[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38496-38498]
[FR Doc No: 2015-16414]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75324; File No. SR-BATS-2015-47]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.9 of BATS Exchange, Inc., To Modify its Price Adjust
Functionality

June 29, 2015.
    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 June 16, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.9 to modify the
Exchange's Price Adjust functionality, as described below.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange currently offers various forms of sliding, which, in
all cases, result in the re-pricing of an order to, or ranking and/or
display of an order at, a price other than an order's limit price in
order to comply with applicable securities laws and/or Exchange rules.
Specifically, the Exchange currently offers price sliding to ensure
compliance with Regulation NMS and Regulation SHO. Price sliding
currently offered by the Exchange re-prices and displays an order upon
entry and in certain cases again re-prices and re-displays an order at
a more aggressive price one time if and when permissible (``single
display-price sliding''), and optionally continually re-prices an order
(``multiple display-price sliding'') based on changes in the national
best bid (``NBB'') or national best offer (``NBO'', and together with
the NBB, the ``NBBO''). The Exchange proposes to modify one form of
price sliding offered by the Exchange, the Price Adjust process, as
described below, in order to align more closely with the Exchange's
other form of price sliding, the display-price sliding process.
    The Exchange's display-price sliding functionality is designed to
avoid locking or crossing other markets' Protected Quotations, but does
not price slide to avoid executions on the Exchange's order book
(``BATS Book''). Specifically, when the Exchange receives an incoming
order designated with a display-price sliding instruction that could
execute against resting displayed liquidity on the BATS Book, it will
execute against such liquidity. However, when an execution against
resting displayed liquidity does not occur because an incoming order is
designated as an order that will not remove liquidity (i.e., a BATS
Post Only Order), then the Exchange will cancel the incoming order. In
contrast to display-price sliding, which is based solely on Protected
Quotations \3\ at external markets other than the Exchange, Price
Adjust is currently based on Protected Quotations at external markets
and at the Exchange. Under the Price Adjust process, if the Exchange
has a Protected Quotation that an incoming order to the Exchange locks
or crosses then such order executes against the resting order, or, if
the incoming order is a BATS Post Only Order or Partial Post Only at
Limit Order, such order would be executed in accordance with Rules
11.9(c)(6) and (c)(7), respectively,\4\ or would be adjusted pursuant
to the Price Adjust process. The Exchange proposes to modify the Price
Adjust process so that it is applicable only with respect to quotations
of external markets, which, as noted above, is how the display-price
sliding process currently operates on the Exchange.
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    \3\ As defined in BATS Rule 1.5(t), a ``Protected Quotation'' is
``a quotation that is a Protected Bid or Protected Offer.'' In turn,
the term ``Protected Bid'' or ``Protected Offer'' means ``a bid or
offer in a stock that is (i) displayed by an automated trading
center; (ii) disseminated pursuant to an effective national market
system plan; and (iii) an automated quotation that is the best bid
or best offer of a national securities exchange or association.''
    \4\ The Exchange notes that BATS Post Only Orders are permitted
to remove liquidity from the BATS Book if the value of price
improvement associated with such execution equals or exceeds the sum
of fees charged for such execution and the value of any rebate that
would be provided if the order posted to the BATS Book and
subsequently provided liquidity. See Rule 11.9(c)(6). Similarly,
Partial Post Only at Limit Orders are permitted to remove price
improving liquidity as well as a User-selected percentage of the
remaining order at the limit price if, following such removal, the
order can post at its limit price. See Rule 11.9(c)(7).
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    As proposed, under the Price Adjust process, an order eligible for
display by the Exchange that, at the time of entry, would create a
violation of Rule 610(d) of Regulation NMS by locking or crossing a
Protected Quotation of an external market will be ranked and displayed
by the System at one minimum price variation below the current NBO (for
bids) or to one minimum price variation above the current NBB (for
offers). However, as is true for the current display-price sliding
process, the Price Adjust process would not adjust the price of a BATS
Post Only Order or Partial Post Only at Limit Order that would lock or
cross an order displayed by the Exchange but rather, would either
execute \5\ or cancel such order upon entry. Further, to the extent the
NBBO changes such that a BATS Post Only Order subject to the Price
Adjust process would be ranked at a price at which it could remove
displayed liquidity from the BATS Book, the order will be executed as
set forth in Rule 11.9(c)(6) or cancelled.
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    \5\ See id.
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    As an example of the Price Adjust process, assume the Exchange has
a posted and displayed bid to buy 100 shares of a security priced at
$10.10 per share and a posted and displayed offer to sell 100 shares at
$10.11 per share. Assume the NBBO is $10.10 by $10.11, which includes
an offer of $10.11 displayed by at least one other market.
     Under the current functionality, if the Exchange receives
a Post Only bid to buy 100 shares at $10.11 per share with a Price
Adjust instruction the Exchange will rank and display the order to buy
at $10.10 because displaying the bid at $10.11 would lock the offer to
sell for $10.11 displayed by the Exchange (as well as one or more
external markets).

