[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9961-9962]
[FR Doc No: 2023-03208]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before March 17, 2023.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 7, 2023.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

------------------------------------------------------------------------
                                                          Nature of the
  Application No.       Applicant       Regulation(s)    special permits
                                          affected           thereof
------------------------------------------------------------------------
                          Special Permits Data
------------------------------------------------------------------------
21499-N...........  Pollution         172.320,          To authorize the
                     Control Inc.      173.56(b).        transportation
                                                         in commerce of
                                                         an explosive
                                                         for the that
                                                         has not been
                                                         examined and
                                                         classified in
                                                         accordance with
                                                         49 CFR
                                                         173.56(b).
                                                         (mode 1)
21500-N...........  American Ecycle   173.185(f)......  To authorize the
                     Inc.                                transportation
                                                         in commerce of
                                                         damaged lithium
                                                         ion batteries
                                                         in alternative
                                                         packaging for
                                                         destruction or
                                                         recycling.
                                                         (mode 1)
21501-N...........  Luxfer Inc......  173.301(f),       To authorize the
                                       173.302(a).       manufacture,
                                                         mark, sale, and
                                                         use of a non-
                                                         DOT
                                                         specification
                                                         fully wrapped
                                                         fiber
                                                         reinforced
                                                         composite gas
                                                         cylinder with a
                                                         non-load
                                                         sharing plastic
                                                         liner that
                                                         meets the ISO
                                                         11119-3
                                                         standard except
                                                         for the design
                                                         water capacity
                                                         and working
                                                         pressure.
                                                         (modes 1, 2, 3,
                                                         4)
21504-N...........  Construction      172.101(j),       To authorize the
                     Helicopters,      173.27(b)(2).     transportation
                     Inc.                                in commerce of
                                                         Division 1.1,
                                                         1.2, 1.3 and
                                                         1.4 explosives,
                                                         which are
                                                         forbidden or
                                                         exceed
                                                         quantities
                                                         authorized for
                                                         transportation
                                                         via cargo-only
                                                         aircraft. (mode
                                                         4)
21509-N...........  KULR Technology   173.6(a)(1),      To authorize the
                     Corporation.      173.6(d).         transportation
                                                         in commerce of
                                                         lithium
                                                         batteries as
                                                         Materials of
                                                         Trade when the
                                                         quantities of
                                                         batteries
                                                         exceed the
                                                         limitation
                                                         specified in
                                                         173.6. (mode 1)
21510-N...........  ENK Co. Ltd.....  173.302a(b)(2),   To authorize the
                                       173.302a(b)(3),   transportation
                                       173.302a(b)(4),   in commerce of
                                       173.302a(b)(5),   certain gases
                                       180.205(c),       in DOT 3AA,
                                       180.205(f),       3AA, or 3T
                                       180.205(i),       cylinders. The
                                       180.209(a),       cylinders are
                                       180.213.          retested by
                                                         acoustic
                                                         emission and
                                                         ultrasonic
                                                         examination (AE/
                                                         UE) described
                                                         in paragraph 7
                                                         below in place
                                                         of the internal
                                                         visual
                                                         inspection and
                                                         the hydrostatic
                                                         retest required
                                                         in Sec.
                                                         180.205. (modes
                                                         1, 2, 3, 4, 5)
21512-N...........  KLA Corporation.  171.1...........  To authorize the
                                                         transportation
                                                         in commerce of
                                                         a Division 4.1
                                                         flammable solid
                                                         within an
                                                         article as no
                                                         subject to the
                                                         requirements of
                                                         the Hazardous
                                                         Materials
                                                         Regulations.
                                                         (modes 1, 3, 4,
                                                         5)
21513-N...........  The Chemours      173.301(f)(2),    To authorize the
                     Company Fc LLC.   177.840(a)(1).    transportation
                                                         in commerce of
                                                         certain
                                                         Division 2.1
                                                         gases in
                                                         cylinders
                                                         without the
                                                         pressure relief
                                                         device (PRD)
                                                         being in
                                                         communication
                                                         with the vapor
                                                         space. (mode 1)
21517-N...........  Bayerische        172.101(j)......  To authorize the
                     Motoren Werke                       transportation
                     Aktiengesellsch                     in commerce of
                     aft.                                lithium
                                                         batteries
                                                         exceeding 35 kg
                                                         via cargo-only
                                                         aircraft. (mode
                                                         4)
21518-N...........  Bedrock Ocean     172.101(j)......  To authorize the
                     Exploration,                        transportation
                     PBC.                                in commerce of
                                                         prototype
                                                         lithium
                                                         batteries
                                                         exceeding 35 kg
                                                         via cargo-only
                                                         aircraft. (mode
                                                         4)
------------------------------------------------------------------------

