    h. FERC Contact: Mr. Mark Pawlowski,<PHONE_NUMBER>,
[email protected].
    i. Deadline for filing comments, motions to intervene, and protests
is February 20, 2018. The Commission strongly encourages electronic
filing. Please file motions to intervene, protests, comments, and
recommendations, using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-12611-010.
    j. Description of Proceeding: The licensee seeks Commission
approval to

extend the current 10-year term of the pilot license for the Roosevelt
Island Tidal Energy Project by five years. The current term of the
pilot license expires December 31, 2021. The licensee wants to extend
the term so it expires on December 31, 2026. The licensee states it is
ready to install the first phase of the licensed project and that the
extension is warranted because installation will result in operational
data, which will inform the subsequent phases of the pilot license, as
well as relicensing the project. Concurrent with the licensee's request
for a five-year extension, the licensee filed a Notice of Intent (NOI)
to relicense the pilot project and a request that the Commission waive
certain deadlines, as required by the Commission's regulations for
filing the Pre-Application Document. Should the Commission grant the
licensee's request for a five-year extension of its licensee term, the
Commission would dismiss the licensee's NOI and request for waiver.
    k. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street, NE,
Washington, DC 20426. The filing may also be viewed on the Commission's
website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-12611-010) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
[email protected]. For TTY, call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO
INTERVENE as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). All comments,
motions to intervene, or protests should relate to the request to
extend the license term. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application. If an intervener files
comments or documents with the Commission relating to the merits of an
issue that may affect the responsibilities of a particular resource
agency, they must also serve a copy of the document on that resource
agency. A copy of all other filings in reference to this application
must be accompanied by proof of service on all persons listed in the
service list prepared by the Commission in this proceeding, in
accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: January 18, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-01231 Filed 1-23-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Notices]
[Page 2035]
[DOCID:fr17ja07-79]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information, Washington, DC 20549.

Extension: Rule 17Ad-16, SEC File No. 270-363, OMB Control No. 3235-
0413.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
     Rule 17Ad-16: Notice of Assumption or Termination of
Transfer Agent Services
    Rule 17Ad-16, (17 CFR 240.17Ad-16), under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.), requires a registered transfer
agent to provide written notice to the appropriate qualified registered
securities depository when assuming or terminating transfer agent
services on behalf of an issuer or when changing its name or address.
In addition, transfer agents that provide such notice shall maintain
such notice for a period of at least two years in an easily accessible
place. This rule addresses the problem of certificate transfer delays
caused by transfer requests that are directed to the wrong transfer
agent or the wrong address.
    We estimate that the transfer agent industry submits 600 Rule 17Ad-
16 notices to appropriate qualified registered securities depositories.
The staff estimates that the average amount of time necessary to create
and submit each notice is approximately 15 minutes per notice.
Accordingly, the estimated total industry burden is 150 hours per year
(15 minutes multiplied by 600 notices filed annually).
    Because the information needed by transfer agents to properly
notify the appropriate registered securities depository is readily
available to them and the report is simple and straightforward, the
cost is minimal. The average cost to prepare and send a notice is
approximately $7.50 (15 minutes at $30 per hour). This yields an
industry-wide cost estimate of $4,500 (600 notices multiplied by $7.50
per notice).
    The retention period for the recordkeeping requirements under Rule
17Ad-16 is two years for both the clearing agencies and transfer
agents. The recordkeeping requirement under Rule 17Ad-16 is mandatory
to ensure accurate securityholder records, prompt and efficient
clearance and settlement of securities transactions, and to assist the
Commission and other regulatory agencies with monitoring transfer
agents and ensuring compliance with the rule. This rule does not
involve the collection of confidential information. Please note that an
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

    January 8, 2007.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E7-545 Filed 1-16-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51799-51800]
[FR Doc No: 2015-21110]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-108-000.
    Applicants: Entergy Arkansas, Inc., Entergy Gulf States Louisiana,
L.L.C., Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy
Texas, Inc., Entergy Louisiana, LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report [Corrected] to be effective
N/A.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5064.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2484-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Service Agreement No.
4218; Queue No. AA1-065 (ICSA) to be effective 7/20/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5092.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2485-000.
    Applicants: Florida Power & Light Company.
    Description: Section 205(d) Rate Filing: FPL on Behalf of Cedar Bay
Generating Company, Limited Partnership PPA (Tolling) to be effective
12/31/9998.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5105.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2486-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2015-08-19_SA 743 ATC-WPSC
2nd Rev. G-TIA to be effective 8/20/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5113.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2487-000.
    Applicants: Alabama Power Company.
    Description: Section 205(d) Rate Filing: Duke Energy Renewables
Solar SGIA Filing to be effective 8/5/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5115.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2488-000.
    Applicants: MDU Resources Group, Inc.
    Description: Section 205(d) Rate Filing: Certificate of
Concurrence--TCEA to be effective 10/17/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5168.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2489-000.
    Applicants: MDU Resources Group, Inc.
    Description: Section 205(d) Rate Filing: Certificate of
Concurrence--CMA to be effective 8/12/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5169.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2490-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Initial rate filing: Port of Seattle NITSA Amendment
No 2 SA No 484 to be effective 2/1/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5165.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2491-000.
    Applicants: MDU Resources Group, Inc.
    Description: Section 205(d) Rate Filing: Certificate of
Concurrence--EF TCEA to be effective 10/17/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5167.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2492-000.
    Applicants: Otter Tail Power Company.
    Description: Section 205(d) Rate Filing: Certificate of Concurrence
to be effective 10/17/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5172.
    Comments Due: 5 p.m. ET 9/9/15.