     As proposed, however, if the Exchange receives a Post Only
bid to buy 100 shares at $10.11 per share with a Price Adjust
instruction the Exchange will cancel the order back because displaying
the bid at $10.11 would lock the offer to sell for $10.11 displayed by
the Exchange (as well as one or more external markets) and the
Exchange's Price Adjust functionality would no longer price slide past
a displayed order resting on the Exchange.
     Assume however, that all facts are the same as the
immediately preceding example except that the Exchange's best offer is
displayed at $10.12. Because an incoming Post Only bid to buy 100
shares at $10.11 could be displayed by the Exchange but would lock the
Protected Quotation of one or more external markets at that price, the
Exchange would re-price and display the order to buy at $10.10.
    In addition to the change proposed above, the Exchange proposes to
correct two aspects of the Exchange's current rule regarding the
display-price sliding process. First, the Exchange proposes to modify
Rule 11.9(g)(1)(D), which states that ``any'' display-eligible BATS
Post Only Order or Partial Post Only at Limit order that locks or
crosses a Protected Quotation displayed by an external market upon
entry will be subject to the display-price sliding process. Because an
order can also be subject to the Price Adjust process or no price
sliding option at all, the Exchange proposes to instead start this
provision with ``depending on User instructions.'' The Exchange
proposes to use this same language in the proposed revision to Rule
11.9(g)(2)(D) with respect to Price Adjust. Second, the Exchange
proposes to modify the cross-reference at the end of Rule 11.9(g)(2)(D)
from 11.9(c)(7) to 11.9(c)(6) to accurately refer to the rule
applicable to BATS Post Only Orders.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with section 6(b) of the Securities Exchange Act of 1934 (the ``Act'')
\6\ and further the objectives of section 6(b)(5) of the Act \7\
because they are designed to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and, in general, to protect investors and the public
interest. The proposed rule change also is designed to support the
principles of section 11A(a)(1) \8\ of the Act in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).
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    The Exchange believes that the proposed change to Price Adjust is
consistent with section 6(b)(5) of the Act,\9\ as well as Rule 610 of
Regulation NMS \10\ and Rule 201 of Regulation SHO.\11\ The Exchange is
not modifying the overall functionality of Price Adjust, which is
designed to avoid locking or crossing quotations of other market
centers or to comply with applicable short sale restrictions. Instead,
the Exchange is proposing changes to Price Adjust to more closely
mirror the display-price sliding process, such that neither form of
price sliding functionality adjusts the price of an order to avoid
locking or crossing an order displayed by the Exchange, and instead,
such an order will either be cancelled or executed by the Exchange. As
noted above, in contrast to display-price sliding, which is based
solely on Protected Quotations of external markets, the Price Adjust
process is currently based on Protected Quotations at external markets
and at the Exchange.
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 17 CFR 242.610.
    \11\ 17 CFR 242.201.
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    Rule 610(d) requires exchanges to establish, maintain, and enforce
rules that require members reasonably to avoid ``[d]isplaying
quotations that lock or cross any protected quotation in an NMS
stock.'' \12\ Such rules must be ``reasonably designed to assure the
reconciliation of locked or crossed quotations in an NMS stock,'' and
must ``prohibit . . . members from engaging in a pattern or practice of
displaying quotations that lock or cross any protected quotation in an
NMS stock.'' \13\ The Price Adjust process, as amended will continue to
assist Users by displaying orders at permissible prices or rejecting
them if the Exchange has displayed liquidity that would preclude their
display. Similarly, Rule 201 of Regulation SHO \14\ requires trading
centers to establish, maintain, and enforce written policies and
procedures reasonably designed to prevent the execution or display of a
short sale order at a price at or below the current NBB under certain
circumstances. The Exchange's short sale price sliding will continue to
operate the same for Users of Price Adjust as it does for Users that
select the display-price sliding process offered by the Exchange.
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    \12\ 17 CFR 242.610(d).
    \13\ Id.
    \14\ 17 CFR 242.201.
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    Thus, if the Exchange has a Protected Quotation that an incoming
order to the Exchange locks or crosses then such incoming order will
execute against the resting order, or, if the incoming order is a BATS
Post Only Order or Partial Post Only at Limit Order, such order would
be executed in accordance with Rules 11.9(c)(6) and (c)(7),
respectively, or cancelled. The Exchange believes that it is reasonable
and consistent with the Act to cancel orders on entry that cannot
executed or displayed at their limit price because this is consistent
with display-price sliding functionality. Therefore, the Exchange
believes the proposal to apply the Price Adjust process to orders that
cannot be displayed because they would lock or cross displayed contra-
side interest on the Exchange will promote just and equitable
principles of trade, remove impediments to, and perfect the mechanism
of, a free and open market and a national market system. The Exchange
also reiterates that the proposed change to the Price Adjust process
will continue to enable the System to avoid displaying a locking or
crossing quotation in order to ensure compliance with Rule 610(d) of
Regulation NMS.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is being proposed as minor modification to functionality
offered by the Exchange that will ensure that the Exchange's Price
Adjust process is consistent with the display-price sliding process
offered by the Exchange today.

