[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Rules and Regulations]
[Pages 58032-58035]
[FR Doc No: 2012-22975]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0648; FRL-9728-7]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County: Infrastructure and Interstate Transport
Requirements for the 1997 and 2008 Ozone and the 1997 and 2006 PM2.5
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving submittals from the Governor of New Mexico
for the City of Albuquerque/Bernalillo County area, pursuant to the
Clean Air Act (CAA or the Act). These submittals address the
infrastructure elements specified in the CAA necessary to implement,
maintain, and enforce the 1997 and 2008 8-hour ozone and the 1997 and
2006 fine particulate matter (PM2.5) national ambient air
quality standards (NAAQS or standards). We find that the current
Albuquerque/Bernalillo County State Implementation Plan (SIP) meets the
infrastructure elements for the 1997 and 2008 8-hour ozone NAAQS and
the 1997 and 2006 PM2.5 NAAQS. We also find that the current
Albuquerque/Bernalillo County SIP meets the CAA requirement that
emissions from sources in the area do not interfere with prevention of
significant deterioration (PSD) measures required in the SIP of any
other state, with regard to the 1997 and 2008 ozone and 1997 and 2006
PM2.5 NAAQS. EPA is also approving SIP revisions that modify
the PSD SIP to include nitrogen oxides (NOX) as an ozone
precursor. EPA is approving revisions to the Albuquerque/Bernalillo
County PSD SIP that identify the PM2.5 precursors and
establish significant emission rates for said precursors, consistent
with the federal requirements. We are also approving other revisions to
the Albuquerque/Bernalillo County PSD SIP to maintain consistency with
the federal PSD permitting requirements. In addition to these
revisions, EPA is approving other revisions to the Albuquerque/
Bernalillo County SIP necessary to implement the NAAQS.

DATES: This final rule is effective on October 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2009-0648. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER>
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a fee of
15 cents per page for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during
official business hours, by appointment, at the City of Albuquerque,
Environmental Health Department--Air Quality Division, One Civic Plaza,
Room 3047, Albuquerque, New Mexico 87103, telephone<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Mr. John Walser, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-6762; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.

Table of Contents

I. Background
    a. Section 110(a)(1) and (2)

    b. PSD Requirements
    c. Additional SIP Revisions
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

a. Section 110(a)(1) and (2)

    The background for today's action is discussed in detail in our
April 13, 2012 proposal (76 FR 22249). In that notice we proposed to
approve submittals from Albuquerque/Bernalillo County that address the
infrastructure elements specified in the CAA section 110(a)(2),
necessary to implement, maintain, and enforce the 1997 and 2008 ozone
and the 1997 and 2006 PM2.5 standards. Those submittals are
dated May 24, 2006 and August 16, 2010. We proposed to find that the
following section 110(a)(2) elements are contained in the current
Albuquerque/Bernalillo County SIP and provide the infrastructure for
implementing the 1997 and 2008 ozone and the 1997 and 2006
PM2.5 standards: emission limits and other control measures
(section 110(a)(2)(A)); ambient air quality monitoring/data system
(section 110(a)(2)(B)); the program for enforcement of control measures
(section 110(a)(2)(C)); international and interstate pollution
abatement (section 110(a)(2)(D)(ii)); adequate resources (section
110(a)(2)(E)); stationary source monitoring system (section
110(a)(2)(F)); emergency power (section 110(a)(2)(G)); future SIP
revisions (section 110(a)(2)(H)); consultation with government
officials (section 110(a)(2)(J)); public notification (section
110(a)(2)(J)); PSD and visibility protection (section 110(a)(2)(J));
air quality modeling/data (section 110(a)(2)(K)); permitting fees
(section 110(a)(2)(L)); and consultation/participation by affected
local entities (section 110(a)(2)(M)).
    In addition, we proposed to find that Albuquerque/Bernalillo County
has adequately addressed one of the four required elements (or prongs)
of CAA section 110(a)(2)(D)(i), the element which requires that the SIP
prohibit air emissions from sources within a state from interfering
with measures required to prevent significant deterioration of air
quality in any other state. We are determining that emissions from
sources in Albuquerque/Bernalillo County do not interfere with measures
to prevent significant deterioration of air quality in any other state
for the 1997 and 2008 ozone and the 1997 and 2006 PM2.5
NAAQS (CAA section 110(a)(2)(D)(i)(II)).

b. PSD Requirements

    In conjunction with our proposed finding that the Albuquerque/
Bernalillo County SIP meets the section 110(a)(1) and (2)
infrastructure and interstate transport SIP elements previously listed
for the four NAAQS, we proposed to approve portions of two SIP
revisions submitted by the Governor of New Mexico to EPA on May 24,
2006 and August 16, 2010 to the Albuquerque PSD Permitting Program at
20.11.61 NMAC. These revisions identify NOX as a precursor
to ozone, identify the precursors for PM2.5 and the
applicable significant emission rates for PM2.5 PSD
permitting, and make other necessary updates to maintain consistency
with the federal PSD permitting requirements at 40 CFR 51.166 and 40
CFR Part 51, Appendix W. EPA believes that these PSD revisions, taken
together with the PSD SIP and the interstate transport SIP, satisfies
the PSD-related requirements of 110(a)(2)(C), 110(a)(2)(J), and the
element of section 110(a)(2)(D)(i) which requires that the SIP prohibit
air emissions from sources within a state from interfering with
measures required to prevent significant deterioration of air quality
in any other state.

c. Additional SIP Revisions

    EPA also proposed to approve a portion of a SIP revision submitted
on November 6, 2009 revising the Albuquerque/Bernalillo County SIP for
Ambient Air Quality Standards, codified at 20.11.8 NMAC (Part 8). The
substantive revisions submitted to Part 8 revise the local ambient air
quality standards to make them consistent with the current NAAQS.
    Our April 13, 2012 proposal provides a detailed description of all
relevant submittals and the rationale for EPA's proposed actions,
together with a discussion of the opportunity to comment. The public
comment period for these actions closed on May 14, 2012, and we did not
receive any adverse comments.

