[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Proposed Rules]
[Pages 7040-7041]
[FR Doc No: 2016-02549]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2016-1288; Airspace Docket No. 15-ASW-23

Proposed Establishment of Class E Airspace; Ketchum, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Ketchum,
OK. Controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures developed at South Grand Lake Regional
Airport, for the safety and management of Instrument Flight Rules (IFR)
operations at the airport.

DATES: Comments must be received on or before March 28, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2016-
1288; Docket No.15-ASW-23, at the beginning of your comments. You may
also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 29591; telephone: 202-267-
8783. The order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace at South Grand Lake Regional
Airport, Ketchum, OK.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in

developing reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2016-1288/
Airspace Docket No. 15-ASW-23.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Central Service Center, Operation Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by establishing Class E airspace extending upward
from 700 feet above the surface within an 6-mile radius of South Grand
Lake Regional Airport, Ketchum, OK, to accommodate new standard
instrument approach procedures. Controlled airspace is needed for the
safety and management of IFR operations at the airport.
    Class E airspace areas are published in Section 6005 of FAA Order
7400.9Z, dated August 6, 2015, and effective September 15, 2015, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

     Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Section 6005 Class E Airspace Areas Extending Upward From 700 feet
or More Above the Surface of the Earth.

* * * * *

ASW OK E5 Ketchum, OK [New]

South Grand Lake Regional Airport, OK
    (Lat. 36[deg]32'47'' N., long. 095[deg]00'49'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of South Grand Lake Regional Airport.

    Issued in Fort Worth, TX, on January 27, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-02549 Filed 2-9-16; 8:45 am]
 BILLING CODE 4910-13-P


complies with the requirements of: MiFID articles 16 and 23; WpHG
sections 63, 80, 83 and 84; MiFID Org Reg articles 21-37, 72-76 and
Annex IV; CRD articles 74, 76 and 79-87, 88(1), 91(1)-(2), 91(7)-(9)
and 92, 94 and 95; and KWG sections 25a, 25b, 25c (other than
25c(2)), 25d (other than 25d(3) and 25d(11)), 25e and 25f; CRR
articles 286-88 and 293; and EMIR Margin RTS article 2.
    (2) Trade acknowledgement and verification. The requirements of
Exchange Act rule 15Fi-2, provided that the Covered Entity is
subject to and complies with the requirements of EMIR article
11(1)(a) and EMIR RTS article 12.
    (3) Portfolio reconciliation and dispute reporting. The
requirements of Exchange Act rule 15Fi-3, provided that:
    (i) The Covered Entity is subject to and complies with the
requirements of EMIR article 11(1)(b) and EMIR RTS articles 13 and
15; and
    (ii) The Covered Entity provides the Commission with reports
regarding disputes between counterparties on the same basis as it
provides those reports to competent authorities pursuant to EMIR RTS
article 15(2).
    (4) Portfolio compression. The requirements of Exchange Act rule
15Fi-4, provided that the Covered Entity is subject to and complies
with the requirements of EMIR RTS article 14.
    (5) Trading relationship documentation. The requirements of
Exchange Act rule 15Fi-5, other than paragraph (b)(5) to that rule
when the counterparty is a U.S. person, provided that the Covered
Entity is subject to and complies with the requirements of EMIR
article 11(1)(a), EMIR RTS article 12, and EMIR Margin RTS article
2.

(c) Substituted Compliance in Connection With Capital and Margin

    (1) Capital. The requirements of Exchange Act section 15F(e) and
Exchange Act rules 18a-1, and 18a-1a through d, provided that:
    (i) The Covered Entity is subject to and complies with: CRR,
Part One (General Provisions) Article 6(1), Part Two (Own Funds),
Part Three (Capital Requirements), Part Four (Large Exposures), Part
Five (Exposures to Transferred Credit Risk), Part Six (Liquidity),
and Part Seven (Leverage); MiFID Org Reg article 23; BRRD, articles
45(6) and 81(1); CRD, articles 73, 79, 86, 129, 129(1), 130, 130(1),
130(5), 131, 133, 133(1), 133(4), 141, 142(1) and (2); EMIR Margin
RTS, articles 2, 3(b), 7, and 19(1)(d) and (e), (3) and (8); KWG,
sections 10b-10h, 10i(2)-(9), 25a(1) sentence 3 no. 2 and no. 3 b),
33(1) sentence 1c); SAG, section 49(2), 49d, 62(1), 138(1); and
SolvV, section 37;
    (ii) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rules 18a-5(a)(9), 18a-6(b)(1)(x), and
18a-8(a)(1)(i), (a)(1)(ii), (b)(1), (b)(2), and (b)(4) pursuant to
this Order; and
    (iii)(A) The Covered Entity:
    (1) Maintains liquid assets as defined in paragraph
(c)(1)(iii)(B) that have an aggregate market value that exceeds the
amount of the Covered Entity's total liabilities by at least $100
million before applying the deduction specified in paragraph
(c)(1)(iii)(C) and by at least $20 million after applying the
deduction specified in paragraph (c)(1)(iii)(C);
    (2) Makes and preserves for three years a quarterly record that:
    (a) Identifies and values the liquid assets maintained pursuant
to paragraph (c)(1)(iii)(A)(1);
    (b) Compares the amount of the aggregate value the liquid assets
maintained pursuant to paragraph (c)(1)(iii)(A)(1) to the amount of
the Covered Entity's total liabilities and

shows the amount of the difference between the two amounts (``the
excess liquid assets amount''); and
    (c) Shows the amount of the deduction specified in paragraph
(c)(1)(iii)(C) and the amount that deduction reduces the excess
liquid assets amount;
    (3) The Covered Entity notifies the Commission in writing within
24 hours in the manner specified on the Commission's website if the
Covered Entity fails to meet the requirements of paragraph
(c)(iii)(A)(1) and includes in the notice the contact information of
an individual who can provide further information about the failure
to meet the requirements; and
    (4) Includes its most recent statement of financial condition
filed with its local supervisor (whether audited or unaudited) with
its initial written notice to the Commission of its intent to rely
on substituted compliance under condition (a)(9) above.
    (B) For the purposes of paragraph (c)(1)(iii)(A)(1), liquid
assets are:
    (1) Cash and cash equivalents;
    (2) Collateralized agreements;
    (3) Customer and other trading related receivables;
    (4) Trading and financial assets; and
    (5) Initial margin posted by the Covered Entity to a
counterparty or a third-party custodian, provided:
    (a) The initial margin requirement is funded by a fully executed
written loan agreement with an affiliate of the Covered Entity;
    (b) The loan agreement provides that the lender waives re-
payment of the loan until the initial margin is returned to the
Covered Entity; and
    (c) The liability of the Covered Entity to the lender can be
fully satisfied by delivering the collateral serving as initial
margin to the lender.
    (C) The deduction required by paragraph (c)(1)(iii)(A) is the
amount of the Covered Entity's risk-weighted assets calculated for
the purposes of the capital requirements identified in paragraph
(c)(1)(i) divided by 12.5.
    (2) Margin. The requirements of Exchange Act section 15F(e) and
Exchange Act rule 18a-3, provided that:
    (i) The Covered Entity is subject to and complies with the
requirements of: EMIR article 11; EMIR Margin RTS; CRR articles 103,
105(3); 105(10); 111(2), 224, 285, 286, 286(7), 290, 295, 296(2)(b),
297(1), 297(3), and 298(1); MiFID Org Reg article 23(1); CRD
articles 74 and 79(b); and KWG section 25a(1);
    (ii) The Covered Entity collects variation margin, as defined in
EMIR Margin RTS, from a counterparty with respect to transactions in
non-cleared security-based swaps, unless the counterparty would
qualify for an exception from the collateral collection requirements
under paragraph (c)(1)(iii) or (c)(2)(iii) of Exchange Act 18a-3;
    (iii) The Covered Entity collects initial margin, as defined in
the EMIR Margin RTS, from a counterparty with respect to
transactions in non-cleared security-based swaps, unless the
counterparty would qualify for an exception from the collateral
collection requirements under paragraph (c)(1)(iii) of Exchange Act
rule 18a-3; and
    (iv) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-5(a)(12) pursuant to this
Order.