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

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

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

    The Exchange has designated this rule filing as non-controversial
under section 19(b)(3)(A) of the Act \15\ and paragraph (f)(6) of Rule
19b-4 thereunder.\16\ The

proposed rule change effects a change that (A) does not significantly
affect the protection of investors or the public interest; (B) does not
impose any significant burden on competition; and (C) by its terms,
does not become operative for 30 days after the date of the filing, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest; provided that the
self-regulatory organization has given the Commission written notice of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule change,
or such shorter time as designated by the Commission. The Exchange
provided the Commission with written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change at least five business days prior to the date of
this filing.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that BATS may
implement the proposed rule change immediately. The Exchange has
represented that it has alerted its Members of the proposed change \18\
and that those currently utilizing Price Adjust functionality would not
need to make any system changes in connection with the proposed change.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest as
it will align the display-price sliding functionality and Price Adjust
functionality and help harmonize the Exchange's rulebook. Therefore,
the Commission hereby waives the 30-day operative delay and designates
the proposed rule change to be operative upon filing with the
Commission.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ See BATS Trade Desk Notice dated May 19, 2015, ``BATS
Update to Post Only Price Adjust Logic Effective Friday, June 19,
2015 on BZX,'' available at www.batstrading.com/alerts under Release
Notes.
    \19\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily temporarily suspend such rule
change if it appears to the Commission that such action is: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2015-47 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2015-47. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices 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-BATS-2015-47,
and should be submitted on or before July 27, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-16414 Filed 7-2-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73634-73636]
[FR Doc No: 2020-23922]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0498; FRL-10015-31-Region 9]

Air Quality Implementation Plan; California; Calaveras County Air
Pollution Control District and Mariposa County Air Pollution Control
District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to the Calaveras County Air Pollution Control District
(CCAPCD) and the Mariposa County Air Pollution Control District
(MCAPCD) portions of the California State Implementation Plan (SIP). In
this action, we are approving two rules, one submitted by the CCAPCD
and the other by the MCAPCD, governing the issuance of permits for
stationary sources, focusing on the preconstruction review and
permitting of major sources and major modifications under part D of
title I of the Clean Air Act (CAA or ``the Act'').

DATES: Theses rules will be effective on December 21, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0498. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which 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 https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Amber Batchelder, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On July 20, 2020 (85 FR 43785), the EPA proposed to approve the
following rules into the California SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           District              Rule or  regulation No.        Rule title            Adopted      Submitted \1\
----------------------------------------------------------------------------------------------------------------
Calaveras County APCD.........  Rule 428................  NSR Requirements for          03/12/19        04/05/19
                                                           New and Modified
                                                           Major Sources in
                                                           Nonattainment Areas.
Mariposa County APCD..........  Regulation XI...........  NSR Requirements for          03/12/19        04/05/19
                                                           New and Modified
                                                           Major Sources in the
                                                           Mariposa County Air
                                                           Pollution Control
                                                           District.
----------------------------------------------------------------------------------------------------------------

    On April 12, 2019,  the EPA determined that the California SIP
submittals listed above in Table 1 met the completeness criteria in 40
CFR part 51, appendix V, which must be met before formal EPA review.\2\
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    \1\ Each submittal was transmitted to the EPA via a letter from
the California Air Resources Board (CARB) dated April 3, 2019.
    \2\ See letter dated April 12, 2019 from Elizabeth J. Adams, US
EPA Region 9, to Richard Corey, CARB, regarding the April 5, 2019
submittal of CCAPCD Rule 428; and letter dated April 12, 2019 from
Elizabeth J. Adams, US EPA Region 9, to Richard Corey, CARB,
regarding the April 5, 2019 submittal of MCAPCD Regulation XI.
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    For areas designated nonattainment for one or more National Ambient
Air Quality Standards (NAAQS), the applicable SIP must include
preconstruction review and permitting requirements for new or modified
major stationary sources of such nonattainment pollutant(s) under part
D of title I of the Act, commonly referred to as Nonattainment New
Source Review (NNSR). The rules listed in Table 1 contain the
Districts' respective NNSR permit programs applicable to new and
modified major sources located in areas designated nonattainment for
any ozone NAAQS. These rules also contain the Districts' respective
requirements for the review of new major stationary sources or major
modifications in a designated nonattainment area that may have an
impact on visibility in any mandatory Class I Federal Area in
accordance with 40 CFR 51.307. We proposed to approve these rules into
the California SIP because we determined that they comply with the
relevant CAA requirements. Our proposed action contains more
information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments, which are included in the
docket for this action. We do not consider these comments to be germane
or relevant to this action, thus these comments are not adverse to this
action. Moreover, the comments lack the required specificity to the
proposed SIP revisions and the relevant CAA requirements, and do not
address the specific regulations or provisions in question or recommend
an action on the SIP submission different from what EPA proposed.
Therefore, we are finalizing our action as proposed.

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. We continue to find that CCAPCD
Rule 428 and MCAPCD Regulation XI satisfy the relevant requirements for
a CAA NNSR program for ozone, as well as the associated visibility
requirements for sources subject to review under such a program in
accordance with 40 CFR 51.307. Therefore, as authorized in section
110(k)(3) and 301(a) of the Act, the EPA is finalizing approval of
CCAPCD Rule 428 and MCAPCD Regulation XI. This action incorporates the
submitted rules into the California SIP. In conjunction with the EPA's
SIP approval of the Districts' respective visibility programs for
sources subject to the NNSR program, this action also revises the scope
of the visibility Federal Implementation Plan (FIP) at 40 CFR 52.28 in
California so that this FIP no longer applies to sources located in the
CCAPCD and MCAPCD that are subject to these District visibility
programs, while clarifying that the FIP continues to apply in these and
other areas within California to sources located on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the rules
listed in Table 1 of this preamble. The EPA has made, and will continue
to make, these materials available electronically through https://www.regulations.gov and in hard copy at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.
    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, the 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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. The 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 January 19, 2021. 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

    Administrative practice and procedure, Environmental protection,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: October 21, 2020.
John Busterud,
Regional Administrator, Region IX.