II. Final Action

    We are approving the submittals provided to demonstrate that the
Albuquerque/Bernalillo County SIP meets the infrastructure elements for
the 1997 and 2008 ozone and 1997 and 2006 PM2.5 NAAQS listed
below:

    Emission limits and other control measures (110(a)(2)(A) of the
Act);
    Ambient air quality monitoring/data system (110(a)(2)(B) of the
Act);
    Program for enforcement of control measures (110(a)(2)(C) of the
Act);
    Interstate transport, pursuant to section 110(a)(2)(D)(ii) of
the Act;
    Adequate resources (110(a)(2)(E) of the Act);
    Stationary source monitoring system (110(a)(2)(F) of the Act);
    Emergency power (110(a)(2)(G) of the Act);
    Future SIP revisions (110(a)(2)(H) of the Act);
    Consultation with government officials (110(a)(2)(J) of the
Act);
    Public notification (110(a)(2)(J) of the Act);
    Prevention of significant deterioration and visibility
protection (110(a)(2)(J) of the Act);
    Air quality modeling data (110(a)(2)(K) of the Act);
    Permitting fees (110(a)(2)(L) of the Act); and
    Consultation/participation by affected local entities
(110(a)(2)(M) of the Act).

    We are approving the portion of the Albuquerque/Bernalillo County
SIP revision submittal that addresses the requirement of section
110(a)(2)(D)(i)(II) of the Act that emissions from sources in
Albuquerque/Bernalillo County do not interfere with measures required
in the SIP of any other state under part C of the Act regarding PSD for
the 1997 and 2008 8-hour ozone and 1997 and 2006 PM2.5
NAAQS.
    We are approving Albuquerque/Bernalillo County PSD SIP provisions
to 20.11.61 NMAC submitted May 24, 2006 and August 16, 2010. These SIP
revisions address NOX as a precursor for ozone, consistent
with EPA's November 29, 2005 Phase 2 rule for the 1997 ozone NAAQS (70
FR 71612). These revisions also identify the precursors for
PM2.5 and significant emission rates necessary for
PM2.5 PSD permitting, consistent with EPA's 2008
PM2.5 NSR rule for the 1997 and 2006 PM2.5 NAAQS
(73 FR 28321, May 16, 2008). Additionally, the May 24, 2006 and August
16, 2010 submittals make numerous other changes necessary to maintain
consistency with the federal PSD permitting requirements. Specifically,
we are approving revisions to <IP_ADDRESS>, <IP_ADDRESS>, and <IP_ADDRESS>
NMAC submitted on May 24, 2006. We are also approving revisions to
<IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, and <IP_ADDRESS> NMAC submitted on August 16, 2010.
    We are also approving SIP revisions from November 6, 2009
pertaining to updating Part 8 Ambient Air Quality Standards (20.11.8
NMAC). EPA is approving these revisions pursuant to section 110 of the
CAA. These revisions improve the Albuquerque/Bernalillo County SIP and
update 20.11.8 NMAC to add new standards and revise existing NAAQS in
20.11.8 NMAC to be consistent with 40 CFR Part 50--National Primary and
Secondary Ambient Air Quality Standards.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 19, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 5, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart GG--New Mexico

0
2. Amend Sec.  52.1620 by:
0
a. Amending the second table in paragraph (c) entitled ``EPA-Approved
Albuquerque/Bernalillo County, NM Regulations'' as follows:
0
i. Revising the entry for Part 8 (20.11.8 NMAC) under the heading ``New
Mexico Administrative Code (NMAC) Title 20--Environment Protection,
Chapter 11--Albuquerque/Bernalillo County Air Quality Control Board'';
and
0
ii. Revising the entry for Part 61 (20.11.61 NMAC) under the heading
``New Mexico Administrative Code (NMAC) Title 20--Environment
Protection, Chapter 11--Albuquerque/Bernalillo County Air Quality
Control Board''.
0
b. Amending the second table in paragraph (e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' by adding a new entry for ``Infrastructure and Interstate
Transport for the 1997 and 2008 Ozone and the 1997 and 2006
PM2.5 NAAQS'' at the end of the table.
    The additions and revisions read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *
* * * * *

                           EPA-Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        State citation               Title/subject         approval/       EPA Approval date       Explanation
                                                        effective date
----------------------------------------------------------------------------------------------------------------
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Part 8 (20.11.8 NMAC).........  Ambient Air Quality          8/12/2009  8/19/2012, [Insert FR
                                 Standards.                              page number where
                                                                         document begins].

                                                  * * * * * * *
Part 61 (20.11.61 NMAC).......  Prevention of                1/10/2011  8/19/2012, [Insert FR
                                 Significant                             page number where
                                 Deterioration.                          document begins].

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

     (e) * * *
* * * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                    Applicable
                                  geographic or         State
     Name of SIP provision        nonattainment       submittal/      EPA approval date         Explanation
                                       area         effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure and Interstate   Bernalillo County       8/16/2010   8/19/2012, [Insert FR  Approval for
 Transport regarding                                                 page number where      110(a)(2)(A), (B),
 noninterference with other                                          document begins].      (C), (D)(i)(II),
 states' programs for PSD for                                                               (D)(ii), (E), (F),
 the 1997 and 2008 Ozone and                                                                (G), (H), (J), (K),
 the 1997 and 2006 PM2.5 NAAQS.                                                             (L), and (M).
----------------------------------------------------------------------------------------------------------------

0
3. Amend Sec.  52.1634 by revising paragraph (c) to read as follows:

Sec.  52.1634  Significant deterioration of air quality.

* * * * *
    (c) The plan submitted by the Governor in paragraph (a) of this
section for Prevention of Significant Deterioration is not applicable
to Bernalillo County. Therefore, the following plan described below is
applicable to sources located within the boundaries of Bernalillo
County (including the City of Albuquerque). This plan, submitted by the
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990,
May 17, 1993, May 24, 2006, August 16, 2010, and December 15, 2010 and
respectively adopted on March 8, 1989, July 12, 1989, April 11, 1990,
February 10, 1993, December 22, 2005, April 13, 2006, July 28, 2010,
and December 10, 2010, by the Albuquerque/Bernalillo County Air Quality
Control Board, containing Part 61--Prevention of Significant
Deterioration is approved as meeting the requirements of part C of the
Clean Air Act for the prevention of significant deterioration of air
quality.