(d) Substituted Compliance in Connection With Internal Supervision
and Compliance Requirements and Certain Exchange Act Section 15F(j)
Requirements

    This Order extends to the following provisions related to
internal supervision and compliance and Exchange Act section 15F(j)
requirements:
    (1) Internal supervision. The requirements of Exchange Act rule
15Fh-3(h) and Exchange Act sections 15F(j)(4)(A) and (j)(5),
provided that:
    (i) The Covered Entity is subject to and complies with the
requirements identified in paragraph (d)(3) of this Order;
    (ii) The Covered Entity complies with paragraph (d)(4) of this
Order; and
    (iii) This paragraph (d) does not extend to the requirements of
paragraph (h)(2)(iii)(I) to rule 15Fh-3 to the extent those
requirements pertain to compliance with Exchange Act sections
15F(j)(2), (j)(3), (j)(4)(B) and (j)(6), or to the general and
supporting provisions of paragraph (h) to rule 15Fh-3 in connection
with those Exchange Act sections.
    (2) Chief compliance officers. The requirements of Exchange Act
section 15F(k) and Exchange Act rule 15Fk-1, provided that:
    (i) The Covered Entity is subject to and complies with the
requirements identified in paragraph (d)(3) of this Order;
    (ii) All reports required pursuant to MiFID Org Reg article
22(2)(c) must also:
    (A) Be provided to the Commission at least annually, and in the
English language;
    (B) Include a certification signed by the chief compliance
officer or senior officer (as defined in Exchange Act rule 15Fk-
1(e)(2)) of the Covered Entity that, to the best of the certifier's
knowledge and reasonable belief and under penalty of law, the report
is accurate and complete in all material respects;
    (C) Address the Covered Entity's compliance with:
    (i) Applicable requirements under the Exchange Act; and
    (ii) The other applicable conditions of this Order in connection
with requirements for which the Covered Entity is relying on this
Order;
    (D) Be provided to the Commission no later than 15 days
following the earlier of:
    (i) The submission of the report to the Covered Entity's
management body; or
    (ii) The time the report is required to be submitted to the
management body; and
    (E) Together cover the entire period that the Covered Entity's
annual compliance report referenced in Exchange Act section
15F(k)(3) and Exchange Act rule 15Fk-1(c) would be required to
cover.
    (3) Applicable supervisory and compliance requirements.
Paragraphs (d)(1) and (d)(2) are conditioned on the Covered Entity
being subject to and complying with the following requirements:
MiFID articles 16 and 23; WpHG sections 63, 80, 83 and 84; MiFID Org
Reg articles 21-37, 72-76 and Annex IV; CRD articles 74, 76, 79-87,
88(1), 91(1)-(2), 91(7)-(9) and 92, 94 and 95; and KWG sections 25a,
25b, 25c (other than 25c(2)), 25d (other than 25d(3) and 25d(11)),
25e and 25f, and CRR articles 286-88 and 293; and EMIR Margin RTS
article 2.
    (4) Additional condition to paragraph (d)(1). Paragraph (d)(1)
further is conditioned on the requirement that the Covered Entity
complies with the provisions specified in paragraph (d)(3) as if
those provisions also require compliance with:
    (i) Applicable requirements under the Exchange Act; and
    (ii) The other applicable conditions of this Order in connection
with requirements for which the Covered Entity is relying on this
Order.

(e) Substituted Compliance in Connection With Counterparty
Protection Requirements

    This Order extends to the following provisions related to
counterparty protection:
    (1) Disclosure of information regarding material risks and
characteristics. The requirements of Exchange Act rule 15Fh-3(b)
relating to disclosure of material risks and characteristics of one
or more security-based swaps subject thereto, provided that the
Covered Entity, in relation to that security-based swap, is subject
to and complies with the requirements of MiFID article 24(4), WpHG
sections 63(7) and 64(1) and MiFID Org Reg articles 48-50.
    (2) Disclosure of information regarding material incentives or
conflicts of interest. The requirements of Exchange Act rule 15Fh-
3(b) relating to disclosure of material incentives or conflicts of
interest that a Covered Entity may have in connection with one or
more security-based swaps subject thereto, provided that the Covered
Entity, in relation to that security-based swap, is subject to and
complies with the requirements of either:
    (i) MiFID article 23(2)-(3); WpHG section 63(2); and MiFID Org
Reg articles 33-35;
    (ii) MiFID article 24(9); WpHG section 70; and MiFID Delegated
Directive article 11(5); or
    (iii) MAR article 20(1) and MAR Investment Recommendations
Regulation articles 5 and 6.
    (3) ``Know your counterparty.'' The requirements of Exchange Act
rule 15Fh-3(e), as applied to one or more security-based swap
counterparties subject thereto, provided that the Covered Entity, in
relation to the relevant security-based swap counterparty, is
subject to and complies with the requirements of MiFID article
16(2); WpHG section 80(1); MiFID Org Reg articles 21-22, 25-26 and
applicable parts of Annex I; CRD articles 74(1) and 85(1); KWG
section 25a; MLD articles 11 and 13; GwG sections 10-11; MLD
articles 8(3) and 8(4)(a) as applied to internal policies, controls
and procedures regarding recordkeeping of customer due diligence
activities; and GwG section 6(1)-(2) as applied to vigilance
measures regarding recordkeeping of customer due diligence
activities.
    (4) Suitability. The requirements of Exchange Act rule 15Fh-
3(f), as applied to one or more recommendations of a security-based
swap or trading strategy involving a

security-based swap subject thereto, provided that:
    (i) The Covered Entity, in relation to the relevant
recommendation, is subject to and complies with the requirements of
MiFID articles 24(2)-(3) and 25(1)-(2);; WpHG sections 63(5)-(6),
80(9)-(13) and 87(1)-(2); and MiFID Org Reg articles 21(1)(b) and
(d), 54 and 55; and
    (ii) The counterparty to which the Covered Entity makes the
recommendation is a ``professional client'' mentioned in MiFID Annex
II section I and WpHG section 67(2) and is not a ``special entity''
as defined in Exchange Act section 15F(h)(2)(C) and Exchange Act
rule 15Fh-2(d).
    (5) Fair and balanced communications. The requirements of
Exchange Act rule 15Fh-3(g), as applied to one or more
communications subject thereto, provided that the Covered Entity, in
relation to the relevant communication, is subject to and complies
with the requirements of:
    (i) Either MiFID articles 24(1), (3) and WpHG sections 63(1),
(6) or MiFID article 30(1) and WpHG section 68(1); and
    (ii) MiFID articles 24(4)-(5); WpHG sections 63(7) and 64(1);
MiFID Org Reg articles 46-48; MAR articles 12(1)(c), 15 and 20(1);
and MAR Investment Recommendations Regulation articles 3 and 4.
    (6) Daily mark disclosure. The requirements of Exchange Act rule
15Fh-3(c), as applied to one or more security-based swaps subject
thereto, provided that the Covered Entity is required to reconcile,
and does reconcile, the portfolio containing the relevant security-
based swap on each business day pursuant to EMIR articles 11(1)(b)
and 11(2) and EMIR RTS article 13.