    Docket Numbers: ER15-2493-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Original Service Agreement
No. 4244; Queue Position #Z1-081 to be effective 7/20/2015.
    Filed Date: 8/19/15.
    Accession Number: 20150819-5174.
    Comments Due: 5 p.m. ET 9/9/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/

docs-filing/efiling/filing-req.pdf. For other information, call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-21110 Filed 8-25-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56824-56826]
[FR Doc No: 2011-23375]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65279; File No. SR-C2-2011-020]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated:
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to PULSe Fees

September 7, 2011.
    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 August 31, 2011, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') 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 prepared by the
Exchange. The Exchange has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend its Fees Schedule as it relates
to the PULSe workstation. The text of the proposed rule change is
availableon the Exchange's Web site (http://www.c2exchange.com), at the
Exchange's Office of the Secretary and at the Commission.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to revise the PULSe
Away-Market Routing and Routing Intermediary fees. The Exchange is also
proposing to expand on its past description of the away-market routing
functionality available for stock orders. In addition, the Exchange is
proposing to eliminate the PULSe non-standard services fee. All of
these changes, which are described in more detail below, will be
effective September 1, 2011.
    By way of background, the PULSe workstation is a front-end order
entry system designed for use with respect to orders that may be sent
to the trading systems of C2. In addition, the PULSe workstation
provides a user with the capability to send options orders to other
U.S. options exchanges and stock orders to other U.S. stock exchanges
(``away market routing'').\5\ To use the away-market routing
functionality, a C2 Trading Permit Holder (``TPH'') must either be a
PULSe Routing Intermediary or establish a relationship with a third
party PULSe Routing Intermediary. A ``PULSe Routing Intermediary'' is a
C2 TPH that has connectivity to, and is a member of, other options and/
or stock exchanges. If a TPH sends an order from the PULSe workstation,
the PULSe Routing Intermediary will route that order to the designated
market on behalf of the entering TPH.
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    \5\ For a more detailed description of the PULSe workstation and
its other functionalities, see, e.g., Securities Exchange Act
Release No. 63246 (November 4, 2010), 75 FR 69478 (November 12,
2010)(SR-C2-2010-007).
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    The first purpose of this proposed rule change is to reduce the
PULSe Away-Market Routing fee. Currently the fee is set at $0.05 per
executed contract or share equivalent. The Exchange is proposing to
reduce the fee to $0.02 per contract or share equivalent.
    The second purpose of this proposed rule change is to modify the
PULSe Routing Intermediary fee. Currently, the Fees Schedule provides
that each PULSe Routing Intermediary is charged a fee of $20 per PULSe
workstation per month for each PULSe workstation that is enabled to
send orders through the Routing Intermediary. However, the fee is only
assessed for those workstations in which the Routing Intermediary is

acting as a third-party routing intermediary for another TPH (i.e., the
fee is not assessed on those workstations where the Routing
Intermediary is acting as a routing intermediary on its own behalf).
This fee has been waived through September 30, 2011. The Exchange is
proposing to amend the fee to instead provide that a Routing
Intermediary will be charged a fee for utilizing the PULSe away-market
routing technology of $0.02 per executed contract or share equivalent
for the first 1 million contracts or share equivalent executed in a
given month and $0.03 per contract or share equivalent for each
additional contract or share equivalent executed in the same month. The
Exchange intends to assess this fee to Routing Intermediaries whether
the Routing Intermediary is routing orders on behalf of itself as a TPH
or as a third party Routing Intermediary for other TPHs. The Exchange
notes that the Routing Intermediary fee will not be applicable for
routes to the Chicago Board Options Exchange, Incorporated (``CBOE'')
or the CBOE Stock Exchange, LLC (``CBSX'') to the extent that the C2
TPH submitting the order to CBOE or CBSX is also a CBOE TPH or CBSX
TPH, as applicable.\6\
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    \6\ The PULSe workstation offers the ability to route orders to
any market, including C2 affiliates CBOE and CBSX. To the extent a
C2 TPH that is also a CBOE/CBSX TPH obtains a PULSe workstation
through C2, it is not necessary for that TPH to obtain a separate
PULSe workstation through CBOE or CBSX to route orders to CBOE or
CBSX, as applicable. See SR-C2-2010-007, note 5, supra. It is also
not necessary for that TPH to utilize the services of a Routing
Intermediary to route orders to CBOE or CBSX, as applicable. As
such, to the extent a C2 TPH is also a CBOE TPH or CBSX TPH, a
Routing Intermediary fee would not be applicable because the fee is
only applicable for away-market routing through a Routing
Intermediary. The TPH would not be routing away through a Routing
Intermediary, but instead would be submitting orders directly to C2
as a C2 TPH, CBOE as a CBOE TPH or CBSX as a CBSX TPH, as
applicable, where the TPH's activity would be subject to the
transaction fee schedule of C2, CBOE or CBSX, respectively. To the
extent a C2 TPH is not a CBOE TPH or CBSX TPH and utilizes the
services of a third party Routing Intermediary to route orders to
CBOE or CBSX, as applicable, the Routing Intermediary would be
subject to the fee for the C2 TPH's executions on CBOE or CBSX, as
applicable.
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    The revised PULSe Routing Intermediary fee will allow for the
recoupment of the costs of developing, maintaining, and supporting the
PULSe workstation and related Routing Intermediary functionality and
for income from the value-added services being provided through use of
the PULSe workstation and related away-market routing technology. The
Exchange believes the fee structure represents an equitable allocation
of reasonable fees in that the same fees are applicable to all Routing
Intermediaries that provide away-market routing for TPHs via the PULSe
workstation. In addition, the Exchange believes that the $0.02/$0.03
Routing Intermediary fee is reasonable and appropriate in light of the
fact that it is small in relation to the total costs typically incurred
in routing and executing orders. The Exchange also notes that use of
the PULSe workstation, and the Routing Intermediary functionality and
the away-market routing technology available through the PULSe
workstation, are not compulsory. In addition, the decision to function
as a Routing Intermediary for PULSe purposes is discretionary, and a
TPH may choose to route orders for itself or others without using the
PULSe workstation. The services are offered as a convenience and are
not the exclusive means available to send or route orders to C2 or
intermarket.
    The third purpose of this proposed rule change is to expand on our
prior description of the away-market routing functionality available
for stock orders. In particular, as noted above, the Exchange has
previously indicated that the PULSe workstation provides a user with
the capability to send stock orders to other U.S. stock exchanges
through a PULSe Routing Intermediary.\7\ The Exchange also notes that
it may determine that the PULSe workstation would provide a user with
the capability to send stock orders to other trading centers,\8\ not
just U.S. stock exchanges, through a Routing Intermediary.
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    \7\ See note 5, supra, and surrounding discussion.
    \8\ A ``trading center,'' as provided under Rule 600(b)(78) of
Regulation NMS, 17 CFR 242.600(b)(78), means a national securities
exchange or national securities association that operates an SRO
trading facility, an alternative trading system, an exchange market
maker, an OTC market maker, or any other broker or dealer that
executes orders internally by trading as principal or crossing
orders as agent.
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    Finally, the fourth purpose of this proposed rule change is to
eliminate the fee for non-standard services, which is currently $350
per hour plus costs. Non-standard services may include time and
materials for non-standard installations or modifications to PULSe to
accommodate a TPH's use of PULSe with other technologies. The Exchange
is proposing to eliminate the fee at this time because, given that
PULSe workstation is a relatively new technology that is being fine-
tuned and enhanced based on our experience with and feedback from TPHs,
we find it difficult to assess which services should be considered
``non-standard'' at this point in time. (The fee was first implemented
in November 2010.\9\ To date, the Exchange has not identified an
instance where the fee was applicable to any service considered to be
non-standard and has not collected any fees under this provision.) The
Exchange may determine to reintroduce a non-standard services fee in
the future through another rule change filing once we gain more
experience with the PULSe workstation.
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    \9\ See SR-C2-2010-007, note 5, supra.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\10\ in general, and furthers the objectives of Section 6(b)(4) of
the Act,\11\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
TPHs in that the same fees and fee waivers are applicable to all TPHs
and Routing Intermediaries that utilize the PULSe workstation, Routing
Intermediary functionality and the away-market routing services.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 purposes of the Act.