[FR Doc. 2012-22975 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69732-69733]
[FR Doc No: 2011-28657]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0005; FRL-8890-9]

Pesticide Products; Receipt of Applications To Register New Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients, pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is
publishing this notice of such applications, pursuant to section
3(c)(4) of FIFRA.

DATES: Comments must be received on or before December 9, 2011.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number specified within the table below, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number
specified for the pesticide of interest as shown in the registration
application summaries. EPA's policy is that all comments received will
be included in the docket without change and may be made available on-
line at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or
email. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not 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 either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end
of each registration application summary and may be contacted by
telephone or email. The mailing address for each contact person listed
is: Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:

    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
If you are commenting on a docket that addresses multiple products,
please indicate to which registration number(s) your comment applies.
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications for New Uses

    EPA received applications as follows to register pesticide products
containing currently registered active ingredients pursuant to the
provisions of section 3(c) of FIFRA, and is publishing this Notice of
such applications pursuant to section 3(c)(4) of FIFRA. Notice of
receipt of these applications does not imply a decision by the Agency
on the applications.
    1. Registration Numbers: 100-1098, 100-1120, and 100-1220. Docket
Number: EPA-HQ-OPP-2011-0717. Company Name and Address: Syngenta Crop
Protection, P.O. Box 18300, Greensboro, NC 27419. Active Ingredient:
Azoxystrobin. Proposed Use: Sugarcane. Contact: Shaunta Hill, (703)
347-8961<EMAIL_ADDRESS>    2. Registration Number: 100-1324. Docket Number: EPA-HQ-OPP-2011-
0717. Company Name and Address: Syngenta Crop Protection, P.O. Box
18300, Greensboro, NC 27419. Active Ingredients: Azoxystrobin and
Propiconazole. Proposed Use: Sugarcane. Contact: Shaunta Hill, (703)
347-8961<EMAIL_ADDRESS>    3. Registration Number: 279-3149. Docket Number: EPA-HQ-OPP-2011-
0758. Company Name and Address: FMC Corporation, 1735 Market Street,
Philadelphia, PA 19103. Active Ingredient: Sulfentrazone. Proposed
Uses: For formulation into end-use herbicide products used on cowpea,
succulent (Tennessee only); crop subgroup 20B, sunflower; rhubarb;
spring wheat (Pacific Northwest only); and turnip. Contact: Bethany
Benbow,<PHONE_NUMBER><EMAIL_ADDRESS>    4. Registration Numbers: 279-3189 and 279-3220. Docket Number: EPA-
HQ-OPP-2011-0758. Company Name and Address: FMC Corporation, 1735
Market Street, Philadelphia, PA 19103. Active Ingredient:
Sulfentrazone. Proposed Uses: For use on cowpea, succulent (Tennessee
only); crop subgroup 20B, sunflower; rhubarb; spring wheat (Pacific
Northwest only) and turnip. Contact: Bethany Benbow,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    5. Registration Number: 279-3370. Docket Number: EPA-HQ-OPP-2011-
0758. Company Name and Address: FMC Corporation, 1735 Market Street,
Philadelphia, PA 19103. Active Ingredient: Sulfentrazone. Proposed
Uses: For use on crop subgroup 20B, sunflower; rhubarb; spring wheat
(Pacific Northwest only); and turnip. Contact: Bethany Benbow, (703)
347-8072<EMAIL_ADDRESS>    6. Registration Numbers: 55260-4, 55260-6 and 55260-11. Docket
Number: EPA-HQ-OPP-2011-0743. Company Name and Address: Agriphar S.A.
c/o Ceres Intenational, LLC., 1087 Heartsease Drive, West Chester, PA
19382. Active Ingredient: Dodine. Proposed Uses: Stone fruits and tree
nuts. Contact: Tamue L. Gibson,<PHONE_NUMBER><EMAIL_ADDRESS>    7. Registration Number: 59639-97. Docket Number: EPA-HQ-OPP-2011-
0593. Company Name and Address: Valent U.S.A. Corporation, 1600 Riviera
Ave., Suite 200, Walnut Creek, CA 94596. Active Ingredient:
Flumioxazin. Proposed Uses: For formulation into end-use herbicide
products used on crop subgroup 6C, dried shelled pea and bean (except
soybean); crop subgroup 20A, rapeseed; crop subgroup 20B, sunflower;
and wheat. Contact: Bethany Benbow,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    8. Registration Numbers: 59639-99 and 59639-119. Docket Number:
EPA-HQ-OPP-2011-0593. Company Name and Address: Valent U.S.A.
Corporation, 1600 Riviera Ave., Suite 200, Walnut Creek, CA 94596.
Active Ingredient: Flumioxazin. Proposed Use(s): For use on field peas;
flax; lentils; sunflower; safflower; and wheat. Contact: Bethany
Benbow,<PHONE_NUMBER><EMAIL_ADDRESS>    9. Registration Numbers: 68387-7 and 68387-8. Docket Number: EPA-
HQ-OPP-2011-0741. Company Name and Address: Cytec Industries Inc., 5
Garret Mountain Plaza, Woodland Park, NJ 07424. Active Ingredient:
Phosphine gas. Proposed Uses: For use on all fruits and vegetables
(RACs) in cold storage. Contact: Gene Benbow,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    10. Registration Number: 72500-11. Docket Number: EPA-HQ-OPP-2009-
0625. Company Name and Address: Scimetrics Ltd., Corporation, P.O. Box
1045, Wellington, CO 80549. Active Ingredients: Diphacinone and
Imidacloprid. Proposed Uses: For use on Wyoming ground squirrel
(Spermophilus elegans) in parks, golf courses, fruit tree orchards,
non-crop rights-of-way, and other non-crop areas. Contact: Dan Peacock,
(703) 305-5407<EMAIL_ADDRESS>
 List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: October 5, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-28657 Filed 11-8-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Notices]
[Page 73635]
[FR Doc No: 2023-23638]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0029]

Amtrak's Request To Amend Its Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that, on October
17, 2023, the National Railroad Passenger Corporation (Amtrak)
submitted a request for amendment (RFA) to its FRA-certified positive
train control (PTC) system. FRA is publishing this notice and inviting
public comment on the railroad's RFA to its PTC system.