(f) Substituted Compliance in Connection With Recordkeeping,
Reporting, Notification, and Securities Count Requirements

    This Order extends to the following provisions that apply to a
Covered Entity related to recordkeeping, reporting, notification and
securities counts:
    (1)(i) Make and keep current certain records. The requirements
of the following provisions of Exchange Act rule 18a-5, provided
that the Covered Entity complies with the relevant conditions in
this paragraph (f)(1)(i) and with the applicable conditions in
paragraph (f)(1)(ii):
    (A) The requirements of Exchange Act rule 18a-5(a)(1) or (b)(1),
as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 74, 75, and Annex IV; and
MiFIR article 25(1); and
    (2) With respect to the requirements of Exchange Act rule 18a-
5(a)(1), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order.
    (B) The requirements of Exchange Act rule 18a-5(a)(2), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRD article 73; MiFID Delegated Directive article 2;
MiFID Org Reg articles 72, 74 and 75; EMIR article 39(4); KWG
section 10a; and WpHG section 84; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (C) The requirements of Exchange Act rule 18a-5(a)(3) or (b)(2),
as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Delegated Directive article 2; MiFID Org Reg
articles 72, 74 and 75; EMIR article 39(4); and WpHG section 84; and
    (2) With respect to the requirements of Exchange Act rule 18a-
5(a)(3), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (D) The requirements of Exchange Act rule 18a-5(a)(4) or (b)(3),
as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRR article 103; MiFID articles 16(6), 25(5), and
25(6); MiFID Org Reg articles 59, 74, 75 and Annex IV; MiFIR article
25(1); EMIR articles 9(2) and 11(1)(a); WpHG sections 63 and 64; and
    (2) With respect to the requirements of Exchange Act rule 18a-
5(a)(4), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (E) The requirements of Exchange Act rule 18a-5(b)(4) provided
that the Covered Entity is subject to and complies with the
requirements of MiFID Org Reg article 59; EMIR articles 9(2) and
11(1)(a); MiFID articles 16(6), 25(5), and 25(6); and WpHG sections
63, 64, and 83 paragraphs 1 and 2;
    (F) The requirements of Exchange Act rule 18a-5(a)(5) or (b)(5),
as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 74, 75 and Annex IV; and
MiFIR article 25(1); and
    (2) With respect to the requirements of Exchange Act rule 18a-
5(a)(5), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (G) The requirements of Exchange Act rules 18a-5(a)(6) and
(a)(15) or (b)(6) and (b)(11), as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRR articles 103, 105(3), and 105(10); CRD article
73; MiFID articles 16(6), 25(5), 25(6); MiFID Delegated Directive
article 2; MiFID Org Reg articles 59, 74, 75, and Annex IV; MiFIR
article 25(1); EMIR articles 9(2), 11(1)(a), and 39(4); KWG section
10a; and WpHG sections 63, 64, 83 paragraphs 1 through 2, and 84;
and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 15Fi-2 pursuant to this Order;
    (H) The requirements of Exchange Act rule 18a-5(a)(7) or (b)(7),
as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFIR article 25(1); MLD4 articles 11 and 13; MiFID
article 25(2); WpHG section 64 paragraph 3; and GWG sections 10 and
11; and
    (2) With respect to the requirements of Exchange Act rule 18a-
5(a)(7), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (I) The requirements of Exchange Act rule 18a-5(a)(8), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRR articles 103, 105(3), and 105(10); MiFID Org Reg
articles 59, 74, 75 and Annex IV; MiFIR article 25(1); EMIR articles
9(2), 11(1)(a), and 39(4); MiFID articles 16(6), 25(5), and 25(6);
CRD article 73; MiFID Delegated Directive article 2; WpHG sections
63, 64, 83 paragraphs 1 through 2, and 84; and KWG section 10a; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order.;
    (J) The requirements of Exchange Act rule 18a-5(a)(9), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRD article 73; MiFID Delegated Directive article 2;
EMIR article 39(4); MiFID Org Reg articles 72, 74, and 75; KWG
section 10a; and WpHG Section 84;
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order; and
    (3) This Order does not extend to the requirements of Exchange
Act rule 18a-5(a)(9) relating to Exchange Act rule 18a-2;
    (K) The requirements of Exchange Act rule 18a-5(a)(10) and
(b)(8), provided that the Covered Entity is subject to and complies
with the requirements of MiFID Org Reg articles 21(1)(d), 35; CRD
articles 88, 91(1), 91(8); MiFID article 9(1) and 16(3); KWG
sections 15, 25a(1), 25c(1) through (3), 25c(4a), 25d(1) through
(3), 25d(7), 25d(11), and 36; and WpHG sections 81(1) and 84;
    (L) The requirements of Exchange Act rule 18a-5(a)(12), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRR articles 103, 105(3) and 105(10); MiFID Org Reg.
articles 72, 74 and 75; CRD article 73; MiFID Delegated Directive
article 2; KWG section 10a; and WpHG section 84; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rule
18a-3 pursuant to this Order;
    (M) The requirements of Exchange Act rule 18a-5(a)(17) and
(b)(13), as applicable, regarding one or more provisions of Exchange
Act rules 15Fh-3 or 15Fk-1 for which substituted compliance is
available under this Order, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 72, 73, and Annex I; MiFID
articles 16(6) and 25(2); MLD articles 11 and 13; EMIR article
39(5); WpHG sections 64 paragraph 3 and 83 paragraph 1; and GWG
sections 10 and 11, in each case with respect to the relevant
security-based swap or activity;