[FR Doc. 2023-03208 Filed 2-14-23; 8:45 am]
BILLING CODE P


[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81785-81786]
[FR Doc No: 2016-27843]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-3004]

Use of The Seafood List To Determine Acceptable Seafood Names;
Draft Compliance Policy Guide; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for FDA staff entitled ``Compliance
Policy Guide Sec. 540.750 Use of The Seafood List to Determine
Acceptable Seafood Names'' (the draft Compliance Policy Guide (CPG)).
The draft CPG, when finalized, will provide guidance for FDA staff
regarding use of The Seafood List to determine whether a seafood name
is acceptable.

DATES: Although you can comment on any CPG at any time (see 21 CFR
10.115(g)(5)), to ensure that we consider your comment on the draft CPG
before we begin work on the final version of the CPG, submit either
electronic or written comments on the draft CPG by January 17, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-3004 for ``Compliance Policy Guide Sec. 540.750 Use of The
Seafood List to Determine Acceptable Seafood Names.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the

information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft CPG to the
Food and Feed Policy Staff, Office of Policy and Risk Management,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857. Send two self-addressed adhesive
labels to assist that office in processing your request. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
CPG.

FOR FURTHER INFORMATION CONTACT: Spring C. Randolph, Center for Food
Safety and Applied Nutrition (HFC-325), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of the draft CPG entitled
``Compliance Policy Guide Sec. 540.750 Use of The Seafood List to
Determine Acceptable Seafood Names.'' The draft CPG, if finalized, will
update the previously issued ``CPG Sec. 540.750--Common or Usual Names
for Seafood in Interstate Commerce.'' The draft CPG is intended to
provide guidance for FDA staff regarding use of The Seafood List to
determine whether a seafood name is acceptable. The draft CPG explains
when we may consider a seafood product to be misbranded under section
403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343). The
draft CPG also contains information that may be useful to the regulated
industry and to the public.
    We are issuing this draft CPG consistent with our good guidance
practices regulation (21 CFR 10.115). The draft CPG, when finalized,
will represent our current thinking on acceptable names for seafood in
interstate commerce. It does not establish any rights for any person
and is not binding on FDA or the public. You can use an alternate
approach if it satisfies the requirements of the applicable statutes
and regulations.

II. Electronic Access

    Persons with access to the Internet may obtain the draft CPG from
FDA's Office of Regulatory Affairs CPG history page at http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/default.htm or http://www.regulations.gov. Use the FDA Web site listed
in the previous sentence to find the most current version of the
guidance.

    Dated: November 15, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-27843 Filed 11-17-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12119-12121]
[FR Doc No: 2013-03968]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68932; File No. SR-CBOE-2013-021]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Text in the Exchange Fees Schedule

February 14, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\

notice is hereby given that on February 6, 2013, Chicago Board Options
Exchange, Incorporated (the ``Exchange'' or ``CBOE'') filed with the
Securities and Exchange Commission (the ``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to amend the text in the Fees Schedule.
The text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at
the Exchange's Office of the Secretary, and at the Commission.