DATES: FRA will consider comments received by November 15, 2023. FRA
may consider comments received after that date to the extent
practicable and without delaying implementation of valuable or
necessary modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0029. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/research-development/program-areas/train-control/ptc/railroads-ptc-dockets. All comments received will be posted without change to https://www.regulations.gov; this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making certain changes to an FRA-
certified PTC system or the associated FRA-approved PTC Safety Plan
(PTCSP), a host railroad must submit, and obtain FRA's approval of, an
RFA to its PTC system or PTCSP under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal or train control
system. Accordingly, this notice informs the public that, on October
17, 2023, Amtrak submitted an RFA to its PTCSP for its Interoperable
Electronic Train Management System (I-ETMS), which seeks FRA's approval
for an approximately two- hour but no greater that three-hour PTC
outage that is necessary to enable an upgrade to Amtrak's PTC Back
Office Subsystem. Amtrak's RFA states that to perform a necessary PTC
Back Office Subsystem upgrade to improve the reliability and stability
of the Amtrak's I-ETMS PTC system, Amtrak plans to temporarily disable
its Mixed System PTC Back Office Subsystem. The RFA is available in
Docket No. FRA-2010-0029. Interested parties are invited to comment on
Amtrak's RFA by submitting written comments or data. During FRA's
review of this railroad's RFA, FRA will consider any comments or data
submitted within the timeline specified in this notice and to the
extent practicable, without delaying implementation of valuable or
necessary modifications to a PTC system. See 49 CFR 236.1021; see also
49 CFR 236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority
to approve, approve with conditions, or deny a railroad's RFA at FRA's
sole discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-23638 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: May 4, 2007 (Volume 72, Number 86)]
[Notices]
[Page 25346-25348]
[DOCID:fr04my07-115]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27807; 812-13286]

Old Westbury Funds, Inc. and Bessemer Investment Management LLC;
Notice of Application

April 27, 2007.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
section 15(a) of the Act and rule 18f-2 under the Act, as well as from
certain disclosure requirements.

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Applicants: Old Westbury Funds, Inc. (the ``Corporation'') and Bessemer
Investment Management LLC (the ``Adviser'').

Filing Dates: The application was filed on April 24, 2006, and amended
on April 26, 2007.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on May 22, 2007, and should be accompanied by proof of service on
the applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities & Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, c/o Robert M.
Kurucza, Morrison & Foerster LLP, 2000 Pennsylvania Avenue, NW., Suite
5500, Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817 or Julia Kim Gilmer, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-0102 (telephone<PHONE_NUMBER>).

Applicants' Representations

    1. The Corporation, a Maryland corporation, is registered under the
Act as an open-end management investment company. The Corporation
currently is comprised of seven series (each a ``Fund'' and
collectively, the ``Funds''), each with separate investment

objectives, policies and restrictions.\1\ The Adviser is registered as
an investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'') and serves as investment adviser to each of the
Funds pursuant to an investment advisory agreement (``Advisory
Agreement'') with the Corporation. The Advisory Agreement has been
approved by the Corporation's board of directors (the ``Board''),
including a majority of the directors who are not ``interested
persons,'' as defined in section 2(a)(19) of the Act, of the
Corporation or the Adviser (``Independent Directors''), as well as by
the shareholders of each Fund.
---------------------------------------------------------------------------

    \1\ Applicants also request relief with respect to future series
of the Corporation and any other existing or future registered open-
end management investment company or series thereof that: (a) Is
advised by the Adviser, (b) uses the management structure described
in the application; and (c) complies with the terms and conditions
of the application (included in the term ``Funds''). The only
existing registered open-end management investment company that
currently intends to rely on the requested order is named as an
applicant. All references to the term ``Adviser'' include: (a) the
Adviser, and (b) any entity controlling, controlled by, or under
common control with the Adviser. If the name of any Fund contains
the name of a Subadviser (as defined below), the name of the Adviser
will precede the name of the Subadviser.
---------------------------------------------------------------------------

    2. Under the terms of the Advisory Agreement, the Adviser provides
investment advisory services to each Fund, supervises the investment
program for each Fund, and has the authority, subject to Board
approval, to enter into investment subadvisory agreements
(``Subadvisory Agreements'') with one or more subadvisers
(``Subadvisers''). Each Subadviser is registered under the Advisers
Act. The Adviser monitors and evaluates the Subadvisers and recommends
to the Board their hiring, retention or termination. Subadvisers
recommended to the Board by the Adviser are selected and approved by
the Board, including a majority of the Independent Directors. Each
Subadviser has discretionary authority to invest the assets or a
portion of the assets of a particular Fund. The Adviser compensates
each Subadviser out of the fees paid to the Adviser under the Advisory
Agreement.
    3. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any Subadviser that is an affiliated person, as
defined in section 2(a)(3) of the Act, of the Corporation or of the
Adviser, other than by reason of serving as a Subadviser to one or more
of the Funds (``Affiliated Sub-Adviser'').
    4. Applicants also request an exemption from the various disclosure
provisions described below that may require a Fund to disclose fees
paid by the Adviser to each Subadviser. An exemption is requested to
permit the Corporation to disclose for each Fund (as both a dollar
amount and as a percentage of each Fund's net assets): (a) The
aggregate fees paid to the Adviser and any Affiliated Subadvisers; and
(b) the aggregate fees paid to Subadvisers other than Affiliated
Subadvisers (collectively ``Aggregate Fee Disclosure''). For any Fund
that employs an Affiliated Subadviser, the Fund will provide separate
disclosure of any fees paid to the Affiliated Subadviser.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except under a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series company affected by a matter must approve such
matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 14(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the
Securities Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Form N-SAR is the semi-annual report filed with the Commission
by registered investment companies. Item 48 of Form N-SAR requires
investment companies to disclose the rate schedule for fees paid to
their investment advisers, including the Subadvisers.
    5. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that their requested relief meets this standard
for the reasons discussed below.
    7. Applicants assert that the shareholders are relying on the
Adviser's experience to select the Subadviser best suited to achieve a
Fund's investment objectives. Applicants assert that, from the
perspective of the investor, the role of the Subadvisers is comparable
to that of the individual portfolio managers employed by traditional
investment company advisory firms. Applicants state that requiring
shareholder approval of each Subadvisory Agreement would impose costs
and unnecessary delays on the Funds, and may preclude the Adviser from
acting promptly in a manner considered advisable by the Board.
Applicants note that the Advisory Agreement and any Subadvisory
Agreement with an Affiliated Subadviser will remain subject to section
15(a) of the Act and rule 18f-2 under the Act.
    8. Applicants assert that some Subadvisers use a ``posted'' rate
schedule to set their fees. Applicants state that while Subadvisers are
willing to negotiate fees that are lower than those posted on the
schedule, they are reluctant to do so where the fees are disclosed to
other prospective and existing customers. Applicants submit that the
requested relief will benefit Fund shareholders because it would
improve the Adviser's ability to negotiate the fees paid to the
Subadvisers.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Fund may rely on the order requested in the
application, the operation of the Fund in the manner described in the
application will be approved by a majority of the Fund's outstanding
voting securities, as defined