    (2) With respect to the portion of Exchange Act rule 18a-
5(a)(17) and (b)(13) that relates to Exchange Act rule 15Fh-3, the
Covered Entity applies substituted compliance for such business
conduct standard(s) of Exchange Act rule 15Fh-3 pursuant to this
Order, as applicable, with respect to the relevant security-based
swap or activity; and
    (3) With respect to the portion of Exchange Act rule 18a-
5(a)(17) and (b)(13) that relates to Exchange Act rule 15Fk-1, the
Covered Entity applies substituted compliance for Exchange Act
section 15F(k) and Exchange Act rule 15Fk-1 pursuant to this Order;
    (N) The requirements of Exchange Act rule 18a-5(a)(18)(i) and
(ii) or (b)(14)(i) and (ii), as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 11(1)(b); and EMIR RTS article
15(1)(a); and
    (2) The Covered Entity applies substituted compliance for
Exchange Act rule 15Fi-3 pursuant to this Order; and
    (O) The requirements of Exchange Act rule 18a-5(a)(18)(iii) or
(b)(14)(iii), as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 11(1)(b); and EMIR RTS article
15(1)(a), in each case with respect to such security-based swap
portfolio(s); and
    (2) The Covered Entity applies substituted compliance for
Exchange Act rule 15Fi-4 pursuant to this Order.
    (ii) Paragraph (f)(1)(i) is subject to the following further
conditions:
    (A) Paragraphs (f)(1)(i)(A) through (D) and (H) are subject to
the condition that the Covered Entity preserves all of the data
elements necessary to create the records required by the applicable
Exchange Act rules cited in such paragraphs and upon request
furnishes promptly to representatives of the Commission the records
required by those rules;
    (B) A Covered Entity may apply the substituted compliance
determination in paragraph (f)(1)(i)(M) to records of compliance
with Exchange Act rule 15Fh-3(b), (c), (e), (f) and (g) in respect
of one or more security-based swaps or activities related to
security-based swaps; and
    (C) This Order does not extend to the requirements of Exchange
Act rule 18a-5(a)(13), (a)(14), (a)(16), (b)(9), (b)(10) or (b)(12).
    (2)(i) Preserve certain records. The requirements of the
following provisions of Exchange Act rule 18a-6, provided that the
Covered Entity complies with the relevant conditions in this
paragraph (f)(2)(i) and with the applicable conditions in paragraph
(f)(2)(ii):
    (A) The requirements of Exchange Act rule 18a-6(a)(1) or (a)(2),
as applicable, provided that the Covered Entity is subject to and
complies with the requirements of MiFID Org Reg articles 72, 74, 75,
and Annex IV; CRR article 103; MiFIR article 25(1); EMIR article
9(2); MiFID articles 16(6) and 69(2); CRD article 73; MiFID
Delegated Directive article 2; WpHG sections 6, 7, 83 paragraph 1,
and 84; and KWG section 10a;
    (B) The requirements of Exchange Act rule 18a-6(b)(1)(i) or
(b)(2)(i), as applicable, provided that the Covered Entity is
subject to and complies with the requirements of MiFID Org Reg
articles 72, 74, 75, and Annex IV; CRR article 103; MiFIR article
25(1); EMIR article 9(2); MiFID articles 16(6) and 69(2); CRD
article 73; MiFID Delegated Directive article 2; WpHG sections 6, 7,
83 paragraph 1, and 84; and KWG section 10a;
    (C) The requirements of Exchange Act rule 18a-6(b)(1)(ii) and
(iii), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 72, 74 and 75; EMIR article
9(2); CRD article 73; MiFID Delegated Directive article 2; MiFID
16(6); KWG section 10a; and WpHG sections 83 paragraph 1, and 84;
and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (D) The requirements of Exchange Act rule 18a-6(b)(1)(iv) or
(b)(2)(ii), as applicable, provided that the Covered Entity is
subject to and complies with the requirements of CRR article 103;
MiFID Org Reg articles 72, 73, 74, 75, 76, Annex I and Annex IV;
MiFIR article 25(1); EMIR article 9(2); CRD article 73; MiFID
articles 16(6), 16(7); MiFID Delegated Directive article 2; KWG
section 10a; and WpHG sections 83 paragraphs 1 and 3 through 8, and
84;
    (E) The requirements of Exchange Act rule 18a-6(b)(1)(v),
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 9(2); CRR articles 99, 294, 394, 415,
430 and Part Six: Title II and Title III; CRR Reporting ITS article
14 and annexes I-V and VIII-XIII; and MiFID Org Reg article 72(1);
    (2) With respect to the requirements of Exchange Act rule 18a-
6(b)(1)(v), the Covered Entity applies substituted compliance for
the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant this Order; and
    (3) This Order does not extend to the requirements of Exchange
Act rule 18a-6(b)(1)(v) relating to Exchange Act rule 18a-2;
    (F) The requirements of Exchange Act rule 18a-6(b)(1)(vi) or
(b)(2)(iii), as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 9(2); MiFID Org Reg articles 72(1) and
73; MiFID article 16(6); and WpHG section 83 paragraph 1; and
    (2) With respect to the requirements of Exchange Act rule 18a-
6(b)(1)(vi), the Covered Entity applies substituted compliance for
the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant to this Order;
    (G) The requirements of Exchange Act rule 18a-6(b)(1)(vii) or
(b)(2)(iv), as applicable, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 72(1) and 73; MiFIR article
25(1); EMIR article 9(2); MiFID article 16(6); and WpHG section 83
paragraph 1; and
    (2) With respect to the requirements of Exchange Act rule 18a-
6(b)(1)(vii), the Covered Entity applies substituted compliance for
the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant to this Order;
    (H) The requirements of Exchange Act rule 18a-6(b)(1)(viii),
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRR articles 99, 294, 394, 415, 430 and Part Six:
Title II and Title III; CRR Reporting ITS article 14 and annexes I-V
and VIII-XIII, as applicable; and MiFID Org Reg article 72(1);
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-7(a)(1), (b), (c) through (h),
and Exchange Act rule 18a-7(j) as applied to these requirements
pursuant to this Order;
    (3) With respect to the requirements of Exchange Act rule 18a-
6(b)(1)(viii), the Covered Entity applies substituted compliance for
the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant to this Order;
    (4) This Order does not extend to the requirements of Exchange
Act rule 18a-6(b)(1)(viii)(L); and
    (5) This Order does not extend to the requirements of Exchange
Act rule 18a-6(b)(1)(viii)(M) relating to Exchange Act rule 18a-2.
    (I) The requirements of Exchange Act rule 18a-6(b)(1)(ix),
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 22(3)(c), 23, 24, 25(2), 26,
29(2)(c), 35 and 72(1); CRR articles 176, 286 and 293(1)(d); EMIR
RTS; EMIR article 9(2); MiFID articles 16(2), 16(3), 16(5), 24(9);
MiFID Delegated Directive article 11; CRD article 73, 75-87; WpHG
sections 64 paragraph 3, 70, 80 paragraph 6, and 84; WpDVerOV
section 6; and KWG sections 10a, 25a, 25c(3)(3), 25c(3)(4), 25c(4a),
25d(6), 25(8); and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (J) The requirements of Exchange Act rule 18a-6(b)(1)(x),
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 9(2); MiFID Org Reg article 72(1); CRD
article 73; MiFID article 16(6); KWG section 10a; and WpHG section
83 paragraph 1; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (K) The requirements of Exchange Act rule 18a-6(b)(1)(xii) or
(b)(2)(vii), as applicable, regarding one or more provisions of
Exchange Act rules 15Fh-3 or 15Fk-1 for which substituted compliance
is available under this Order, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 9(2); MLD4 articles 11 and 13; MiFID
Org Reg article 72(1); MiFID article 16(6); GWG sections 10 and 11;
and WpHG section 83 paragraph 1, in each case with respect to the
relevant security-based swap or activity;
    (2) With respect to the portion of Exchange Act rule 18a-
6(b)(1)(xii) or (b)(2)(vii) that relates to Exchange Act rule 15Fh-
3, the Covered Entity applies substituted compliance for such
business conduct standard(s) of Exchange Act rule 15Fh-3