    For reasons set out in the preamble, EPA amends 40 CFR part 52,
chapter I, to read 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 F--California

0
2. Section 52.220 is amended by adding paragraph (c)(544) to read as
follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (544) The following regulations were submitted on April 5, 2019 by
the Governor's designee as an attachment to a letter dated April 3,
2019.
    (i) Incorporation by reference.
    (A) Calaveras County Air Pollution Control District.
    (1) Rule 428, ``NSR Requirements for New and Modified Major Sources
in Nonattainment Areas,'' adopted on March 12, 2019.
    (2) [Reserved]
    (B) Mariposa County Air Pollution Control District.
    (1) Regulation XI, ``NSR Requirements for New and Modified Major
Sources in the Mariposa County Air Pollution Control District,''
adopted on March 12, 2019.
    (2) [Reserved]
    (ii) [Reserved]
* * * * *

0
3. Section 52.281 is amended by revising paragraph (d) to read as
follows:

Sec.  52.281  Visibility protection.

* * * * *
    (d) The provisions of Sec.  52.28 are hereby incorporated and made
part of the applicable plan for the State of California, except for the
air pollution control districts listed below. The provisions of Sec.
52.28 remain the applicable plan for any Indian reservation lands, and
any other area of Indian country where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, located within the State of
California, including any such areas located in the air pollution
control districts listed below.
    (1) Monterey County air pollution control district,
    (2) Sacramento County air pollution control district,
    (3) Calaveras County air pollution control district, and
    (4) Mariposa County air pollution control district.
* * * * *
[FR Doc. 2020-23922 Filed 11-18-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Page 53257]
[FR Doc No: 2018-22942]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3305]

Allergenic Products Advisory Committee; Cancellation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The meeting of the Allergenic Products Advisory Committee
scheduled for November 7, 2018, is cancelled. This meeting was
announced in the Federal Register of September 26, 2018.

FOR FURTHER INFORMATION CONTACT: Serina Hunter-Thomas, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 6338, Silver Spring, MD 20993-0002,
240-402-5771, [email protected], or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area), and follow the prompts to the desired center or
product area. Please call the Information Line for up-to-date
information on this meeting.

     Dated: October 16, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22942 Filed 10-19-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17538-17540]
[FR Doc No: 2015-07367]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74593; File No. SR-ICC-2015-003]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, to Provide for
the Clearance of Additional Standard Emerging Market Sovereign Single
Names

March 26, 2015.

I. Introduction

    On January 23, 2015 ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2015-003 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in the Federal Register
on February 9, 2015.\3\ The Commission did not receive any comments. On
March 25, 2015, ICC filed Amendment No. 1 to the proposed rule
change.\4\ The Commission is publishing this notice to solicit comments
on Amendment No. 1 from interested persons and is approving the
proposed rule change, as modified by Amendment No. 1, on an accelerated
basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-74192 (Feb. 3, 2015),
80 FR 7070 (Feb. 9, 2015) (File No. SR-ICC-2015-003) (hereinafter
referred to as the ``Initial Rule Filing'').
    \4\ ICC filed Amendment No. 1 to remove Ukraine from the list of
proposed additional Standard Emerging Market Sovereign single-name
constituents of the CDX Emerging Markets Index set forth in the
Initial Rule Filing, as further described below.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

A. Description of the Initial Rule Filing

    ICC proposes to adopt rules that will provide the basis for ICC to
clear additional credit default swap contracts. Specifically, ICC is
proposing to amend Subchapter 26D-102 of its rules to provide for the
clearance of additional Standard Emerging Market Sovereign single-name
constituents of the CDX Emerging Markets Index (collectively, ``SES
Contracts''). Currently, ICC is approved to clear eight SES Contracts:
the Federative Republic of Brazil, the United Mexican States, the
Bolivarian Republic of Venezuela, the Argentine Republic, the Republic
of Turkey, the Russian Federation, the Republic of Hungary, and the
Republic of South Africa.\5\ The proposed change to the ICC Rules would
provide for the clearance of five additional SES Contracts: the
Republic of Chile, the Republic of Peru, the Republic of Colombia,
Ukraine, and the Republic of Poland (``Additional SES Contracts'').
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 34-65588 (Oct. 18,
2011), 76 FR 65763 (Oct. 24, 2011) (File No. SR-ICC-2011-01) (order
approving rule change to clear SES Contracts referencing the
Federative Republic of Brazil, the United Mexican States, the
Bolivian Republic of Venezuela, and the Argentine Republic);
Securities Exchange Act Release No. 34-70849 (Nov. 12, 2013), 78 FR
69167 (Nov. 18, 2013) (File No. SR-ICC-2013-07) (order approving
rule change to clear SES Contracts referencing the Republic of
Turkey and the Russian Federation); and Securities Exchange Act
Release No. 34-73220 (Sep. 25, 2014), 79 FR 59340 (Oct. 1, 2014)
(File No. SR-ICC-2014-13) (order approving rule change to clear SES
Contracts referencing the Republic of Hungary and the Republic of
South Africa).
---------------------------------------------------------------------------