in the Act, or, in the case of a Fund whose public shareholders
purchased shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the sole initial shareholder
before offering the Fund's shares to the public.
    2. Each Fund will disclose in its prospectus the existence,
substance, and effect of any order granted pursuant to the application.
In addition, each Fund will hold itself out to the public as employing
the management structure described in the application. The prospectus
will prominently disclose that the Adviser has ultimate responsibility,
subject to oversight by the Board, to oversee Subadvisers and recommend
their hiring, termination, and replacement.
    3. Within 90 days of the hiring of a new Subadviser, the affected
Fund shareholders will be furnished all the information about the new
Subadviser that would be included in a proxy statement, except as
modified to permit Aggregate Fee Disclosure. This information will
include Aggregate Fee Disclosure and any change in such disclosure
caused by the addition of the new Subadviser. To meet this obligation,
the Fund will provide shareholders within 90 days of the hiring of a
new Subadviser with an information statement meeting the requirements
of Regulation 14C, Schedule 14C, and Item 22 of Schedule 14A under the
1934 Act, except as modified by the order to permit Aggregate Fee
Disclosure.
    4. The Adviser will not enter into a Subadvisory Agreement with any
Affiliated Subadviser without that agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Fund.
    5. At all times, at least a majority of the Board will be
Independent Directors, and the nomination of new or additional
Independent Directors will be placed within the discretion of the then-
existing Independent Directors.
    6. When a Subadviser change is proposed for a Fund with an
Affiliated Subadviser, the Board, including a majority of the
Independent Directors, will make a separate finding, reflected in the
Board minutes, that the change is in the best interests of the Fund and
its shareholders and does not involve a conflict of interest from which
the Adviser or the Affiliated Subadviser derives an inappropriate
advantage.
    7. The Adviser will provide general management services to each
Fund, including overall supervisory responsibility for the general
management and investment of the Fund's assets, and, subject to review
and approval of the Board, will: (a) Set each Fund's overall investment
strategies, (b) evaluate, select and recommend Subadvisers to manage
all or a part of a Fund's assets, (c) allocate and, when appropriate,
reallocate a Fund's assets among multiple Subadvisers; (d) monitor and
evaluate the performance of the Subadvisers, and (e) implement
procedures reasonably designed to ensure that the Subadvisers comply
with each relevant Fund's investment objective, policies and
restrictions.
    8. No director or officer of the Funds or the Adviser, will own
directly or indirectly (other than through a pooled investment vehicle
that is not controlled by such person), any interest in a Subadviser,
except for: (a) ownership of interests in the Adviser or any entity
that controls, is controlled by, or is under common control with the
Adviser, or (b) ownership of less than 1% of the outstanding securities
of any class of equity or debt of a publicly traded company that is
either a Subadviser or an entity that controls, is controlled by, or is
under common control with a Subadviser.
    9. The Adviser will provide the Board, no less frequently than
quarterly, with information about the Adviser's profitability on a per-
Fund basis. Such information will reflect the impact on the
profitability of the hiring or termination of any Subadviser during the
applicable quarter.
    10. Each Fund will disclose in its registration statement the
Aggregate Fee Disclosure.
    11. The requested order will expire on the effective date of rule
15a-5 under the Act, if adopted.
    12. Whenever a Subadviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
Adviser's profitability.
    13. Independent legal counsel, as defined in rule 0-1(a)(6) under
the 1940 Act, will be engaged to represent the Independent Directors.
The selection of such counsel will be within the discretion of the then
existing Independent Directors.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8506 Filed 5-3-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31162-31163]
[FR Doc No: 2014-12520]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72240; File No. SR-OC-2014-01]

Self-Regulatory Organizations; OneChicago, LLC; Notice of Filing
of Proposed Rule Change to Suspend Competitive Trading of EFPs

May 23, 2014.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(the ``Act''),\1\ notice is hereby given that on May 23, 2014,
OneChicago, LLC (``OneChicago,'' ``OCX,'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule changes described in Items I, II, and III below,
which Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule changes from interested persons. OneChicago has also
filed this proposed rule change with the Commodity Futures Trading
Commission (``CFTC''). OneChicago filed a written certification with
the CFTC under Section 5c(c) of the Commodity Exchange Act (``CEA'')
\2\ on May 13, 2014.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    OneChicago is proposing to file with the SEC Notice to Members
(``NTM'') 2014-5. NTM 2014-5 suspends the trading of competitive
Exchange of Future for Physical (``EFP'') transactions. After the close
of trading on May 12, 2014, market participants may no longer execute
transactions in competitive EFPs on the OCX.BETS central limit order
book. Market participants may, however, continue to transact privately-
negotiated, off-exchange EFPs and report the futures portion of such
trades through the Exchange's block and EFP system called OCX.BETS in
accordance with OCX Rule 416.
    The rule change is attached as Exhibit 4 to the filing submitted by
the Exchange but is not attached to the published notice of the filing.