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

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

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

1. Purpose
    The Exchange is proposing to update the text in its Fees Schedule
to clarify the fee exemptions in the ``Index Options Rate Table.'' The
proposed change in this filing is solely administrative and will not
amend any current fees. Currently, the Index Options Rate Table Section
of the Exchange Fee Schedule has two different customer transaction
fees. Specifically, the Exchange charges a $0.18 transaction fee per
contract for all customer transactions in all index products excluding
``SPX, SPXW, SRO, OEX, XEO, VIX and Volatility Indexes.'' In addition,
however, in a recent rule filing, the Exchange has eliminated this
customer transaction fee in XSP index option transactions.\3\ The
Exchange is proposing to clarify in the second category that the $0.18
transaction fee per contract is applicable to ``All Index Products
Excluding SPX, SPXW, SRO, OEX, XEO, VIX, XSP and VOLATILITY INDEXES.''
---------------------------------------------------------------------------

    \3\ See SR-CBOE-2013-015 (January 30, 2013) (immediately
effective rule change to eliminate the customer transaction fee for
XSP index options).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change will make it clear
that there is no $0.18 customer transaction fee per contract in
transaction [sic] in XSP index options. The Exchange believes the
proposed addition of rule text will provide greater clarity for
customers. Thus, more customers may engage in XSP index options trading
as a result of a greater awareness of the lower fees associated with
such transactions. This would bring greater liquidity to the market,
which benefits all market participants.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
[sic] transactions in securities, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
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    In particular, the Exchange believes that the proposed rule change
will promote just and equitable principles of trade by clarifying to
Trading Permit Holders that there is no fee for customer transaction
fees in XSP index option trading. Providing a clearer representation of
fees in the Exchange fee schedule will remove any confusion that may
exist with the current wording in the Fees Schedule. In addition, by
making the fee waiver more explicit, the proposed rule change will
encourage more customer transactions in XSP index options. The proposed
changes are equitable and not unfairly discriminatory because bringing
clarity to the Exchange Fees Schedule benefits all Trading Permit
Holders. In addition, clarifying that there are not customer
transaction fees in XSP index option trading would bring greater
liquidity to the market, which benefits all market participants.

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

    CBOE 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. The Exchange does not believe
the proposed administrative changes to the Exchange Fees Schedule will
cause any unnecessary burden on intramarket competition because nothing
is changing substantively. The Exchange is merely adding additional
language to create more clarity. In addition, the Exchange does not
believe the propose rule change will cause any unnecessary burden on
intermarket competition because the Fees Schedule will continue to
function in the same way it currently does. The proposed changes are
only administrative to clarify the Fees in the Exchange Fees Schedule.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 C.F.R. 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2013-021 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2013-021. 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 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-CBOE-2013-021, and should be
submitted on or before March 14, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03968 Filed 2-20-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73726-73729]
[FR Doc No: 2012-29852]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68353; File No. SR-NYSE-2012-70]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 472, Which Addresses Communications With the Public,
Adopting New Rule Text To Conform to the Changes Adopted by the
Financial Industry Regulatory Authority, Inc. for Research Analysts and
Research Reports as Required by the Jumpstart Our Business Startups Act

December 4, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 30, 2012, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'' or ``SEC'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 NYSE Rule 472, which addresses
communications with the public, to adopt new rule text to conform to
the changes adopted by the Financial Industry Regulatory Authority,
Inc. (``FINRA'') for research analysts and research reports as required
by the Jumpstart our Business Startups Act (the ``JOBS Act'').\4\ The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ Public Law 112-106, 126 Stat. 306.
---------------------------------------------------------------------------

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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 472, which addresses
communications with the public, to adopt new rule text to conform to
the changes adopted by FINRA for research analysts and research reports
as required by the JOBS Act.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68037 (October 11,
2012), 77 FR 63908 (October 17, 2012) (SR-FINRA-2012-045). See also
FINRA Regulatory Notice 12-49.
---------------------------------------------------------------------------

Background

    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the
Securities Exchange Act of 1934, as amended (the ``Act''), NYSE, NYSER
and FINRA entered into an agreement (the ``Agreement'') to reduce
regulatory duplication for their members by allocating to FINRA certain
regulatory responsibilities for certain NYSE rules and rule
interpretations (``FINRA Incorporated NYSE Rules''). NYSE MKT LLC
(``NYSE MKT'') became a party to the Agreement effective December 15,
2008.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the Agreement);
56147 (July 26, 2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-
054) (order approving the incorporation of certain NYSE Rules as
``Common Rules''); and 60409 (July 30, 2009), 74 FR 39353 (August 6,
2009) (order approving the amended and restated Agreement, adding
NYSE MKT LLC as a party). Paragraph 2(b) of the Agreement sets forth
procedures regarding proposed changes by FINRA, NYSE or NYSE MKT to
the substance of any of the Common Rules.
---------------------------------------------------------------------------

    As part of its effort to reduce regulatory duplication and relieve
firms that are members of FINRA, NYSE and NYSE MKT of conflicting or
unnecessary regulatory burdens, FINRA is now engaged in the process of
reviewing and amending the NASD and FINRA Incorporated NYSE Rules in
order to create a consolidated FINRA rulebook.\7\
---------------------------------------------------------------------------

    \7\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.