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

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(2) of Rule 19b-4
\13\ thereunder.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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 Number SR-C2-2011-020 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2011-020. 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 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
a.m. and 3 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-C2-2011-020 and should be
submitted on or before October 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23375 Filed 9-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Page 35088]
[FR Doc No: 2012-14345]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, June
14, 2012 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
June 14, 2012 will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 7, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-14345 Filed 6-8-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45437-45439]
[FR Doc No: 2014-18490]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC14-12-000]

Commission Information Collection Activities; FERC Form 2, FERC
Form 2A and FERC-523: Comment Request

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Comment request.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting its information
collections FERC Form 2 (Major Natural Gas Pipeline Annual Report),
FERC Form 2A (Non-major Natural Gas Pipeline Annual Report), and FERC-
523 (Applications for Authorization for Issuance of Securities or the
Assumption of Liabilities), to the Office of Management and Budget
(OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission previously issued a Notice in the Federal Register (79
FR 27589, May 14, 2014) requesting public comments. The Commission
received no comments on the FERC Form 2, FERC Form 2A, or FERC-523 and
is making this notation in its submittal to OMB.

DATES: Comments on the collection of information are due by September
4, 2014.

ADDRESSES: Comments filed with OMB, identified by the OMB Control Nos.
1902-0028 (FERC Form 2), 1902-0030 (FERC Form 2A), or 1902-0043 (FERC-
523) should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer. The Desk Officer may also be
reached via telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC14-12-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/HandDelivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extension of the information collection
requirements for all collections described below with no changes to the
current reporting requirements. Please note that each collection is
distinct from the next.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

FERC Form 2, Annual Report of Major Natural Gas Companies, & FERC Form
2A, Annual Report of Nonmajor Natural Gas Companies

    OMB Control Nos.: 1902-0028 & 1902-0030.
    Abstract: Pursuant to sections 8, 10 and 14 of the National Gas Act
(NGA), (15 U.S.C. 717g-717m, Pub. L. 75-688), the Commission is
authorized to make investigations and collect and record data, to
prescribe rules and regulations concerning accounts, records and
memoranda as necessary or appropriate for purposes of administering the
NGA. The Commission includes the filing requirements in 18 CFR 260.1
and 260.2.
    The forms provide information concerning a company's past
performance. The information is compiled using a standard chart of
accounts contained in the Commission's

Uniform System of Accounts (USofA).\1\ The forms contain schedules
which include a basic set of financial statements: Comparative Balance
Sheet, Statement of Income and Retained Earnings, Statement of Cash
Flows, and the Statement of Comprehensive Income and Hedging
Activities. Supporting schedules containing supplementary information
are filed, including revenues and the related quantities of products
sold or transported; account balances for various operating and
maintenance expenses; selected plant cost data; and other information.
---------------------------------------------------------------------------

    \1\ See 18 CFR part 201.
---------------------------------------------------------------------------

    The information collected in the forms is used by Commission staff,
state regulatory agencies and others in the review of the financial
condition of regulated companies. The information is also used in
various rate proceedings, industry analyses and in the Commission's
audit programs and, as appropriate, for the computation of annual
charges based on Page 520 of the forms. The Commission provides the
information to the public, interveners and all interested parties to
assist in the proceedings before the Commission.
    Print versions of the Forms 2 and 2A are located on the
Commission's Web site at http://www.ferc.gov/docs-filing/forms.asp#2.
    Type of Respondent: Each natural gas company whose combined gas
transported or stored for a fee exceed 50 million dekatherms in each of
the previous three years must file the Form 2. Each natural gas company
not meeting the filing threshold for the Form 2 but having total gas
sales or volume transactions exceeding 200,000 dekatherms in each of
the previous three calendar years must submit the Form 2A.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collections as:

           FERC Form No. 2: Annual Report of Major Natural Gas Companies and FERC Form No. 2A: Annual Report of Nonmajor Natural Gas Companies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average burden   Total annual
                                                             Number of     Annual number   Total number    hours & cost   burden hours &     Cost per
                                                            respondents    of responses    of responses    per response    total annual   respondent ($)
                                                                          per respondent                        \2\            cost
                                                                     (1)             (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                                                (3)                             (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC Form No. 2.........................................              92               1              92           1,629         149,868     $114,844.50
                                                                                $114,844.50     $10,565,694
FERC Form No. 2A........................................              66               1              66          253.39          16,724         $17,864
                                                                                $17,864  \3\ $1,179,024
--------------------------------------------------------------------------------------------------------------------------------------------------------

FERC-523, Applications for Authorization for Issuance of Securities or
the Assumption of Liabilities

    OMB Control No.: 1902-0043.
---------------------------------------------------------------------------

    \2\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $70.50 per
Hour = Average Cost per Response. The hourly cost figure of $70.50
is the average FERC employee wage plus benefits. We assume that
respondents earn at a similar rate.
    \3\ This figure was listed as ``$1,179,042'' in the previous
public notice. The figure reported here is correct.
---------------------------------------------------------------------------

    Abstract: Under Federal Power Act (FPA) section 204, 16 U.S.C.
824c, no public utility or licensee shall issue any security, or assume
any obligation or liability as guarantor, endorser, surety, or
otherwise in respect of any security of another person, until the
public utility applies for and receives Commission approval by order
authorizing the issue or assumption of the liability. The Commission
issues an order if it finds that such issue or assumption (a) is for
lawful object, within the corporate purposes of the applicant and
compatible with the public interest, which is necessary or appropriate
for or consistent with the proper performance by the applicant as a
public utility, and which will not impair its ability to perform that
service, and (b) is reasonably necessary or appropriate for such
purposes.
    The Commission uses the information contained in filings to
determine its acceptance and/or rejection of applications for
authorization to either issue securities or to assume an obligation or
liability by the public utilities and their licensees who submit these
applications.
    The specific application requirements and filing format are found
at 18 CFR part 34; and 18 CFR 131.43 and 131.50. The information is
filed electronically.
    Type of Respondent: Public utilities subject to the FPA.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \4\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $70.50 per
Hour = Average Cost per Response. The hourly cost figure of $70.50
is the average FERC employee wage plus benefits. We assume that
respondents earn at a similar rate.
    \5\ Some respondents may be required to provide more than one
response.

                          FERC-523: Applications for Authorization for Issuance of Securities or the Assumption of Liabilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                                             Number of     Annual number   Total number   Average burden  burden hours &     Cost per
                                                            respondents    of responses    of responses     & cost per     total annual   respondent ($)
                                                                          per respondent                   response \4\        cost
                                                                     (1)             (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                                                (3)                             (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-523................................................              56         \5\ 1.6              90             500          45,000         $56,652
                                                                                $35,250      $3,172,500
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: July 30, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-18490 Filed 8-4-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47380-47383]
[FR Doc No: 2023-15435]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2021-0003; FRL-10454-02-R8]

Air Approval and Promulgation of Implementation Plans; Montana;
Libby 1997 Annual PM2.5 Limited Maintenance Plan and Redesignation
Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this document, the Environmental Protection Agency (EPA or
Agency) is taking three separate but related actions. First, EPA is
finalizing its determination that the Libby fine particulate matter
(PM2.5) nonattainment area (Libby Area) is attaining the
1997 Annual PM2.5 national ambient air quality standards
(NAAQS or standard) based on 2014-2021 data. Secondly, EPA is
finalizing approval of Montana's plan for maintaining the 1997 Annual
PM2.5 NAAQS (limited maintenance plan). Lastly, the EPA is
finalizing approval of the redesignation of the Libby Area to
attainment for the 1997 Annual PM2.5 NAAQS, submitted by the
State of Montana on June 24, 2020. The EPA is taking this action
pursuant to the Clean Air Act (CAA).

DATES: This rule is effective on August 23, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R08-OAR-2021-0003. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
docket, some information may not be publicly available, e.g., 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 through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number:<PHONE_NUMBER>, email address:
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA.

I. Background

    On July 18, 1997 (62 FR 38652), EPA revised the NAAQS for
particulate matter to add new standards for PM2.5. The
Agency established the primary and secondary Annual and 24-hour
standards for PM2.5. The annual standard was set at 15.0
micrograms per meter cubed ([mu]g/m\3\) based on a 3-year average of
Annual mean PM2.5 concentrations, and the 24-hour (daily)
standard was set to 65 [mu]g/m\3\ based on the 3-year average of the
annual 98th percentile values of 24-hour PM2.5
concentrations at each population-orientated monitor within an area.
    On December 14, 2012, EPA promulgated the 2012 PM2.5
NAAQS, including a revision of the Annual standard to 12.0 [mu]g/m\3\
based on a 3-year average of annual mean PM2.5.
concentrations. The Agency maintained the 24-hour standard of 35 [mu]g/
m\3\ based on a 3-year average of the 98th percentile of 24-hour
concentrations (see 78 FR 3086; January 15, 2013).
    Subsequent to promulgation of the NAAQS, EPA issued the ``Fine
Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements'' (``PM2.5 SIP Requirements
Rule) (see 81 FR 58010; August 24, 2016). This rule interprets the
Act's nonattainment area requirements as they pertain to implementation
of any of the PM2.5 NAAQS. The PM2.5 SIP
Requirements Rule also addressed the revocation of the 1997
PM2.5 NAAQS for all areas. For the Libby Area, revocation of
the 1997 PM2.5 NAAQS will occur upon the effective date of
this action, i.e., after EPA has approved a maintenance plan and issued
a redesignation for the 1997 PM2.5 NAAQS (see 81 FR 58010;
August 24, 2016).
    On March 17, 2011 (76 FR 14854), EPA approved Montana's attainment
plan which included an attainment demonstration, an analysis of
reasonable available control technology/reasonable available control
measure (RACT/RACM), base-year, and projection year inventories, and
contingency measures for the 1997 PM2.5 NAAQS for the Libby
Area. On July 14, 2015 (80 FR 40911), EPA finalized its determination
that the Libby Area attained the 1997 Annual PM2.5 NAAQS by
the Area's statutory attainment date of December 31, 2011. The
determination was based upon quality-assured and certified ambient
monitoring data for the 2007-2009 monitoring period that demonstrated
that the Libby area attained the 1997 Annual PM2.5 NAAQS by
the attainment date. In the same rulemaking, EPA also issued a clean
data determination under the Agency's Clean Data Policy based upon
quality-assured and certified ambient air monitoring data that
demonstrated that the Libby area continued to attain the 1997 Annual
PM2.5 NAAQS based on the 2011-2014 monitoring data.
    On June 24, 2020, the State of Montana requested that EPA
redesignate the Libby Area to attainment for the 1997 Annual
PM2.5 NAAQS and submitted an associated SIP revision
containing a limited maintenance plan (LMP) for the EPA to review. On
December 5, 2022, the EPA issued a notice of proposed rulemaking to
approve Montana's request to redesignate the Libby PM2.5
nonattainment area to attainment for the 1997 Annual PM2.5
standard, as well as proposing to approve Montana's plan for
maintaining the 1997 Annual PM2.5 NAAQS (limited maintenance
plan).\1\ The proposed rulemaking set forth the basis for determining
that Montana's redesignation request meets the CAA requirements for
redesignation for the 1997 Annual PM2.5 standard. Our
proposed rulemaking also described how Montana had provided for
continued maintenance of the 1997 Annual PM2.5 NAAQS in
accordance with EPA's guidance for LMPs, and contained analysis of the
complete, quality-assured, and certified air quality monitoring data
for the Libby nonattainment area for 2014-2021.
---------------------------------------------------------------------------