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

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

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

1. Purpose
    The purpose of OneChicago's filing is to suspend, until further
notice, competitive trading of EFPs on the OneChicago System.
OneChicago is taking this action due to concerns expressed by the SEC
Division of Trading and Markets with respect to OneChicago's offering
of competitive EFP transactions.
2. Statutory Basis
    OneChicago believes that the proposed rule change is consistent
with Section 6(b) of the Act,\3\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\4\ in particular, in that it
is designed to foster cooperation and coordination with persons engaged
in facilitating transactions in securities, and remove impediments to
and perfect the mechanism of a free and open market and national market
system. OneChicago believes that suspending transactions with uncertain
regulatory requirements will allow market participants to execute only
those types of transactions that are certain to comply with the Act and
the CEA.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

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

    OneChicago does not believe that the rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. The Exchange believes that the proposed rule
change is equitable and not unfairly discriminatory because it applies
to all market participants equally.

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

    Comments on the OneChicago proposed rule change have not been
solicited and none have been received.

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

    The proposed rule change became effective on May 12, 2014.
    At any time within 60 days of the date of effectiveness of the
proposed rule change, the Commission, after consultation with the CFTC,
may summarily abrogate the proposed rule change and require that the
proposed rule change be refiled in accordance with the provisions of
Section 19(b)(1) of the Act.\5\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

 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-OC-2014-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OC-2014-01. 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-OC-2014-01, and should be submitted on or before June 20, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12520 Filed 5-29-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80425-80428]
[FR Doc No: 2015-32387]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76691; File No. SR-MIAX-2015-71]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Establish the Securities Trader and Securities
Trader Principal Registration Categories and To Establish the Series 57
Examination as the Appropriate Qualification Examination for Securities
Traders

December 18, 2015.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 8, 2015, Miami International
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, of which Items I and
II were prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend MIAX Rule 203, Qualification and
Registration of Members and Associated Persons, MIAX Rule 1302,
Registration of Representatives, and MIAX Rule 1304, Continuing
Education for Registered Persons, to establish the Securities Trader
and Securities Trader Principal registration categories, to establish
the Series 57 examination as the appropriate qualification examination
for Securities Traders replacing the Series 56 examination, and to
establish S101 as the appropriate continuing education program for
Securities Traders replacing the S501, from and after January 4, 2016.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its rules to establish the
Securities Trader and Securities Trader Principal registration
categories, to establish the Series 57 examination as the appropriate
qualification examination for Securities Traders and retire the Series
56 examination for Proprietary Traders, and to establish S101 as the
appropriate continuing education program for Securities Traders and
retire the S501 continuing education program for Proprietary Traders,
from and after January 4, 2016. The Exchange also proposes to amend its
rules to provide for Web-based delivery of the continuing education
regulatory element for registered persons. This filing is, in all
material respects, based upon SR-FINRA-2015-017 and SR-FINRA-2015-015,
which were recently approved by the Commission.\3\
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    \3\ See Securities Exchange Release No. 75783 (August 28, 2015),
80 FR 53369 (September 3, 2015) (approving SR-FINRA-2015-017) and
Securities Exchange Act Release No. 75581 (July 31, 2015), 80 FR
47018 (August 6, 2015) (approving SR-FINRA-2015-015) collectively
referred herein as the ``FINRA Amendments''. According to the
approval orders, the Financial Industry Regulatory Authority's
(``FINRA'') expected effective date for the FINRA Amendments is
January 4, 2016.
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    The Exchange proposes to amend MIAX Rule 203, Qualification and
Registration of Members and Associated Persons, to add the registration
categories of Securities Trader and Securities Trader Principal. The
Exchange also proposes to amend MIAX Rule 1302, Registration of
Representatives, to replace the Proprietary Traders qualification
examination (Series 56) with the Securities Trader qualification
examination (Series 57) and to amend MIAX Rule 1304, Continuing
Education for Registered Persons, to specify the S101 Regulatory
Element Continuing Education Program as the Continuing Education
(``CE'') requirement for Securities Traders replacing the S501. The
Exchange further proposes to amend Rule 1304 to provide for Web-based
delivery of the CE Regulatory Element set forth in that rule and to
amend MIAX Rule 203 to make other minor non-substantive revisions.
Securities Trader Registration Category
    Under the Exchange's registration rules relating to securities
trading activity, Members that are individuals and associated persons
of Members must register with the Exchange in an appropriate category
of registration.\4\ Such persons must register with the Exchange
through the Central Registration Depository system operated