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

Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 472 to adopt new rule text
to conform to the changes adopted by FINRA for research analysts and
research reports in NASD Rule 2711 and FINRA Incorporated NYSE Rule
472. FINRA amended these rules primarily to conform to the requirements
of the JOBS Act. The proposed changes to NYSE Rule 472 are identical to
the changes FINRA made to FINRA Incorporated NYSE Rule 472.
    The JOBS Act was signed into law on April 5, 2012. Among other
things, the JOBS Act is intended to help facilitate capital formation
for ``emerging growth companies'' (``EGCs'') by improving the
information flow about EGCs to investors. To that end, Section 105(b)
of the JOBS Act amended Section 15D of the Act to prohibit the
Commission or any national securities association from adopting or
maintaining any rule or regulation in connection with an initial public
offering (``IPO'') of an EGC that:
     Restricts, based on functional role, which associated
persons of a broker, dealer or member of a national securities
association, may arrange for communications between an analyst and a
potential investor; or
     Restricts a securities analyst from participating in any
communication with the management of an EGC that is also attended by
any other associated person of a broker, dealer, or member of a
national securities association whose functional role is other than as
a securities analyst.
    Section 105(d) further prohibits the Commission or any national
securities association from adopting or maintaining any rule or
regulation that prohibits a broker or dealer from publishing or
distributing any research report or making a public appearance, with
respect to the securities of an EGC either:
     Within any prescribed period of time following the IPO
date of the EGC; or
     Within any prescribed period of time prior to the
expiration date of any agreement between the broker, dealer, or member
of a national securities association and the EGC or its shareholders
that restricts or prohibits the sale of securities held by the EGC or
its shareholders after the IPO date.
    These provisions became effective upon signature of the President
of the United States on April 5, 2012. On August 22, 2012, the SEC's
Division of Trading and Markets provided guidance on these provisions
in the form of Frequently Asked Questions (``FAQs'').\8\ The Exchange
is amending NYSE Rule 472 to conform with FINRA's amendments to the
applicable provisions of NASD Rule 2711 and FINRA Incorporated NYSE
Rule 472 to conform to the JOBS Act and the SEC staff's guidance with
regard to the applicable JOBS Act provisions. The SEC staff guidance
interprets the JOBS Act provisions as applicable to FINRA Incorporated
NYSE Rule 472 to the same extent as NASD Rule 2711. As such, FINRA made
corresponding amendments to Incorporated NYSE Rule 472. The proposed
rule change corresponds identically to FINRA's amendments to FINRA
Incorporated NYSE Rule 472.\9\
---------------------------------------------------------------------------

    \8\ These FAQs are available at http://www.sec.gov/divisions/marketreg/tmjobsact-researchanalystsfaq.htm.
    \9\ See supra note 5.
---------------------------------------------------------------------------