    \1\ See 87 FR 74577.
---------------------------------------------------------------------------

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments. The first comment was in
support of the redesignation of the Libby Area to attainment for the
1997 Annual PM2.5 NAAQS. The second comment was adverse. Our
response to the adverse comment is below. The comments have been added
to the docket (EPA-R08-OAR-2021-0003) for this action and are
accessible at www.regulations.gov.

II. Response to Comments

    Comment: The commenter alleged that if EPA did not include a
requirement to phase out or ban wood burning as part of the ``SIP/FIP''
that the redesignation of the area to attainment would prove
``worthless.'' The commenter cited a review by Northeast States for
Coordinated Air Use Management (NESCAUM) which the commenter claims
shows that ``wood stoves pollute more than EPA says.'' As a result, the
commenter argued that the continued presence of wood stoves would be a
liability to the Libby Area's attainment of the NAAQS. Finally,
commenter noted that ``there is no safe

level of air pollution, which the NAAQS do not reflect.''
    Response: We recognize that wood stoves have been a major
contributor of PM2.5 pollution for the Libby Area, but we
disagree that a phase out or ban of wood burning is a prerequisite
before EPA may redesignate the Libby Area.
    The CAA establishes that EPA may not redesignate an area to
attainment unless (1) the area has attained the NAAQS in question, (2)
EPA has fully approved the applicable implementation plan for the area,
(3) the improvement in air quality is due to permanent and enforceable
reductions in emissions, (4) EPA has fully approved a maintenance plan
for the area meeting CAA section 175A, and (5) the state containing
such area has met all CAA section 110 and Part D applicable
requirements. As EPA explained in the proposal, Montana has met all
these requirements. To the extent that commenter is arguing that these
requirements are not met absent a ban or phaseout of wood burning in
the Libby Area, we do not agree.
    In its submission,\2\ Montana acknowledged that wood combustion
accounts for the majority of PM2.5 concentrations in the
Libby nonattainment area based on the state's 2005 baseline inventory
analysis. In the proposed rulemaking, we explained how Montana's
approved Moderate nonattainment plan included permanent and enforceable
rules from the Lincoln County Air Pollution Control Program that went
into effect February 27th, 2006 \3\ and that addressed emissions from
solid fuel burning devices which means any fireplace, fireplace insert,
wood stove, pellet stove, pellet furnace, wood burning heater, wood-
fired boiler, wood or coal-fired furnace, coal stove, or similar device
burning any solid fuel used for aesthetic, cooking, or heating purposes
which has a rated capacity of less than 1,000,000 BTU's per hour. We
also explained in our proposal that the State has demonstrated that the
area's improved air quality is largely attributed to the emission
reductions required by the Lincoln County residential wood combustion
rules. Subchapter 2: Solid Fuel Burning Device Regulations which went
into effect January 1, 2007, discusses the operating and emission
limits restrictions for the Libby Area. Section 75.1.204 states that no
person may install or operate any type of solid fuel burning device
without a valid Operating Permit issued by the Department. Section
75.1.205 states prior to installing or operating a solid fuel burning
device in any residential or commercial property, a person shall apply
to the Department for the permit and provide certain criteria of
information. Section 75.1.206 discusses Air Pollution Alerts and states
the Department may declare an Air Pollution Alert to be in effect
whenever ambient PM concentrations, as averaged over a four-hour
period, exceed a level 20 percent below any state or federal ambient
24-hour standard established for particulate matter; and when
scientific and meteorological data indicate the average concentrations
will remain at or above those levels over the next 24 hours.
---------------------------------------------------------------------------

    \2\ See Libby Area SIP submission, available in this docket for
this rulemaking.
    \3\ See Resolution No. 1660 Lincoln County Air Pollution Control
Program, Health and Environment Regulations.
---------------------------------------------------------------------------