    ICC believes that the addition of these SES Contracts will benefit
the market for emerging market credit default swaps by providing market
participants the benefits of clearing, including reduction in
counterparty risk and safeguarding of margin assets pursuant to
clearing house rules. ICC states that the Additional SES Contracts will
be offered on the 2014 ISDA Credit Derivatives Definitions and have
terms consistent with the other SES Contracts approved for clearing at
ICC and governed by Subchapter 26D of the ICC rules. According to ICC,
the clearing of the Additional SES Contracts will not require any
changes to ICC's Risk Management Framework or other

policies and procedures constituting rules within the meaning of the
Act. ICC states that, in connection with the clearance of the new
contracts, it will apply its existing margin and guaranty fund
methodology, operational and managerial resources, settlement
procedures and account structures, and default management policies and
procedures, which, together, it believes will provide sufficient
financial, operational, and managerial resources to support the
clearing of the new contracts.

B. Description of Amendment No. 1

    On March 25, 2015, ICC filed Amendment No. 1 to the proposed rule
change. The purpose of the proposed rule change in Amendment No. 1 is
to modify the list of proposed contracts set forth in the Initial Rule
Filing. Specifically, ICC proposes removing Ukraine from the proposed
list of contracts. Therefore, the proposed rule change, as amended,
seeks approval for the clearance of the Republic of Chile, the Republic
of Peru, the Republic of Columbia, and the Republic of Poland. ICC
states that Amendment No. 1 does not significantly change the purpose
of, and statutory basis for, the proposed rule change. ICC believes the
proposed rule change, as modified by Amendment No. 1, remains
consistent with the promotion of the prompt and accurate clearance and
settlement of securities transactions and, to the extent applicable,
derivatives agreements, contracts, and transactions, the safeguarding
of securities and funds in the custody or control of ICC or for which
it is responsible, and the protection of investors and the public
interest, within the meaning of Section 17A(b)(3)(F) of the Act, as
described in the Initial Rule Filing.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \6\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \7\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that clearing of the Additional SES Contracts,
as modified by Amendment No. 1, is consistent with the requirements of
Section 17A of the Act \8\ and regulations thereunder applicable to it,
including the standards under Rule 17Ad-22.\9\ The proposed rule change
will provide for clearing of Additional SES Contracts, as modified by
Amendment No. 1, which are similar to the other SES contracts currently
cleared by ICC, in the same manner as other SES Contracts already
cleared by ICC. Specifically, the Commission believes that ICC's
proposal to clear the new contracts pursuant to ICC's existing margin
and guaranty fund methodology, operational and managerial procedures,
settlement procedures and default management policies is designed to
promote the prompt and accurate clearance and settlement of securities
transactions and derivative agreements, contracts and transactions
cleared by ICC, to assure the safeguarding of securities and funds in
the custody or control of ICC, and to protect investors and the public
interest, consistent with Section 17A(b)(3)(F) of the Act.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
    \9\ 17 CFR 240.17Ad-22.
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Accelerated Approval of Proposed Rule Change as Modified by
Amendment No. 1

    As discussed above, ICC submitted Amendment No. 1 to the proposed
rule change to removing Ukraine from the proposed list of the
Additional SES Contracts. The Commission believes that the modification
by Amendment No. 1 to the Initial Rule Filing is consistent with the
safeguarding of securities and funds in the custody or control of ICC
or for which it is responsible, and the protection of investors and the
public interest, within the meaning of Section 17A(b)(3)(F) of the Act
\11\. Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2)(C)(iii) of the Act \12\, to approve the proposed rule change,
as modified by Amendment No. 1, prior to the thirtieth day after the
date of publication of notice of Amendment No. 1 in the Federal
Register.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
    \12\ 15 U.S.C. 78s(b)(2)(C)(iii).
---------------------------------------------------------------------------

V. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether Amendment No. 1
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-ICC-2015-003 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC, 21049-1090.
    All submissions should refer to File Number SR-ICC-2015-003. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours or 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of ICC and on ICC's Web
site at https://www.theice.com/clear-credit/regulation.
    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-ICC-2015-003 and
should be submitted on or before April 22, 2015.

VI. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the

Act and in particular with the requirements of Section 17A of the Act
\13\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-ICC-2015-003), as modified
by Amendment No. 1, be, and hereby is, approved on an accelerated
basis.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).
    \15\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-07367 Filed 3-31-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3868-3871]
[FR Doc No: 2015-00010]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0770; Directorate Identifier 2014-CE-024-AD;
Amendment 39-18064; AD 2015-01-03]
RIN 2120-AA64

Airworthiness Directives; PILATUS Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Pilatus
Aircraft Ltd. Model PC-7 airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as possible cracking from stress corrosion on various parts
of the airplane structure made of aluminum alloy AA2024-T351. We are
issuing this AD to require actions to address the unsafe condition on
these products.