by FINRA (the ``Web CRD'') under MIAX in the category of registration
appropriate to the function to be performed.\5\ Currently, under MIAX
Rule 1302(e), a person engaged solely in proprietary trading on the
Exchange is required to register with the Exchange and be qualified by
passing the Proprietary Traders qualification examination (Series 56),
however, MIAX Rule 1302(e) also allows a person engaged in proprietary
trading on the Exchange to pass the General Securities Registered
Representative Examination (Series 7) and maintain a Series 7
registration without being required to pass the Proprietary Traders
qualification examination (Series 56).
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    \4\ Members that are individuals and associated persons of
Members engaged or to be engaged in the securities business of a
Member shall be registered with the Exchange in the category of
registration appropriate to the function to be performed in a form
and manner prescribed by the Exchange. Before the registration can
become effective, the individual Member or individual associated
person shall submit the appropriate application for registration,
pass a qualification examination appropriate to the category of
registration in a form and manner prescribed by the Exchange and
submit any required registration and examination fees. See Exchange
Rule 203(a).
    \5\ See Exchange Rule 203, Interpretation and Policy .01.
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    In consultation with FINRA and other exchanges, the Exchange
proposes to establish a new Securities Trader registration category by
adopting a new Rule 203(d) applicable to persons engaged solely in
proprietary trading on the Exchange. Such persons would be required to
register with the Exchange as Securities Traders and be qualified by
passing the new Securities Trader qualification examination (Series 57)
being implemented by FINRA. Specifically, Rule 203(d)(1) would require
Members that are individuals and associated persons of Members to
register with the Exchange as a Securities Trader if, with respect to
transactions in equity, preferred or convertible debt securities, or
foreign currency options on the Exchange, such person is engaged in
proprietary trading, the execution of transactions on an agency basis,
or the direct supervision of such activities (other than any person
associated with a Member whose trading activities are conducted
principally on behalf of an investment company that is registered with
the Commission pursuant to the Investment Company Act of 1940 and that
controls, is controlled by or is under common control, with the
Member). Subparagraph (d)(2) would require an applicant to become
qualified as a Securities Trader under Rule 1302(e) as proposed to be
amended before registering in the new Securities Trader category.
Subparagraph (d)(3) would also provide that a person registered as a
Securities Trader would not be qualified to function in any other
registration category, unless he or she is also separately qualified
and registered in such other registration category.
    Rule 1302(e) as proposed to be amended would require that a person
engaged solely in proprietary trading on the Exchange pass the new
Series 57 qualification examination for Securities Traders being
implemented by FINRA. Rule 1302(e) would also allow a person engaged in
proprietary trading on the Exchange to be grandfathered as a Securities
Trader without having to take the Securities Trader qualification
examination (Series 57), if such person has passed the General
Securities Registered Representative Examination (Series 7) and
maintains a Series 7 registration or has passed the Proprietary Traders
qualification examination (Series 56) and maintains a Proprietary
Trader registration as of January 4, 2016, provided that no more than
two years have passed between the date that the person last registered
as a Proprietary Trader and the date such person registers as a
Securities Trader in the Web CRD. Following January 4, 2016, all new
candidates for Securities Trader registration must pass the Series 57
examination. They will not be permitted to pass the Series 7 in order
to register as Securities Traders. The Series 7 requirement will
continue to apply to candidates for General Securities Representative
registration, but will not qualify candidates to register as Securities
Traders.
    A person registered as a Proprietary Trader in Web CRD system on
January 4, 2016 will be grandfathered as a Securities Trader without
having to take any additional examinations and without having to take
any other actions. In addition, individuals who were registered as a
Proprietary Trader in the Web CRD system prior to January 4, 2016 will
be eligible to register as Securities Traders without having to take
any additional examinations, provided that no more than two years have
passed between the date they were last registered as a Proprietary
Trader and the date they register as a Securities Trader.
    Persons registered in the new Securities Trader category would be
subject to the continuing education requirements of Rule 1304. The S501
Proprietary Trader CE Program is currently specified as the CE
Regulatory Element applicable for registrants registered as Proprietary
Traders by passing the Series 56 qualification examination. The S101
Regulatory Element CE Program is the CE Regulatory Element that applies
to persons with a Series 7 registration, including those registered as
Proprietary Traders by passing the Series 7 qualification examination.
MIAX Rule 1304(a) as proposed to be amended would specify the S101
Regulatory Element CE Program as the appropriate CE Regulatory Element
applicable to Securities Traders. The rule would leave in place the
Proprietary Trader CE Program through January 4, 2016, the phase out
date for the registration category of Proprietary Trader. From and
after January 4, 2016, the S101 would become the appropriate CE
Regulatory Element applicable to individuals maintaining a Series 7 or
a Series 57. The S101 CE Regulatory Element content is being updated by
FINRA to provide for a more comprehensive, complete and customized CE
approach covering key aspects of a particular registered person's
registration.
Securities Trader Principal Registration Category
    In consultation with FINRA and other exchanges, the Exchange
further proposes to establish a new Securities Trader Principal
registration category by adopting a new Rule 203(c) applicable to
persons responsible for the supervision of persons engaged in
proprietary trading on the Exchange. Persons responsible for the
supervision of persons engaged in proprietary trading on the Exchange
would be required to register with the Exchange as Securities Trader
Principals. The proposed rule change should allow MIAX to more easily
track principals with supervisory responsibility over specific
securities trading activities. Securities Trader Principals would be
required to qualify by first registering as a Securities Trader under
Rule 1302(e), and passing the new Securities Trader qualification
examination (Series 57) being implemented by FINRA as well as passing
the General Securities Principal qualification examination (Series 24).
Specifically, Rule 203(c)(1) would require Members that are individuals
and associated persons of Members within the definition of Options
Principal in Rule 100 and who will have supervisory responsibility over
the securities trading activities described in Rule 203(d) (i.e., the
activities engaged in by Securities Traders) to become qualified and
registered as a Securities Trader Principal. To qualify for
registration as a Securities Trader Principal, such person shall become
qualified and registered as a Securities Trader under Rule 1302(e) and
pass the General Securities Principal qualification examination (Series
24).
    A person who is qualified and registered as a Securities Trader
Principal under the proposed rule would only have supervisory
responsibility over the securities trading activities specified in Rule
203(d), unless such person were separately qualified and registered in
another appropriate principal registration

category, such as the General Securities Principal registration
category. Subparagraph (c)(2) would make clear that a registered
General Securities Principal would not be qualified to supervise the
securities trading activities described in Rule 203(d), unless such
person also qualified and registered as a Securities Trader under Rule
1302(e) by passing the Securities Trader qualification examination and
registering as a Securities Trader Principal.
    A person registered as a Proprietary Trader Principal in the Web
CRD system on January 4, 2016 will be eligible to register as a
Securities Trader Principal without having to take any additional
examinations. An individual who was registered as a Proprietary Trader
Principal in the Web CRD system prior to the effective date of the
proposed rule change will also be eligible to register as a Securities
Trader Principal without having to take any additional examinations,
provided that no more than two years have passed between the date they
were last registered as an Options Principal and the date they register
as a Securities Trader Principal. Members, however, will be required to
affirmatively register persons transitioning to the proposed
registration category as Securities Trader Principals on or after
January 4, 2016.
Delivery of the Regulatory Element
    In consultation with FINRA and other exchanges, the Exchange
further proposes to provide for Web-based delivery of the CE Regulatory
for registered persons. As proposed to be amended, MIAX Rule 1304 would
specify in a new subparagraph (a)(4) that the CE Regulatory Element set
forth in the rule will be administered through Web-based delivery or
such other technological manner and format as specified by the Exchange
from and after January 4, 2016. Most registered persons currently
complete the Regulatory Element in a test center and the remainder do
so in-firm. Given the advances in Web-based technology, the Exchange
believes that there is diminishing utility in the test center and in-
firm CE delivery methods. The Exchange notes that the Web-based format
will include safeguards to authenticate the identity of the CE
candidate. Moreover, according to FINRA, registered persons have raised
concerns with the current test center delivery method because of the
travel involved, the limited time currently available to complete a
Regulatory Element session and the use of rigorous security measures at
test centers, which are appropriate for taking qualification
examinations, but onerous for a CE program.\6\ Also, according to
FINRA, the test center is expensive to operate.\7\
---------------------------------------------------------------------------