    Additionally, in the absence of an Air Pollution Alert, no person
operating a solid fuel burning device may cause or allow the discharge
of visible emissions greater than twenty percent opacity. During an Air
Pollution Alert, no person operating a solid fuel burning device that
is permitted for use during an Alert, may cause or allow the discharge
of visible emissions greater than 10 percent opacity. No person may
operate a standard catalytic or non-catalytic solid fuel burning device
during an Air Pollution Alert.
    There are conditions for burning that are enforceable in Subchapter
4: Outdoor Burning Regulations. Furthermore, the Lincoln County Air
Pollution Control Program rules state that unless prohibited by section
75.1.104(2)(d), and within 60 days of notification from the Department
or EPA, the Department shall implement the following contingency
measures to reduce emissions from a source(s) identified as a
contributor:
    (a) If residential wood burning is determined to be a contributing
source, the Department shall implement section 75.1.208.
    (b) If re-entrained dust is determined to be a contributing source,
the Department shall implement section 75.1.307.
    (c) If industrial facility emissions are determined to be a
contributing source, the Department shall initiate contingency measures
to reduce emissions.
    (d) The Department shall address failure to attain NAAQS or to make
reasonable further progress in reducing emissions attributable to
natural events or impacts generating activities occurring outside state
or local jurisdictional control according to EPA policy while
initiating interim contingency measures at the local level.
    (e) If no emission source(s) can be identified as a contributor,
the Department shall conduct a comprehensive review, including chemical
and microscopic filter analysis. Until such time as the review and
analyses have been completed, the Department shall implement at least
one of the above contingency measures on an interim basis. Any selected
interim contingency measure(s) shall remain in effect until the
Department completes a comprehensive review and determines whether a
permanent contingency measure is necessary.
    Based on our proposed rulemaking, we analyzed the PM2.5
One-year Annual Mean Concentrations for the Libby Area from 2014-2021
which are all below the 1997 PM2.5 Annual NAAQS of 15.0 ug/
m\3\. In addition, none of the annual design values from 2016-2021 from
the Libby Area monitoring site exceeded the 1997 annual
PM2.5 NAAQS of 15.0 ug/m\3\, and as such, EPA proposes to
determine that the Libby Area has attained the 1997 annual
PM2.5 NAAQS.
    The NESCAUM report cited [https://www.nescaum.org/documents/nescaum-review-of-epa-rwh-nsps-certification-program-rev-3-30-21.pdf]
does raise significant concerns with EPA's certification program
relevant to Cord Wood appliances, and EPA is taking steps to revise
Cord Wood appliance test methods to rectify the concerns that NESCAUM
has raised. However, these issues do not directly impact the Libby, MT
1997 PM2.5 NAAQS redesignation request and LMP approval,
because we do not rely on any way the Cord Wood appliances test methods
or results as a basis for the redesignation or as a part of the LMP. We
therefore do not agree that the NESCAUM review has any relevance to
this action.
    The commenter's statements regarding safe levels of pollution and
whether the NAAQS are reflective of such safe levels are beyond the
scope of this action, which revises one area's designation for a
promulgated NAAQS based on EPA's assessment of the state's submission.

III. Final Action

    Based on our review of the Libby PM2.5 Plan submitted by
State of Montana, air quality monitoring data, and other relevant
materials, the comment letters we received, and for the reasons
described in our proposed rule, the EPA is finalizing approval of
Montana's plan for maintaining the 1997 Annual PM2.5 NAAQS
(limited maintenance plan) and is redesignating the Libby Area to
attainment for the 1997 Annual PM2.5 NAAQS.

    By finalizing the redesignation of the Libby Area to attainment for
the 1997 Annual PM2.5 NAAQS and finalizing the approval of
the LMP for the 1997 Annual PM2.5 NAAQS, the 1997 primary
Annual PM2.5 NAAQS will be revoked in the Libby Area on the
effective date of this redesignation, August 23, 2023. Beginning on
that date, the Area will no longer be subject to transportation or
general conformity requirements for the 1997 Annual PM2.5
NAAQS due to the revocation of the primary NAAQS (see 81 FR 58125;
August 24, 2016). The Area is required to implement its approved LMP
for the 1997 Annual PM2.5 NAAQS that is being approved in
this action. The approved LMP can only be revised if the revision meets
the requirements of CAA section 110(l) and, if applicable, CAA section
193.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 these reasons, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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
     In addition, the SIP is not approved to apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.
    The State of Montana did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 22, 2023. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
and Wilderness areas.

    Dated: July 15, 2023.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR parts 52 and 81
are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart BB--Montana

0
2. In Sec.  52.1370, the table in paragraph (e) is amended by adding
the entry ``Libby 1997 PM2.5 Limited Maintenance Plan''
under the heading entitled ``(5) Lincoln County'' at the end of the
section to read as follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                                   Notice of
                 Title/subject                       State        final rule              NFR citation
                                                effective date       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               (5) Lincoln County
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Libby 1997 PM2.5 Limited Maintenance Plan.....  ..............       7/24/2023  [insert Federal Register
                                                                                citation].

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

0
3. In Sec.  52.1374, add paragraph (i) to read as follows:

Sec.  52.1374  Control strategy: Particulate matter.

* * * * *
    (i) On June 24, 2020, the State of Montana submitted limited
maintenance plans for the Libby PM2.5 nonattaiment areas and
requested that this area be redesignated to attainment for the
PM2.5 National Ambient Air Quality Standards. The
redesignation request and limited maintenance plans satisfy all
applicable requirements of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.327, the table entitled ``Montana--1997 Annual
PM2.5 NAAQS'' is amended by revising the entry ``Lincoln
County (part)'' to read as follows:

Sec.  81.327  Montana.

* * * * *

                                        Montana--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation \a\                        Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \2\          Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Lincoln County (part).............  August 23, 2023......  Attainment...........
The area bounded by lines from
 Universal Transverse Mercador
 Zone 11 (North American Datum
 1983) coordinates beginning at
 600,000mE, 5,370,000mN east to
 620,000mE, 5370,000mN south to
 620,000mE, 5340,000mN west to
 600,000mE, 5,340,000mN north to
 600,000mE, 5,370,000mN.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2023-15435 Filed 7-21-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30564-30566]
[FR Doc No: 2012-12442]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67010; File No. SR-EDGX-2012-08]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Order
Approving a Proposed Rule Change Relating to Amendments to Rule 2.11
That Establish the Authority To Cancel Orders and Describe the
Operation of an Error Account

May 17, 2012.