DATES: This AD is effective March 2, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 2,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0770; or in person at Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Pilatus
Aircraft LTD., Customer Technical Support (MCC), P.O. Box 992, CH-6371
Stans, Switzerland; phone: +41 (0)41 619 67 74; fax: +41 (0)41 619 67
73; email<EMAIL_ADDRESS>internet: http://
www.pilatus-aircraft.com. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,

Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply to Pilatus Aircraft Ltd. Model
PC-7 airplanes. The NPRM was published in the Federal Register on
October 7, 2014 (79 FR 60389). The NPRM proposed to correct an unsafe
condition for the specified products and was based on mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country. Since the NPRM was issued, the MCAI was
revised based on revised service information. The NPRM we issued
already referenced the revised service information. The revised MCAI
states:

    This Airworthiness Directive (AD) is prompted due to the
possibility of cracks in some critical parts. It is possible that
stress corrosion cracks may occur on various parts of the aircraft
structure initially made of aluminium alloy AA2024-T351 which is
susceptible to Stress Corrosion Cracking (SCC). Later in production,
the material specification was changed to aluminium alloy AA2124-
T851 to decrease the risk of stress corrosion. The Part Number (P/N)
of the affected structural parts are not always changed when the new
material was introduced.
    Such a condition, if left uncorrected, could lead to failure of
critical parts on the aircraft structure and will prejudice the
structural integrity of the aircraft.
    To address this potential unsafe condition Pilatus Aircraft Ltd.
issued PILATUS PC-7 Service Bulletin (SB) No. 51-001 and FOCA
Switzerland issued AD HB-2014-001 to require a one-time check to
identify the material specification and inspect the affected areas
of the airframe that are made of aluminium alloy AA2024-T351. Any
structural parts of the aircraft structure found to be cracked must
be reported to Pilatus prior to further flight.
    In the meantime Pilatus Aircraft Ltd. issued PILATUS PC-7 SB No.
51-001 Revision 1 to correct paragraphs (Sec.  ) 1.C.(3) and Sec.
1.D. to update Part Number (P/N) references of the AA2024-T351
material and to add a clarification that an inspection can be
carried out if an elevator center control-rod P/N <IP_ADDRESS>5 is
installed. It also clarifies which center tank support bracket is
covered by SB 51-001.
    For the reasons described above, this AD retains the
requirements of FOCA Switzerland AD HB-2014-001, which is revised
and clarifies that an inspection of the elevator center control-rod
can be carried out if P/N <IP_ADDRESS>5 is installed and corrects
some paragraphs and clarifies the information which center tank
support bracket is affected.

The MCAI also requires replacement of the elevator center control-rod,
P/N <IP_ADDRESS>1 or <IP_ADDRESS>5; and shackle, P/N <IP_ADDRESS>. The
MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;dct=PR%252BSR;D=FAA-
2014-0770.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and the FAA's response to the comment.

Request Revision of Paragraph (f)(3)

    Tom Langen of Pilatus commented that the NPRM (79 FR 60389, October
7, 2014) referred to MCAI AD HB-2014-001, dated July 25, 2014. Since
issuance of the NPRM, the MCAI was revised to AD HB-2014-001R1, dated
October 22, 2014. The revised MCAI clarified P/N <IP_ADDRESS>1 needed
to be replaced where the other P/N <IP_ADDRESS>5 should be inspected
and not automatically replaced. Tom Langen requested we revise
paragraph (f)(3) of the AD to read like the revised MCAI.
    We agree. We revised this AD as requested.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously and minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 60389, October 7, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 60389, October 7, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Relevant Service Information

    Pilatus Aircraft Ltd. has issued Pilatus PC-7 Service Bulletin No:
51-001, Revision No. 1, dated August 26, 2014. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI. The service bulletin describes procedures for
inspecting for stress corrosion and replacing various parts of the
airplane structure made of aluminum alloy AA2024-T351. You can find
this service information on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0770.

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry.
We also estimate that it would take about 30 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $4,700 per
product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $72,500, or $7,250 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 14 work-hours and require parts costing $10,000, for a cost
of $11,190 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0770; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2015-01-03 Pilatus Aircraft Ltd: Amendment 39-18064; Docket No. FAA-
2014-0770; Directorate Identifier 2014-CE-024-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 2,
2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-7 airplanes,
manufacturer serial numbers (MSN) 101 through MSN 618, certificated
in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 51: Standard
Practices/Structures.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as possible
cracking from stress corrosion on various parts of the airplane
structure made of aluminum alloy AA2024-T351. We are issuing this AD
to detect and correct stress corrosion cracks that may occur on
various parts of the airplane structure initially made of aluminum
alloy AA2024-T351, which is susceptible to stress corrosion cracking
(SCC). Such a condition, if left uncorrected, could lead to failure
of critical parts on the airplane structure and weaken the
structural integrity of the airplane.