Arranging and Participating in Communications

    NYSE Rule 472(b)(5) prohibits a research analyst from participating
``in efforts to solicit investment banking business,'' including any
``pitches'' for investment banking business or other communications
with companies for the purpose of soliciting investment banking
business. The FAQs interpret the JOBS Act to now allow, in connection
with an IPO of an EGC, research analysts to attend meetings with issuer
management that are also attended by investment banking personnel,
including pitch meetings, but not ``engage in otherwise prohibited
conduct in such meetings,'' including ``efforts to solicit investment
banking business.'' The FAQs further explain that a research analyst
that attends a pitch meeting ``could, for example, introduce
themselves, outline their research program and the types of factors
that the analyst would consider in his or her analysis of a company,
and ask follow-up questions to better understand a factual statement
made by the [EGC's] management.'' Accordingly, the proposed rule change
creates an exception to NYSE Rule 472(b)(5) to reflect this guidance
regarding the application of the JOBS Act.
    The FAQs state that under Section 105(b) of the JOBS Act, an
associated person of a broker-dealer, including investment banking
personnel, may arrange communications between research analysts and
investors in connection with an IPO of an EGC. As an example, the FAQs
state that an investment banker could forward a list of clients to a
research analyst that the analyst could, ``at his or her own discretion
and with appropriate controls, contact.'' The FAQs acknowledge that no
self-regulatory organization, including the Exchange, has a rule
directly prohibiting this activity and further states that such
activity, without more, would not constitute conduct by investment
banking personnel to directly or indirectly direct a research analyst
to engage in sales or marketing efforts related to an investment
banking services transaction, in violation of NYSE Rule
472(b)(6)(ii).\10\ Accordingly, this JOBS Act provision requires no
conforming rule change.
---------------------------------------------------------------------------

    \10\ See supra note 8. In 2003 and 2004, the Commission, self-
regulatory organizations, and other regulators instituted settled
enforcement actions against 12 broker-dealers to address conflicts
of interest between the firms' research and investment banking
functions (``Global Settlement''). As the guidance point out, firms
subject to the Global Settlement should also be mindful of the
requirements of that court order as they remain in place.
---------------------------------------------------------------------------

Quiet Periods

    Section 105(d) of the JOBS Act expressly permits publication of
research and public appearances with respect to the securities of an
EGC any time after the IPO of an EGC or prior to the expiration of any
lock-up agreement. While the JOBS Act refers only to the ``expiration''
of a lock-up agreement, the FAQs note the Commission staff's belief
that Congress intended for the JOBS Act provisions to apply equally to
the period before a ``waiver'' or ``termination'' of a lock-up
agreement. Thus, in accordance with SEC staff guidance on this JOBS Act
provision, the proposed rule change amends NYSE Rule 472 to eliminate
the following quiet periods with respect to an IPO of an EGC:
     NYSE Rule 472(f)(1), which imposes a 40-day quiet period
after an IPO on a member organization that acts as a manager or co-
manager of such IPO;
     NYSE Rule 472(f)(3), which imposes a 25-day quiet period
after an IPO on a member organization that participates as an
underwriter or dealer (other than manager or co-manager) of such an
IPO; and
     NYSE Rule 472(f)(4) with respect to the 15-day quiet
period applicable to IPO managers and co-managers prior to the
expiration, waiver, or termination of a lock-up agreement or any other
agreement that such member organization has entered into with a subject
company or its shareholders that restricts or prohibits the sale of
securities held by the subject company

or its shareholders after the completion of an IPO.
    The FAQs note that the JOBS Act makes no reference to quiet periods
after a secondary offering or during a period of time after expiration,
termination or waiver of a lock-up agreement. Accordingly, the FAQs
note that NYSE Rule 472(f)(2), which imposes a 10-day quiet period on
managers and co-managers following a secondary offering and the
remaining portion of NYSE Rule 472(f)(4) relating to quiet periods
after the expiration, termination or waiver of a lock-up agreement,
remain fully in effect. Nonetheless, the FAQs express the SEC staff's
belief that the policies underlying the JOBS Act are equally applicable
to quiet periods during these other times. The Exchange agrees that
elimination of those quiet periods would advance the policy objectives
of the JOBS Act and therefore has proposed to amend NYSE Rule 472(f)
accordingly.
    The Exchange also proposes to make a non-substantive change to
correct the existing text of current NYSE Rule 472(f)(6), which would
become NYSE Rule 472(f)(7) as a result of the proposed changes
described above.
2. Statutory Basis
    The Exchange believes that the proposed change is consistent with
Section 6(b) of the Act,\11\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\12\ in particular, because 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 regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to, and perfect the mechanisms of,
a free and open market and a national market system.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed changes to NYSE Rules 472(b)(5), (f)(1), (f)(3) and
(f)(4) (with respect to the 15-day quiet period before the expiration,
termination or waiver of a lock-up agreement) conform those rules to
statutory mandates. The proposed additional changes to NYSE Rules
472(f)(2) and (f)(4) further the policies underlying the statutory
mandates by improving information flow to investors with respect to
EGCs without sacrificing the reliability of research reports, as the
other objectivity safeguards in NYSE Rule 472 and SEC Regulation AC
\13\ are effective and will continue to apply. In addition, the
Exchange believes that the proposed rule changes will remove
impediments to and perfect the mechanisms of a free and open market and
a national market system not only because it will conform Exchange
rules to statutory mandates, but also because it will harmonize
Exchange rules with identical FINRA rules.
---------------------------------------------------------------------------