pursuant to this Order, as applicable, with respect to the relevant
security-based swap or activity; and
    (3) With respect to the portion of Exchange Act rule 18a-
6(b)(1)(xii) or (b)(2)(vii), as applicable, that relates to Exchange
Act rule 15Fk-1, the Covered Entity applies substituted compliance
for Exchange Act section 15F(k) and Exchange Act rule 15Fk-1
pursuant to this Order;
    (L) The requirements of Exchange Act rule 18a-6(c), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 21(1)(f) and 72(1); MiFID
article 16(6); and WpHG section 83 paragraph 1; and
    (2) This Order does not extend to the requirements of Exchange
act rule 18a-6(c) relating to Forms SBSE, SBSE-A, SBSE-C, SBSE-W,
all amendments to these forms, and all other licenses or other
documentation showing the registration of the Covered Entity with
any securities regulatory authority or the U.S. Commodity Futures
Trading Commission;
    (M) The requirements of Exchange Act rule 18a-6(d)(1), provided
that the Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 35 and 72(1); CRD articles
88, 91(1), 91(8); MiFID article 9(1), 16(3), 16(6); KWG sections
25c(1) through (3), 25d(1) through (3), and 36; and WpHG sections
81(1), 83 paragraph 1, and 84;
    (N) The requirements of Exchange Act rule 18a-6(d)(2), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 9(2); MiFID Org Reg articles 72(1) and
72(3); MiFID article 16(6); and WpHG section 83 paragraph 1; and
    (2) With respect to the requirements of Exchange Act rule 18a-
6(d)(2)(i), the Covered Entity applies substituted compliance for
the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant to this Order;
    (O) The requirements of Exchange Act rule 18a-6(d)(3), provided
that:
    (1) The Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 21(1)(f), 72, 73, and Annex
I; MiFID article 16(6); and WpHG section 83 paragraph 1; and
    (2) With respect to the requirements of Exchange Act rule 18a-
6(d)(3)(i), the Covered Entity applies substituted compliance for
the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant to this Order;
    (P) The requirements of Exchange Act rule 18a-6(d)(4) and
(d)(5), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 9(2); MiFID Org Reg articles 24, 25(2),
72(1) and 73; MiFID articles 16(2), 16(6), and 25(5); and WpHG
sections 64 paragraph 3 and 83 paragraphs 1 and 2; and
    (2) The Covered Entity applies substituted compliance for
Exchange Act rules 15Fi-3, 15Fi-4, and 15Fi-5 pursuant to this
Order;
    (Q) The requirements of Exchange Act rule 18a-6(e), provided
that the Covered Entity is subject to and complies with the
requirements of MiFID Org Reg articles 21(2), 58, 72(1) and 72(3);
MiFID articles 16(5), 16(6); and WpHG sections 80 paragraph 6, and
83 paragraph 1; and
    (R) The requirements of Exchange Act rule 18a-6(f), provided
that the Covered Entity is subject to and complies with the
requirements of MiFID Org Reg article 31(1); MiFID article 16(5);
and WpHG section 80 paragraph 6.
    (ii) Paragraph (f)(2)(i) is subject to the following further
conditions:
    (A) A Covered Entity may apply the substituted compliance
determination in paragraph (f)(2)(i)(K) to records related to
Exchange Act rule 15Fh-3(b), (c), (e), (f) and (g) in respect of one
or more security-based swaps or activities related to security-based
swaps; and
    (B) This Order does not extend to the requirements of Exchange
Act rule 18a-6(b)(1)(xi), (b)(1)(xiii), (b)(2)(v), (b)(2)(vi), or
(b)(2)(viii).
    (3) File Reports. The requirements of the following provisions
of Exchange Act rule 18a-7, provided that the Covered Entity
complies with the relevant conditions in this paragraph (f)(3):
    (i) The requirements of Exchange Act rule 18a-7(a)(1) or (a)(2),
as applicable, and the requirements of Exchange Act rule 18a-7(j) as
applied to the requirements of Exchange Act rule 18a-7(a)(1) or
(a)(2), as applicable, provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of CRR articles 99, 394, 430 and Part Six: Title II and
Title III; CRR Reporting ITS annexes I, II, III, IV, V, VIII, IX, X,
XI, XII and XIII, as applicable;
    (B) The Covered Entity files periodic unaudited financial and
operational information with the Commission or its designee in the
manner and format required by Commission rule or order and presents
the financial information in the filing in accordance with generally
accepted accounting principles that the Covered Entity uses to
prepare general purpose publicly available or available to be issued
financial statements in Germany;
    (C) With respect to the requirements of Exchange Act rule 18a-
7(a)(1), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order; and
    (D) With respect to the requirements of Exchange Act rule 18a-
7(a)(1), the Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-6(b)(1)(viii) pursuant to this
Order;
    (ii) The requirements of Exchange Act rule 18a-7(a)(3) and the
requirements of Exchange Act rule 18a-7(j) as applied to the
requirements of Exchange Act rule 18a-7(a)(3), provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of CRR articles 99, 394, 431, 433, 452, 454, and 455;
CRR Reporting ITS annexes I, II, VIII and IX, as applicable; and
    (B) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (iii) The requirements of Exchange Act rule 18a-7(b), provided
that:
    (A) The Covered Entity is subject to and complies with the
requirements of CRR articles 431 through 455; and HGB sections 316
and 325; and
    (B) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-6(b)(1)(viii) pursuant to this
Order.
    (iv) The requirements of Exchange Act rule 18a-7(c), (d), (e),
(f), (g) and (h) and the requirements of Exchange Act rule 18a-7(j)
as applied to the requirements of paragraphs (c), (d), (e), (f), (g)
and (h) of Exchange Act rule 18a-7, provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of CRR articles 26(2), 132(5), 154, 191, 321, 325bi,
350, 353, 368, 418; HGB sections 316 and 325; WpHG section 24 and
84, and 89 (1) sentence 1 no. 1; and KWG section 26a(1);
    (B) With respect to financial statements the Covered Entity is
required to file annually with the German BaFin, including a report
of an independent public accountant covering the financial
statements, the Covered Entity:
    (1) Simultaneously sends a copy of such annual financial
statements and the report of the independent public accountant
covering the annual financial statements to the Commission in the
manner specified on the Commission's website;
    (2) Includes with the transmission the contact information of an
individual who can provide further information about the financial
statements and report;
    (3) Includes with the transmission the report of an independent
public accountant required by Exchange Act rule 18a-7(c)(1)(i)(C)
covering the annual financial statements if German laws do not
require the Covered Entity to engage an independent public
accountant to prepare a report covering the annual financial
statements; provided, however, that such report of the independent
public accountant may be prepared in accordance with generally
accepted auditing standards in Germany that the independent public
accountant uses to perform audit and attestation services and the
accountant complies with German independence requirements;
    (4) Includes with the transmission the reports required by
Exchange Act rule 18a-7(c)(1)(i)(B) and (C) addressing the
statements identified in Exchange Act rule 18a-7(c)(3) or (c)(4), as
applicable, that relate to Exchange Act rule 18a-4; provided,
however, that the report of the independent public accountant
required by Exchange Act rule 18a-7(c)(1)(i)(C) may be prepared in
accordance with generally accepted auditing standards in Germany
that the independent public accountant uses to perform audit and
attestation services and the accountant complies with German
independence requirements; and
    (5) Includes with the transmission the supporting schedules and
reconciliations, as applicable, required by Exchange Act rules 18a-
7(c)(2)(ii) and (iii), respectively, relating to Exchange Act rule
18a-2; and
    (6) Includes with the transmission the supporting schedules and
reconciliations, as applicable, required by Exchange Act rules 18a-
7(c)(2)(ii) and (iii), respectively, relating to Exchange Act rules
18a-4 and 18a-4a;