(f) Actions and Compliance

    Unless already done, within the next 12 months after March 2,
2015 (the effective date of this AD), perform a one-time
conductivity test of items 6 through 9 and 11 through 13 as listed
in paragraph 1.A.(2) of Pilatus PC-7 Service Bulletin No: 51-001,
Revision No. 1, dated August 26, 2014, to check the material of the
parts--determine whether they are made of aluminum alloy AA2124-T851
or aluminum alloy AA2024-T351. Do not install any item unless it has
been inspected following the applicable paragraph of Pilatus PC-7
Service Bulletin No: 51-001, Revision No. 1, dated August 26, 2014.
    (1) For airplanes with any parts made of aluminum alloy AA2124-
T851: Within 12 months after March 2, 2015 (the effective date of
this AD), make an entry in the airplane logbook as required by
paragraph 3.D.(3) of Pilatus PC-7 Service Bulletin No: 51-001,
Revision No. 1, dated August 26, 2014. The only other actions of
this AD that apply to airplanes with all parts made of aluminum
alloy AA2124-T851 are the actions in paragraphs (f)(3), (f)(4), and
(f)(5) of this AD.
    (2) For airplanes with any parts made of aluminum alloy AA2024-
T351: Within 12 months after March 2, 2015 (the effective date of
this AD), do the actions in paragraphs (f)(2)(i) through (f)(2)(iii)
as applicable, including all subparagraphs:
    (i) For items 7 through 9 and 11 through 13 as listed in
paragraph 1.A.(2) of Pilatus PC-7 Service Bulletin No: 51-001,
Revision No. 1, dated August 26, 2014, within 12 months after March
2, 2015 (the effective date of this AD), do a one-time inspection
for cracks. If any cracks are found as a result of the inspection,
before further flight, you must contact Pilatus Aircraft Ltd. to
obtain FAA-approved repair instructions approved specifically for
compliance with this AD and incorporate those instructions. Use the
contact information found in paragraph (h) of this AD.
    (ii) For item 6 as listed in paragraph 1.A.(2) of Pilatus PC-7
Service Bulletin No: 51-001, Revision No. 1, dated August 26, 2014,
within 12 months after March 2, 2015 (the effective date of this
AD), replace with a part made of aluminum alloy AA2124-T851.
    (iii) For Items 1, 2, 4, 5, and 10 as listed in paragraph
1.A.(2) of Pilatus PC-7 Service Bulletin No: 51-001, Revision No. 1,
dated August 26, 2014, within 12 months after March 2, 2015 (the
effective date of this AD), do the following actions in paragraphs
(f)(2)(iii)(A) and (f)(2)(iii)(B), as applicable.
    (A) For items 1, 2, 4, and 10 as listed in paragraph 1.A.(2) of
Pilatus PC-7 Service Bulletin No: 51-001, Revision No. 1, dated
August 26, 2014, do a one-time inspection for cracks. If any cracks
are found, before further flight, you must contact Pilatus Aircraft
Ltd. to obtain FAA-approved repair instructions approved
specifically for compliance with this AD and incorporate those
instructions. Use the contact information found in paragraph (i)(3)
of this AD.
    (B) For item 5 as listed in paragraph 1.A.(2) of Pilatus PC-7
Service Bulletin No: 51-001, Revision No. 1, dated August 26, 2014,
replace with a part made of aluminum alloy AA2124-T851.
    (3) For all airplanes: For item 3 as listed in paragraph 1.A.(2)
of Pilatus PC-7 Service Bulletin No: 51-001, Revision No. 1, dated
August 26, 2014, within 12 months after March 2, 2015 (the effective
date of this AD), replace elevator center control-rods with P/N
<IP_ADDRESS>1 (item 3 as listed in paragraph 1.A.(2) of Pilatus PC-7
Service Bulletin No: 51-001, Revision No. 1, dated August 26, 2014),
because the inspection for cracks on this type of control-rods is
difficult. If elevator center control-rods P/N <IP_ADDRESS>5 (Item 3
as listed in paragraph 1.A.(2) of Pilatus PC-7 Service Bulletin No:
51-001, Revision No. 1, dated August 26, 2014), are installed, these
type of control rods will be inspected.
    (4) For all airplanes: As of 12 months after March 2, 2015 (the
effective date of this AD), do not install the parts listed in items
1 and 2, 4, and 7 through 13 of paragraph 1.A.(2) of Pilatus PC-7
Service Bulletin No: 51-001, Revision No. 1, dated August 26, 2014,
that are made of aluminum alloy AA2024-T351 unless they have been
inspected and found free of cracks.
    (5) For all airplanes: As of 12 months after March 2, 2015 (the
effective date of this AD), do not install the parts listed in items
3, 5, and 6 of paragraph 1.A.(2) of Pilatus PC-7 Service Bulletin
No: 51-001, Revision No. 1, dated August 26, 2014, that are made of
aluminum alloy AA2024-T351.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal

agency may not conduct or sponsor, and a person is not required to
respond to, nor shall a person be subject to a penalty for failure
to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection
of information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 5 minutes per response, including the time for
reviewing instructions, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA
at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI Federal Office of Civil Aviation (FOCA) AD HB-
2014-001, dated July 25, 2014; and AD HB-2014-001R1, dated November
5, 2014 for related information. The MCAI can be found in the AD
docket on the Internet at: http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;dct=PR%252BSR;D=FAA-2014-0770.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Pilatus Aircraft Ltd. Pilatus PC-7 Service Bulletin No: 51-
001, Revision No. 1, dated August 26, 2014.
    (ii) Reserved.
    (3) For Pilatus Aircraft Ltd. service information identified in
this AD, contact Pilatus Aircraft Ltd., Customer Technical Support
(MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41
619 67 74; fax: +41 (0)41 619 67 73; email<EMAIL_ADDRESS>internet: http://www.pilatus-aircraft.com.
    (4) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on December 31, 2014.
Robert Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-00010 Filed 1-23-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80356-80358]
[FR Doc No: 2011-32884]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC12-48-000.