    \13\ 17 CFR 242.500-05.
---------------------------------------------------------------------------

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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\16\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 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 the filing of the proposed rule change, or such shorter
time as designated by the Commission. The Exchange has satisfied
this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission hereby
grants the request.\19\ Waiving the 30-day operative delay will allow
the Exchange to conform its rules to statutory mandates and harmonize
Exchange rules with identical FINRA rules. The Commission believes it
is consistent with the protection of investors and the public interest
to waive the 30-day operative delay and, therefore, designates the
proposal as operative upon filing.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2012-70 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2012-70. 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 Section, 100 F Street NE., Washington, DC 20549-1090. Copies
of the filing will also be available for inspection and copying at the
NYSE's principal office and on its Internet Web site at www.nyse.com.
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-NYSE-2012-70
and should be submitted on or before January 2, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29852 Filed 12-10-12; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 21, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 1996-1479

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  TRANSPORTACION AEREA del NORTE, S.A. de C.V.
 Date Filed:  November 4, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charters in accordance
with 14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  November 5, 2002, in this
Docket.

Applicant representative:  Eugene E. Smith,<PHONE_NUMBER>         DOT
analyst:  Allen Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved
                                            Action date:  November 21,
2003

Effective dates of authority granted:  November 21, 2003, through
November 21, 2004

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

     X  Standard exemption conditions.

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S.-Mexico Agreement.  In the conduct of these
operations, the carrier may only use aircraft capable of carrying no
more than 60 passengers and having a maximum payload capacity of no more
than 18,000 pounds (small equipment).  The above grant includes
authority to conduct Third and Fourth Freedom charter operations.  While
we have subjected, consistent with the provisions of the Agreement,
Mexican carriers conducting charter operations with large aircraft to
prior approval or submission of notice for their Third and Fourth
Freedom charters, we determined that any such requirement was not
necessary on public interest grounds in this case, since the carrier
will be conducting these operations solely with small aircraft.  (Other
charter operations to/from the United States under this authority,
however, are subject to prior approval under 14 CFR Part 212.)  Further,
we are continuing to allow Mexican carriers conducting passenger
charters using small equipment to make stopovers in the United States in
the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will
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[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Notices]
[Page 1205-1206]
[DOCID:fr12ja09-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-429-000]

Sheldon Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

January 5, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Sheldon Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426, in accordance with Rules 211
and 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.211 and 385.214). Anyone filing a motion to intervene or protest
must serve a copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is January 27, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-249 Filed 1-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Page 48513]
[FR Doc No: 2012-19869]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14414-000]

Water Asset Management, Inc.; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions to
Intervene, and Competing Applications

    On June 6, 2012, Water Asset Management, Inc., New York, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Winnemucca Farms West Pumped Storage Project to be located on the
Humboldt River near the town of Paradise Valley, Humboldt County,
Nevada. The project would affect federal lands administered by the
Bureau of Land Management. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) A 7,835-
acre-foot upper reservoir, formed by a 250-foot-high, rockfill
earthwork impoundment, with a total storage capacity of 6,000 acre-feet
and a water surface area of 101 acres at full pool elevation of 5,295
feet above mean sea level (msl); (2) a 10,230-acre-foot lower
reservoir, formed by an 80-foot-high, rockfill earthwork impoundment,
with a total storage capacity of 9,350 acre-feet and a water surface
area of 204 acres at full pool elevation of 4,385 feet msl; (3) a
concrete-lined penstock furcating upstream of the powerhouse to steel-
lined penstocks connecting to the pumping units, and a concrete-lined
tailrace connecting to the lower reservoir; (4) an underground
powerhouse, with vertical Francis-type single-stage pump-turbines
totaling 400 megawatts (MW) (2 units x 200 MW) of generating capacity.
The annual energy output would be approximately 237,120 megawatthours.
Interconnection would be provided at either: (1) a 25-mile-long,
overhead single-circuit 345-kilovolt line owned by subsidiaries of NV
Energy, Inc.; or (2) construct a local substation to allow for a joint
connection with the sister Winnemucca Farms East site project.\1\
---------------------------------------------------------------------------