    (C) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order; and
    (D) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-6(b)(1)(viii) pursuant to this
Order.
    (4)(i) Provide Notification. The requirements of the following
provisions of Exchange Act rule 18a-8, provided that the Covered
Entity complies with the relevant conditions in this paragraph
(f)(4)(i) and with the applicable conditions in paragraph
(f)(4)(ii):
    (A) The requirements of paragraphs (a)(1)(i), (a)(1)(ii),
(b)(1), (b)(2), and (b)(4) of Exchange Act rule 18a-8 and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of paragraphs (a)(1)(i), (a)(1)(ii), (b)(1), (b)(2),
and (b)(4) of Exchange Act rule 18a-8, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of CRR article 366(5); KWG section 25a (1) sentence 6
no. 3; and FinDAG section 4d; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (B) The requirements of Exchange Act rule 18a-8(c) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(c), provided that the
Covered Entity is subject to and complies with the requirements of
KWG section 25a(1) sentence 6 no. 3; and FinDAG section 4d;
    (C) The requirements of Exchange Act rule 18a-8(d) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(d), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of KWG section 25a(1) sentence 6 no. 3; and FinDAG
section 4d; and
    (2) This Order does not extend to the requirements of Exchange
Act rule 18a-8(d) to give notice with respect to books and records
required by Exchange Act rule 18a-5 for which the Covered Entity
does not apply substituted compliance pursuant to this Order;
    (D) The requirements of Exchange Act rule 18a-8(e) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(e), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of KWG section 25a(1) sentence 6 no. 3; and FinDAG
section 4d;
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order;
    (3) This Order does not extend to the requirements of Exchange
act rule 18a-8(e) relating to Exchange Act rule 18a-2 or to the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange act rule 18a-8(e) relating to Exchange Act
rule 18a-2; and
    (4) This Order does not extend to the requirements of Exchange
act rule 18a-8(e) relating to Exchange Act rule 18a-4 or to the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(e) relating to Exchange Act
rule 18a-4;
    (ii) Paragraph (f)(4)(i) is subject to the following further
conditions:
    (A) The Covered Entity:
    (1) Simultaneously sends a copy of any notice required to be
sent by German law cited in this paragraph of the Order to the
Commission in the manner specified on the Commission's website; and
    (2) Includes with the transmission the contact information of an
individual who can provide further information about the matter that
is the subject of the notice;
    (B) This Order does not extend to the requirements of paragraphs
(a)(2) and (b)(3), and of Exchange Act rule 18a-8 relating to
Exchange Act rule 18a-2 or to the requirements of Exchange Act rule
18a-8(h) as applied to the requirements of Exchange Act rule 18a-8
relating to Exchange Act rule 18a-2;
    (C) This Order does not extend to the requirements or to the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of paragraph (g) of rule 18a-8.
    (5) Securities Counts. The requirements of Exchange Act rule
18a-9, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of EMIR article 11(1)(b); EMIR RTS articles 12 and 13;
WpHG section 84; HGB sections 316 and 325; and WpHG section 89 (1)
sentence 1 no. 1; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules
18a-1 through 18a-1d pursuant to this Order.
    (6) Daily Trading Records. The requirements of Exchange Act
section 15F(g), provided that the Covered Entity is subject to and
complies with the requirements of WpHG section 83 paragraph 1; and
MiFID Org Reg article 21(1)(f), 21(4), and 72(1).
    (7) Examination and Production of Records. Notwithstanding the
forgoing provisions of paragraph (f) of this Order, this Order does
not extend to, and Covered Entities remain subject to, the
requirement of Exchange Act section 15F(f) to keep books and records
open to inspection by any representative of the Commission and the
requirement of Exchange Act rule 18a-6(g) to furnish promptly to a
representative of the Commission legible, true, complete, and
current copies of those records of the Covered Entity that are
required to be preserved under Exchange Act rule 18a-6, or any other
records of the Covered Entity that are subject to examination or
required to be made or maintained pursuant to Exchange Act section
15F that are requested by a representative of the Commission.
    (8) English Translations. Notwithstanding the forgoing
provisions of paragraph (f) of this Order, to the extent documents
are not prepared in the English language, Covered Entities must
promptly furnish to a representative of the Commission upon request
an English translation of any record, report, or notification of the
Covered Entity that is required to be made, preserved, filed, or
subject to examination pursuant to Exchange Act section 15F of this
Order.
    (g) Definitions.
    (1) ``Covered Entity'' means an entity that:
    (i) Is a security-based swap dealer or major security-based swap
participant registered with the Commission;
    (ii) Is not a ``U.S. person,'' as that term is defined in rule
3a71-3(a)(4) under the Exchange Act; and
    (iii) Is an investment firm and/or credit institution that is
authorized by BaFin to provide investment services or perform
investment activities in Germany and is supervised by the ECB (or
has a licensing application pending with the ECB as of August 12,
2021) as a significant institution.
    (2) ``MiFID'' means the ``Markets in Financial Instruments
Directive,'' Directive 2014/65/EU, as amended from time to time.
    (3) ``WpHG'' means Germany's ``Wertpapierhandelsgesetz'', as
amended or superseded from time to time.
    (4) ``MiFID Org Reg'' means Commission Delegated Regulation (EU)
2017/565, as amended from time to time.
    (5) ``MiFID Delegated Directive'' means Commission Delegated
Directive (EU) 2017/593, as amended from time to time.
    (6) ``MLD'' means Directive (EU) 2015/849, as amended from time
to time.
    (7) ``GwG'' means Germany's ``Geldw[auml]schegesetz,'' as
amended from time to time.
    (8) ``MiFIR'' means Regulation (EU) 600/2014, as amended from
time to time.
    (9) ``EMIR'' means the ``European Market Infrastructure
Regulation,'' Regulation (EU) 648/2012, as amended from time to
time.
    (10) ``EMIR RTS'' means Commission Delegated Regulation (EU)
149/2013, as amended from time to time.
    (11) ``EMIR Margin RTS'' means Commission Delegated Regulation
(EU) 2016/2251, as amended from time to time.
    (12) ``CRR Reporting ITS'' means Commission Implementing
Regulation (EU) 680/2014, as amended from time to time.
    (13) ``CRD'' means Directive 2013/36/EU, as amended from time to
time.
    (14) ``KWG'' means Germany's ``Kreditwesengesetz,'' as amended
from time to time.
    (15) ``CRR'' means Regulation (EU) 575/2013, as amended from
time to time.
    (16) ``MAR'' means the ``Market Abuse Regulation,'' Regulation
(EU) 596/2014, as amended from time to time.
    (17) ``MAR Investment Recommendations Regulation'' means
Commission Delegated Regulation (EU) 2016/958, as amended from time
to time.
    (18) ``FinDAG'' means Germany's
``Finanzdienstleistungsaufsichtsgesetz,'' as amended from time to
time.
    (19) ``BaFin'' means the Bundesanstalt f[uuml]r
Finanzdienstleistungsaufsicht.
    (20) ``ECB'' means the European Central Bank.
    (21) ``WpDVerOV'' means Germany's ``Wertpapierdienstleistungs-
Verhaltens- und -Organisationsverordnung,'' as amended from time to
time.
    (22) ``SAG'' means Germany's ``Sanierungs- und
Abwicklungsgesetz,'' as amended from time to time.