I. Introduction

    On March 22, 2012, EDGX Exchange, Inc. (``Exchange'' or ``EDGX'')
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 EDGX Rule 2.11 to (1) add a new subparagraph (a)(6) that
addresses the authority of EDGX and its routing broker-dealer, Direct
Edge ECN LLC d/b/a DE Route (``DE Route'') to cancel orders if and when
a systems, technical, or operational issue occurs, and (2) amend
subparagraph (a)(4) and add new subparagraph (a)(7) to describe the
operation of an error account for DE Route. The proposed rule change
was published for comment in the Federal Register on April 6, 2012.\3\
The Commission received no comment letters regarding the proposed rule

change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 66713 (April 2, 2012),
77 FR 20854 (April 6, 2012) (SR-EDGX-2012-08) (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    DE Route, a broker-dealer that is a facility and an affiliate of
the Exchange, provides outbound routing services from the Exchange to
other market centers pursuant to Exchange rules.\4\ In its proposal,
the Exchange states that a systems, technical, or operational issue may
occur at EDGX, DE Route, or a Trading Center \5\ that causes EDGX or DE
Route to cancel orders, if the Exchange or DE Route determines that
such action is necessary to maintain a fair and orderly market.\6\ The
Exchange also states that systems, technical, or operational issues
that occur at EDGX, DE Route, or a Trading Center may result in DE
Route acquiring an error position that it must resolve.\7\
---------------------------------------------------------------------------

    \4\ See Notice, 77 FR at 20855, n.4 and accompanying text, and
text accompanying n.6. See also EDGX Rule 2.11; and Securities
Exchange Act Release No. 61698 (March 12, 2010) 75 FR 13151 (March
18, 2010) at 13165.
    The Exchange also receives equities orders routed inbound to the
Exchange by DE Route from EDGA Exchange, Inc. under a pilot period
ending on June 30, 2013. See Notice, 77 FR at 20855. See also
Securities Exchange Act Release No. 64361 (April 28, 2011), 76 FR
25388 (May 4, 2011) (SR-EDGX-2011-12); and Securities Exchange Act
Release No. 66644 (March 22, 2012), 77 FR 18877 (March 28, 2012)
(SR-EDGX-2012-09) (filing to extend the pilot period through June
30, 2013).
    \5\ EDGX Rule 2.11(a) defines ``Trading Center'' as ``other
securities exchanges, facilities of securities exchanges, automated
trading systems, electronic communications networks or other brokers
or dealers.'' See also Notice, 77 FR at 20855, n.5 (stating that
``Trading Centers'' is as defined in EDGX Rule 2.11(a) and Rule
600(b)(78) of Regulation NMS under the Act, 17 CFR 242.600(b)(78)).
    \6\ See Notice, 77 FR at 20855. For examples of some of the
circumstances in which EDGX or DE Route may decide to cancel orders,
see id.
    \7\ See id. For examples of some of the circumstances that may
lead to error positions, see id.
---------------------------------------------------------------------------

    New subparagraph (a)(6) to EDGX Rule 2.11 provides EDGX or DE Route
with general authority to cancel orders to maintain fair and orderly
markets when a systems, technical, or operational issue occurs at EDGX,
DE Route, or a Trading Center. EDGX or DE Route will be required to
provide notice of the cancellation of orders to Members \8\ as soon as
practicable.\9\
---------------------------------------------------------------------------

    \8\ EDGX Rule 1.5(n) defines ``Member'' to mean ``any registered
broker or dealer, or any person associated with a registered broker
or dealer, that has been admitted to membership in the Exchange''
and states that ``[a] Member will have the status of a `member' of
the Exchange as that term is defined in Section 3(a)(3) of the
[Exchange] Act.''
    \9\ See EDGX Rule 2.11(a)(6).
---------------------------------------------------------------------------

    New subparagraphs (a)(4) and (a)(7) provide authority for DE Route
to maintain an error account for the purpose of addressing, and sets
forth the procedures for resolving, error positions. Specifically, DE
Route will maintain an error account for the purpose of liquidating an
error position acquired in connection with its role as an Outbound
Router \10\ when such position, in the judgment of DE Route subject to
the factors described in EDGX Rule 2.11(a)(7) (and as set forth below),
cannot be fairly and practicably assigned to one or more Members in its
entirety.\11\
---------------------------------------------------------------------------

    \10\ EDGX Rule 2.11(a) defines DE Route, in its function
providing outbound routing of orders from the Exchange to other
Trading Centers, as the ``Outbound Router.''
    \11\ See EDGX Rule 2.11(a)(7). An error position can be acquired
as a result of a systems, technical, or operational issue
experienced by EDGX, DE Route, or a Trading Center to which DE Route
directed an outbound order. See id.
---------------------------------------------------------------------------

    In determining whether an entire error position can be fairly and
practicably assigned to one or more Members, DE Route will consider (i)
whether DE Route has accurate and sufficient information to assign the
entire amount of an error position to all affected Members; and (ii)
whether DE Route is able to evaluate available information in order to
assign the entire amount of an error position to all affected Members
by the first business day following the trade date on which the error
position was established.\12\ If DE Route determines that an error
position can be assigned to one or more Members by the first business
day following the trade date on which the error position was incurred,
DE Route will (i) assign the entire amount of the error position to all
affected Members, and (ii) make and keep records to document the
rationale for the assignment to those Members.\13\ All determinations
and assignments will be made in a non-discriminatory manner.\14\
---------------------------------------------------------------------------

    \12\ See id.
    \13\ See id.
    \14\ See id.
---------------------------------------------------------------------------

    If, however, DE Route reasonably concludes, due to the number of
erroneous executions or the number of members potentially impacted,
that it would not be able to trace each erroneous execution comprising
an error position back to the affected Members in a timely manner, then
DE Route will assume the entire amount of the error position into the
error account.\15\ DE Route will make and keep records of the factors
considered in determining whether to acquire an error position into the
error account.\16\
---------------------------------------------------------------------------