    Applicants: International Transmission Company.
    Description: Application of International Transmission Company for
approval of acquisition and disposition of transmission assets pursuant
to section 203 of the Federal Power Act.
    Filed Date: 12/14/2011.
    Accession Number: 20111214-5145.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: EC12-49-000.
    Applicants: Shiloh III Wind Project, LLC, Shiloh III Lessee, LLC.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act and Request for Expedited Consideration of
Shiloh III Wind Project, LLC, et al.
    Filed Date: 12/14/2011.
    Accession Number: 20111214-5146.
    Comments Due: 5 p.m. ET 1/4/12.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG12-20-000.
    Applicants: Shiloh III Lessee, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Shiloh III Lessee, LLC.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5188.
    Comments Due: 5 p.m. ET 1/3/12.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER08-1126-004; ER08-1128-004; ER08-1129-004; ER08-
1130-004; ER08-1131-004; ER08-1134-004; ER08-1135-004; ER08-1136-004;
ER08-1137-004; ER08-1139-004.
    Applicants: Georgia-Pacific Brewton LLC, Brunswick Cellulose, Inc.,
Georgia-Pacific Cedar Springs LLC, Georgia-Pacific Consumer Operations
LLC Palatka, Georgia-Pacific Consumer Operations LLC Port Hudson,
Georgia-Pacific Consumer Products LP Naheola, Georgia-Pacific Consumer
Products LP Savannah, Georgia-Pacific LLC Crossett, Georgia-Pacific
Monticello LLC, Leaf River Cellulose, LLC.
    Description: Triennial MBR Filing on behalf of Georgia-Pacific
Entities.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5122.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: ER11-2815-004.
    Applicants: PJM Interconnection, L.L.C., American Transmission
Systems, Incorporated.
    Description: Errata to Compliance Filing in Docket ER11-2815-002 re
technical correction only to be effective 6/1/2011.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5118.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER11-3949-003.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35: NYISO Compliance Filing re: Order 741 Directives
to be effective 6/30/2012.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5084.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER11-3973-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2011-12-14 CAISO's Credit Reform
Compliance Filing to be effective 4/30/2012.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5121.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER11-4272-002.
    Applicants: ITC Midwest LLC.
    Description: Filing of a Deficiency Response to be effective 10/10/
2011.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5089.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER11-4602-001.
    Applicants: IDT Energy, Inc.
    Description: IDT Energy, Inc. submits tariff filing per 35:
Amendment to MBR Baseline to be effective 9/22/2011.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5106.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER12-199-001.
    Applicants: Coram California Development, L.P.
    Description: Coram California Development, L.P. submits tariff
filing per 35.17(b): Amendment to Coram California Development LP's
Initial Market-Based Rate Tariff to be effective 2/1/2012.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5125.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER12-328-001.
    Applicants: Stony Creek Wind Farm, LLC.
    Description: Amendment to Application For Category 1 Seller
Designation In Southeast Region to be effective 1/1/2012.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5105.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER12-598-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Niagara Mohawk & Athens Generating Company Cost
Reimbursement Agreement 1823 to be effective 11/18/2011.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5031.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER12-599-000.
    Applicants: Avista Corporation.
    Description: Service Agreement No. T1108--Construction Agreement to
be effective 12/13/2011.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5134.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER12-600-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: DPC-ATC T-T to be effective 12/14/2011.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5148.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER12-601-000.
    Applicants: PPL Montour, LLC.
    Description: Certificate of Concurrence relating to the Keystone
Generating Station to be effective 1/1/2012.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5168.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER12-602-000.
    Applicants: PPL Montour, LLC.
    Description: Certificate of Concurrence relating to the Conemaugh
Generating Station to be effective 1/1/2012.
    Filed Date: 12/13/11.
    Accession Number: 20111213-5169.
    Comments Due: 5 p.m. ET 1/3/12.

    Docket Numbers: ER12-603-000.
    Applicants: Avista Corporation.
    Description: Cancellation of Rate Schedule No. 527 (RPSA) to be
effective 10/1/2011.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5000.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER12-604-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: Amendment to IFA and Service Agreement with
Wintec Energy Ltd. to be effective 12/15/2011.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5101.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER12-605-000.
    Applicants: Power Network New Mexico, LLC.
    Description: Power Network New Mexico, LLC submits tariff filing
per 35.12: Power Network New Mexico MBRA Application to be effective 3/
1/2012.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5124.
    Comments Due: 5 p.m. ET 1/4/12.

    Docket Numbers: ER12-606-000.
    Applicants: UGI Development Company.
    Description: UGI Development Company submits tariff filing per
35.13(a)(2)(iii: UGI Development Company--Certificate of Concurrence to
be effective 1/1/2012.
    Filed Date: 12/14/11.
    Accession Number: 20111214-5129.
    Comments Due: 5 p.m. ET 1/4/12.

    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
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<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 14, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-32884 Filed 12-22-11; 8:45 am]
BILLING CODE 6717-01-P