    (23) ``SolvV'' means Germany's ``Solvabilit[auml]tsverordnung,''
as amended from time to time.

[FR Doc. 2021-17644 Filed 8-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 10, 2008 (Volume 73, Number 70)]
[Notices]
[Page 19499]
[DOCID:fr10ap08-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool Board of
Directors/Members Committee Meeting and Southwest Power Pool Regional
State Committee Meeting

April 3, 2008.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool (SPP) Regional State Committee Board of Directors, SPP Members
Committee and SPP Board of Directors as noted below. Their attendance
is part of the Commission's ongoing outreach efforts.

SPP Regional State Committee Meeting

    April 21, 2008 (1 p.m.-5 p.m.), The Skirvin Hilton, 1 Park Ave.,
Oklahoma City, OK 73102,<PHONE_NUMBER>.

SPP Board of Directors/Members Committee

    April 22, 2008 (8:30 a.m.-3 p.m.), The Skirvin Hilton, 1 Park Ave.,
Oklahoma City, OK 73102,<PHONE_NUMBER>.
    The discussions may address matters at issue in the following
proceedings:
    Docket No. ER06-451, Southwest Power Pool, Inc.
    Docket No. EL06-71, Associated Electric Cooperative, Inc. v.
Southwest Power Pool.
    Docket Nos. ER07-319 and EL07-73, Southwest Power Pool, Inc.
    Docket No. ER07-371, Southwest Power Pool, Inc.
    Docket No. EL07-27, East Texas Electric Cooperative, Inc., et al.
and Docket No. ER07-396, Southwest Power Pool, Inc.
    Docket No. ER07-1255, Southwest Power Pool, Inc.
    Docket No. ER07-1311, Southwest Power Pool, Inc.
    Docket No. ER08-340, Southwest Power Pool, Inc.
    Docket No. ER08-477, Southwest Power Pool, Inc.
    Docket No. ER08-684, Southwest Power Pool, Inc.
    Docket No. OA08-5, Southwest Power Pool, Inc.
    Docket No. OA08-60, Southwest Power Pool, Inc.
    Docket No. OA08-61, Southwest Power Pool, Inc.
    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E8-7600 Filed 4-9-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28631-28633]
[FR Doc No: 2018-13195]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: June 21, 2018, 10:00 a.m.

PLACE: Room 2C, 888 First Street NE, Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda, * NOTE--Items listed on the agenda
may be deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.

This is a list of matters to be considered by the Commission. It does
not include a listing of all documents relevant to the items on the
agenda. All public documents, however, may be viewed on line at the
Commission's website at http://ferc.capitolconnection.org/ using the
eLibrary link, or may be examined in the Commission's Public Reference
Room.

                             1045th--Meeting
                [Open Meeting; June 21, 2018; 10:00 a.m.]
------------------------------------------------------------------------
         Item No.               Docket No.               Company
------------------------------------------------------------------------
                             ADMINISTRATIVE
------------------------------------------------------------------------
A-1......................  AD18-1-000.........  Agency Administrative
                                                 Matters.
A-2......................  AD18-2-000.........  Customer Matters,
                                                 Reliability, Security
                                                 and Market Operations.
------------------------------------------------------------------------
                                ELECTRIC
------------------------------------------------------------------------
E-1......................  EL18-155-000.......  Ameren Illinois Company.
                           EL18-156-000.......  Ameren Transmission
                                                 Company of Illinois.
                           EL18-157-000.......  American Transmission
                                                 Company, LLC.
                           EL18-158-000.......  GridLiance West Transco
                                                 LLC.
                           EL18-159-000.......  International
                                                 Transmission Company.
                           EL18-160-000.......  ITC Midwest, LLC.
                           EL18-161-000.......  Northern States Power
                                                 Company, a Minnesota
                                                 corporation.
                           EL18-162-000.......  Northern States Power
                                                 Company, a Wisconsin
                                                 corporation.
                           EL18-163-000.......  Public Service Company
                                                 of Colorado.
                           EL18-164-000.......  Southern California
                                                 Edison Company.
                           EL18-165-000.......  TransCanyon DCR, LLC.
                           EL18-166-000.......  Southwestern Public
                                                 Service Company.
                           EL18-167-000.......  Virginia Electric and
                                                 Power Company.
E-2......................  EL18-45-000, EL17-   Great River Energy.
                            33-000.
E-3......................  EL18-17-000........  Midcontinent Independent
                                                 System Operator, Inc.
E-4......................  ER13-343-008.......  CPV Maryland, LLC.
                           ER13-342-012.......  CPV Shore, LLC.
                           ER16-700-001.......  CPV Towantic, LLC.
                           ER16-701-001.......  CPV Valley, LLC.
E-5......................  ER17-706-002.......  GridLiance West Transco
                                                 LLC.
E-6......................  ER18-1169-000......  California Independent
                                                 System Operator
                                                 Corporation.
E-7......................  ER16-372-003, ER16-  PJM Interconnection,
                            372-004, ER16-372-   L.L.C.
                            005.
E-8......................  ER13-75-012, ER15-   Public Service Company
                            416-002.             of Colorado.
                           ER13-77-011, ER15-   Tucson Electric Power
                            433-002.             Company.
                           ER13-78-012, ER15-   UNS Electric, Inc.
                            434-002.
                           ER13-79-010, ER15-   Public Service Company
                            413-002.             of New Mexico.
                           ER13-82-010, ER15-   Arizona Public Service
                            411-007.             Company.
                           ER13-91-009, ER15-   El Paso Electric
                            426-002.             Company.
                           ER13-96-010, ER15-   Black Hills Power, Inc.
                            431-002.
                           ER13-97-010, ER15-   Black Hills Colorado
                            430-002.             Electric Utility
                                                 Company, LP.
                           ER13-105-006.......  NV Energy, Inc.
                           ER15-423-002, ER15-  Nevada Power Company.
                            428-004.
                           ER15-424-002.......  Sierra Pacific Power
                                                 Company.
                           ER13-120-010, ER15-  Cheyenne Light, Fuel &
                            432-002.             Power Company.
E-9......................  ER18-1360-000......  San Diego Gas & Electric
                                                 Company.
------------------------------------------------------------------------
                                   GAS
------------------------------------------------------------------------
G-1......................  OMITTED............
G-2......................  OR18-18-000........  CCPS Transportation,
                                                 LLC.
G-3......................  OR18-15-000........  Andeavor Field Services,
                                                 LLC v. Mid-America
                                                 Pipeline Company, LLC
                                                 and Enterprise Products
                                                 Operating LLC.
------------------------------------------------------------------------
                                  HYDRO
------------------------------------------------------------------------
H-1......................  P-4253-003.........  Contoocook Hydro, LLC.
H-2......................  P-12514-074........  Northern Indiana Public
                                                 Service Company, LLC.
H-3......................  2082-065, 14803-002  PacifiCorp.
------------------------------------------------------------------------

    Issued: June 14, 2018.
Kimberly D. Bose,
Secretary.
    A free webcast of this event is available through http://ferc.capitolconnection.org/. Anyone with internet access who desires to
view this event can do so by navigating to www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://ferc.capitolconnection.org/ or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.