    \15\ See Notice, 77 FR at 20856.
    \16\ See EDGX Rule 2.11(a)(7).
---------------------------------------------------------------------------

    If DE Route determines to acquire an error position into the error
account, DE Route will liquidate the error position as soon as
practicable.\17\ DE Route will be required to provide complete time and
price discretion for the trading to liquidate the error positions to a
third-party broker-dealer, and would be prohibited from attempting to
exercise any influence or control over the timing or methods of such
trading.\18\ Further, DE Route will be required to establish and
implement written policies and procedures that are reasonably designed
to restrict the flow of confidential and proprietary information
between the third-party broker-dealer, on one hand, and the Exchange
and DE Route, on the other, associated with the liquidation of the
error positions.\19\ DE Route will make and keep records associated
with the liquidation of the error position through a third-party
broker-dealer.\20\
---------------------------------------------------------------------------

    \17\ See id.
    \18\ See id.
    \19\ See id.
    \20\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6(b) of the Act
\21\ and the rules and regulations thereunder applicable to a national
securities exchange.\22\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\23\
which requires, among other things, that the rules of a national
securities 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; and are not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. In addition, the Commission
believes the proposed rule change is consistent with Section
11A(a)(1)(C) of the Act \24\ in that it seeks to assure economically
efficient execution of securities transactions.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 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).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ 15 U.S.C. 78k-1(a)(1)(C).
---------------------------------------------------------------------------

    The Commission recognizes that a systems, technical, or operational
issue may occur, and believes that EDGX Rule 2.11, in allowing EDGX or
DE Route to cancel orders affected by a systems,

technical, or operational issue, should provide a reasonably efficient
means for the Exchange to handle such orders, and appears reasonably
designed to permit EDGX to maintain fair and orderly markets.\25\
---------------------------------------------------------------------------

    \25\ The Commission notes that EDGX states that the proposed
amendments to EDGX Rule 2.11 are designed to maintain fair and
orderly markets, ensure full trade certainty for market
participants, and avoid disrupting the clearance and settlement
process. See Notice, 77 FR at 20857. The Commission also notes that
EDGX states that a decision to cancel orders due to a systems,
technical, or operational issue may not cause the Exchange to
declare self-help against a Trading Center pursuant to Rule 611 of
Regulation NMS, in which case the Exchange would continue to be
subject to the order protection requirements of Rule 611 with
respect to that Trading Center. See 17 CFR 242.611(b). See also
Notice, 77 FR at 20856, n.12.
---------------------------------------------------------------------------

    The Commission also believes that allowing DE Route to maintain an
error account to resolve error positions acquired in connection with
its role as an Outbound Router pursuant to the procedures set forth in
the rule, and as described above, is consistent with the Act. The
Commission notes that the rule establishes criteria for determining
which positions are error positions that may be acquired into the error
account, and which will be assigned to Members.\26\ DE Route, in
connection with a particular systems, technical, or operational issue,
will be required to either (i) assign the entire amount of a resulting
error position to Members or (ii) liquidate such position.\27\ Also, DE
Route will assign an error position that results from a particular
systems, technical, or operational issue to Members only if the entire
amount of such error position can be assigned to all of the affected
Members.\28\ If DE Route cannot fairly and practically assign the
entire amount of an error position to all affected Members, DE Route
will liquidate such error position.\29\ In this regard, the Commission
believes that the new rule appears reasonably designed to further just
and equitable principles of trade and the protection of investors and
the public interest, and to help prevent unfair discrimination, in that
it should help assure the handling of error positions will be based on
clear and objective criteria, and that the resolution of those
positions will occur promptly through a transparent process.
---------------------------------------------------------------------------

    \26\ See EDGX Rule 2.11(a)(7).
    \27\ See id.
    \28\ See id.
    \29\ See id.
---------------------------------------------------------------------------

    Additionally, the Commission notes that it has previously expressed
concern about the potential for unfair competition and conflicts of
interest between an exchange's self-regulatory obligations and its
commercial interest when the exchange is affiliated with one of its
members.\30\ The Commission is also concerned about the potential for
misuse of confidential and proprietary information. The Commission
believes that the requirement that DE Route provide complete time and
price discretion for the liquidation of an error position to a third-
party broker-dealer, including that DE Route not attempt to exercise
any influence or control over the timing or methods of such trading,
combined with the requirement that DE Route establish and implement
policies and procedures that are reasonably designed to restrict the
flow of confidential and proprietary information to the third-party
routing broker liquidating such positions, should help mitigate the
Commission's concerns. In particular, the Commission believes that
these requirements should help assure that none of EDGX, DE Route, or
the third-party broker-dealer is able to misuse confidential or
proprietary information obtained in connection with the liquidation of
error positions for its own benefit. The Commission also notes that DE
Route would be required to make and keep records documenting the
rationale for assignment of error positions to Members, documenting the
factors considered in determining to acquire error positions into the
error account, and associated with the liquidation of error positions
through the third-party broker-dealer.\31\
---------------------------------------------------------------------------

    \30\ See, e.g., Securities Exchange Act Release No. 65455
(September 30, 2011), 76 FR 62119 (October 6, 2011) at 62120, n.16
and accompanying text.
    \31\ See EDGX Rule 2.11(a)(7).
---------------------------------------------------------------------------

    Finally, the Commission notes that the proposed procedures for
canceling orders and handling of error positions are consistent with
procedures the Commission has approved for another exchange.\32\
---------------------------------------------------------------------------

    \32\ See Securities Exchange Act Release No. 66963 (May 10,
2012), 77 FR 28919 (May 16, 2012) (SR-NYSEArca-2012-22).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\33\ that the proposed rule change (SR-EDGX-2012-08) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12442 Filed 5-22-12; 8:45 am]
BILLING CODE 8011-01-P