    \6\ See supra note 3.
    \7\ Id.
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Other Clarifying Changes
    In addition to the changes set forth above, the Exchange proposes
to make the following non-substantive clarifying changes to Rule 203:
(i) Re-letter the paragraphs following new Rules 203(c) and (d), (ii)
remove the word ``Exam'' in the parenthetical in subparagraph (e) for
consistency with other references to examinations in MIAX's rulebook,
(iii) add a colon at the end of the subparagraph (f), and (iv) correct
the reference to the Securities Exchange Act of 1934, as the ``Act'' to
the defined term of ``Exchange Act'' in subparagraph (f)(1). These
clarifying changes would make the rule more concise, clear and
understandable, and eliminate the potential for confusion.
    Within 30 days of filing the proposed rule change, the Exchange
will issue a Regulatory Circular announcing the operative date of the
rule change, which will not be sooner than January 4, 2016.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \8\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \9\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange further believes its proposed rule change is
consistent with Section 6(c) of the Act \10\ in general, and in
particular, furthers the objectives of Section 6(c)(3) of the Act,\11\
which authorizes the Exchange to prescribe standards of training,
experience and competence for Members and persons associated with the
Members. The Exchange believes that the requirements of the Securities
Trader and Securities Trader Principal registration categories, the new
Securities Trader qualification examination and continuing education
requirement, as well as Web-based delivery of the continuing education
requirement, should help ensure that proprietary traders and the
principals who supervise proprietary traders and proprietary trading
are, and will continue to be, properly trained and qualified to perform
their functions which should protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(c).
    \11\ 15 U.S.C. 78f(c)(3).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Implementation of the
proposed changes to MIAX registration rules in coordination with the
FINRA Amendments does not present any competitive issues, but rather is
designed to provide less burdensome and more efficient regulatory
compliance for Members and enhance the ability of the Exchange to
fairly and efficiently regulate Members, which will further enhance
competition. Additionally, the proposed rule change should not affect
intra-market competition because all similarly situated representatives
and principals will be required to complete the same qualification
examinations and maintain the same registrations. Finally, the proposed
rule change does not impose any additional examination burdens on
persons who are already registered. There is no obligation to take the
proposed new Series 57 examination in order to continue in their
present duties, so the proposed rule change is not expected to
disadvantage current registered persons relative to new entrants in
this regard.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A)

of the Act \12\ and Rule 19b-4(f)(6) \13\ thereunder. The Exchange has
requested that the Commission waive the thirty-day operative delay so
that the proposal may become operative as of January 4, 2016. The
Exchange states that waiving the thirty-day delay would enable it to
implement the Securities Trader and Securities Trader Principal
registration categories, and their respective examination and
continuing education requirements, at the same time as FINRA and the
other national securities exchanges. The Commission believes that
waiving the thirty day delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the thirty-day operative delay and designates the proposal
operative as of January 4, 2016.\14\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
    \14\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR- MIAX-2015-71 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-MIAX-2015-71. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at 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-MIAX-2015-71 and should be
submitted on or before January 14, 2016.

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

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32387 Filed 12-23-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36913-36914]
[FR Doc No: 2019-16120]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[OR19-26-000]

American Aviation Supply LLC, Delta Air Lines, Inc., JetBlue
Airways Corporation, United Airlines, Inc. v. Buckeye Pipe Line
Company, L.P.; Notice of Complaint

    Take notice that July 22, 2019, pursuant to sections 1(5), 6, 8, 9,
13, 15 and 16 of the Interstate Commerce Act,\1\ section 1803 of the
Energy Policy Act of 1992 (EPAct),\2\ Rule 206 of the Rules of Practice
and Procedures of the Federal Energy Regulatory Commission
(Commission),\3\ and Rules 343.1(a) 343.2(c) of the Commission's
Procedural Rules Applicable to Oil Pipeline Proceedings,\4\ American
Aviation Supply LLC, Delta Air Lines, Inc., JetBlue Airways
Corporation, and United Airlines, Inc. (collectively, Joint
Complainants) filed an amended joint complaint modifying and
supplementing the original complaint filed on June 5, 2019 against
Buckeye Pipe Line Company, L.P. (Buckeye or Respondent), challenging
the lawfulness of the rates charged by Buckeye for transportation of
jet and/or aviation turbine fuel from Linden, New Jersey to the New
York City market, specifically Newark International Airport, New
Jersey, J.F. Kennedy International Airport, New York and LaGuardia
Airport, New York, all as more fully explained in the complaint.
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    \1\ 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and 16.
    \2\ Public Law 102-486, 106 Stat. 2772 (1992).
    \3\ 18 CFR 385.206 (2018).
    \4\ 18 CFR 343.1(a) and 343.2(c) (2018).
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    The Complainant certifies that copies of the complaint were served
on the contacts listed for Respondent on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of

the Commission's Rules of Practice and Procedure (18 CFR 385.211,
385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. The Respondent's answer and all interventions, or protests
must be filed on or before the comment date. The Respondent's answer,
motions to intervene, and protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 21, 2019.

    Dated: July 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16120 Filed 7-29-19; 8:45 am]
 BILLING CODE 6717-01-P