    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2018-13195 Filed 6-15-18; 11:15 am]
BILLING CODE 6717-01-P


[Federal Register: May 20, 2008 (Volume 73, Number 98)]
[Rules and Regulations]
[Page 29073-29075]
[DOCID:fr20my08-9]

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

40 CFR Part 81

[EPA-R09-OAR-2008-0435; FRL-8568-3]

Designation of Areas for Air Quality Planning Purposes;
California; Ventura Ozone Nonattainment Area; Reclassification to
Serious

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Effective June 15, 2004, EPA classified the Ventura County
ozone nonattainment area as ``subpart 2/moderate'' for the 8-hour ozone
standard with an attainment date of no later than June 15, 2010. On
February 14, 2008, the California Air Resources Board submitted a
request for reclassification of the Ventura County ozone nonattainment
area from ``moderate'' to ``serious.'' Under section 181(b)(3) of the
Clean Air Act, EPA is granting California's request for voluntary
reclassification of the Ventura County ozone nonattainment area to
``serious'' in today's document.

DATES: Effective Date: This rule is effective on June 19, 2008.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0435 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g.,
confidential business information). To inspect the hard copy materials,
please schedule an appointment during normal business hours with the
contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.

I. Reclassification of Ventura County to Serious Ozone Nonattainment

    Effective June 15, 2004, we classified the Ventura County ozone
nonattainment area under the Clean Air Act (``Act'' or CAA) as
``subpart 2/moderate'' for the 8-hour ozone national ambient air
quality standard (NAAQS). See 69 FR 23858, at 23889 (April 30, 2004);
and 40 CFR 81.305. Our classification of Ventura County as a
``moderate'' ozone nonattainment area establishes a requirement that
the area attain the 8-hour ozone NAAQS as expeditiously as practicable,
but no later than six years from designation, i.e., June 15, 2010. By
letter dated February 14, 2008, the Executive Officer for the
California Air Resources Board (CARB) submitted a request to reclassify
three California areas designated nonattainment for the 8-hour ozone
standard. Ventura was one of the three areas, and for the Ventura
County ozone nonattainment area, CARB has requested reclassification
from ``moderate'' to ``serious.'' We are acting on the request for
Ventura in today's document. In a separate document, we will propose a
schedule for required plan submittals for Ventura County under the new
classification.
    We will also act on the requests for the other two areas listed in
CARB's February 14, 2008 letter, as well as the reclassification
requests previously received from CARB for the San Joaquin Valley,
South Coast, and Coachella Valley ozone nonattainment areas, in a
separate document. We are deferring action on the State's
reclassification requests for the five other areas to allow for
notification to, and the opportunity for consultation with, the Indian
tribes located within the five areas. No Indian tribes are located
within Ventura County. In the separate document, we will also propose
schedules for required plan submittals under the new classifications
for these areas.
    We are reviewing this request as one made pursuant to section
181(b)(3) of the Act which provides for ``voluntary reclassification''
and states: ``The Administrator shall grant the request of any State to
reclassify a nonattainment area in that State in accordance with table
1 of subsection (a) of this section to a higher classification. The
Administrator shall publish a notice in the Federal Register of any
such request and of action by the Administrator

granting the request.'' While section 181 relates to the 1-hour ozone
NAAQS, the same option exists with respect to the 8-hour ozone NAAQS.
See 40 CFR 51.903(b) (``A State may request a higher classification for
any reason in accordance with section 181(b)(3) of the CAA.''). We find
that the plain language of section 181(b)(3) mandates that we approve
such a request, and, as such, EPA is granting CARB's request for
voluntary reclassification under section 181(b)(3) for the Ventura
County ozone nonattainment area from ``moderate'' to ``serious'' in
today's document. As a result of this action, Ventura County must now
attain the 8-hour ozone NAAQS as expeditiously as practicable, but not
later than nine years from designation, i.e., June 15, 2013.
    EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are ``impracticable, unnecessary or contrary to the
public interest.'' EPA has determined that public notice and comment
for today's action is unnecessary because our action to approve
voluntary reclassification requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance and in its content. As such,
notice and comment rulemaking procedures would serve no useful purpose.

II. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. EPA has
determined that the voluntary reclassification would not result in any
of the effects identified in Executive Order 12866 section 3(f).
Voluntary reclassifications under section 181(b)(3) of the CAA are
based solely upon request by the State and EPA is required under the
CAA to grant them. These actions do not, in and of themselves, impose
any new requirements on any sector of the economy. In addition, because
the statutory requirements are clearly defined with respect to the
differently classified areas, and because those requirements are
automatically triggered by classification, reclassification cannot be
said to impose a materially adverse impact on State, local or tribal
governments or communities. For this reason, this action is also not
subject to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
    In addition, I certify that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This action 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), because EPA is required to grant requests by States
for voluntary reclassifications and such reclassifications in and of
themselves do not impose any federal intergovernmental mandate. This
rule also does not have tribal implications because it will not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
    Because EPA is required to grant requests by States for voluntary
reclassifications and such reclassifications in and of themselves do
not impose any federal intergovernmental mandate, this action also does
not have Federalism implications as it does not have substantial direct
effects 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.
    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant. As
discussed above, a voluntary reclassification under section 181(b)(3)
of the CAA is based solely on the request of a State and EPA is
required to grant such a request. In this context, it would thus be
inconsistent with applicable law for EPA, when it grants a State's
request for a voluntary reclassification, to use voluntary consensus
standards. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
    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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 21, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 81

    Environmental protection, Air pollution control, Intergovernmental
relations, National parks, Ozone, Wilderness areas.

    Dated: May 13, 2008.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 81--[AMENDED]

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

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

Subpart C--[Amended]

0
2. Section 81.305 is amended in the table for ``California-Ozone (8-
Hour Standard)'' by revising the entry for ``Ventura County, CA'' to
read as follows:

Sec.  81.305  California.

* * * * *

                                                           California-Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Designation \a\                                            Classification
           Designated area           -------------------------------------------------------------------------------------------------------------------
                                                  Date \1\                        Type                       Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Ventura County, CA:
    Ventura County (part)--That part  ................................  Nonattainment..........  6/19/08........................  Subpart 2/Serious.
     of Ventura County excluding the
     Channel Islands of Anacapa and
     San Nicolas Islands.
    Remainder of County.............  ................................  Unclassifiable/
                                                                         Attainment.

                                                                      * * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
  \a\ Includes Indian Country located in each county or area, except as otherwise specified.*
 \1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E8-11294 Filed 5-19-08; 8:45 am]

BILLING CODE 6560-50-P