    \1\ Water Asset Management, Inc., Winnemucca Farms East Pump
Storage Project, FERC Project No. 14422-000
---------------------------------------------------------------------------

    Applicant Contact: Disque Dean, Jr., Water Asset Management, Inc.,
509 Madison Avenue, Suite 804, New York, NY 10022; phone (212) 754-
5101.
    FERC Contact: Brian Csernak; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14414) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: August 8, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19869 Filed 8-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Page 63477]
[FR Doc No: 2016-22202]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EC16-178-000.
    Applicants: Wisconsin River Power Company, Wisconsin Public Service
Corporation, Wisconsin Power and Light Company.
    Description: Application of Wisconsin River Power Company, et al.
for Approval of Transaction Under Section 203(a)(1) of the Federal
Power Act.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5322.
    Comments Due: 5 p.m. ET 9/30/16.

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

    Docket Numbers: ER10-3140-026.
    Applicants: Birchwood Power Partners, L.P., Shady Hills Power
Company, L.L.C., EFS Parlin Holdings, LLC, Inland Empire Energy Center,
LLC, Homer City Generation, L.P.
    Description: Supplement to June 28, 2016 Triennial Market Power
Analysis of Inland Empire Energy Center, LLC.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5198.
    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: ER11-3013-006; ER10-2870-007; ER10-2865-007.
    Applicants: Coolidge Power LLC, TransCanada Power Marketing Ltd,
TransCanada Energy Sales Ltd.
    Description: Second Amendment to June 28, 2016 Updated Market Power
Analysis for the Southwest Region of the TransCanada Entities et al.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5226.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-2571-000.
    Applicants: New York State Electric & Gas Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: SA No. 2298 CRA between
NYSEG and Penelec to be effective 8/19/2016.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5199.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-2572-000.
    Applicants: American Transmission Systems, Incorporated,
Metropolitan Edison Company, Pennsylvania Electric Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
Nos. 4480, 4481, 4482, 4483, 4484, 4532, and 4533 to be effective 10/1/
2016.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5235.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-2573-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 4527
and Notice of Cancellation to be effective 8/10/2016.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5242.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-2574-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Notice of Cancellation of
Service Agreement No. 3780, Queue No. W4-045 to be effective 7/26/2016.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5250.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-2575-000.
    Applicants: New England Power Company.
    Description: Tariff Cancellation: Notice of Cancellation of
Superseded Agreements with Wheelabrator Saugus Inc. to be effective 11/
9/2016.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5270.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-2576-000.
    Applicants: UGI Energy Services, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession to be
effective 10/1/2013.
    Filed Date: 9/9/16.
    Accession Number: 20160909-5295.
    Comments Due: 5 p.m. ET 9/30/16.

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

    Dated: September 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-22202 Filed 9-14-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10331-10332]
[DOCID:fr05mr10-141]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of: Amalgamated Explorations, Inc., Areawide
Cellular, Inc., Genomed, Inc., Global Maintech Corp., Military Resale
Group, Inc., Verado Holdings, Inc., and World Transport Authority,
Inc.; Order of Suspension of Trading

    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Amalgamated Explorations, Inc. because it has not filed any periodic
reports since the period ended March 31, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Areawide Cellular, Inc. because it has not filed any periodic reports
since the period ended September 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Genomed, Inc. because it has not filed any periodic reports since the
period ended March 31, 2005.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Global Maintech Corp. because it has not filed any periodic reports
since the period ended December 31, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Military Resale Group, Inc. because it has not filed any periodic
reports since the period ended September 30, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Verado Holdings, Inc. because it has not filed any periodic reports
since the period ended September 30, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
World Transport Authority, Inc. because it has not filed any periodic
reports since the period ended March 31, 2004.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-

listed companies is suspended for the period from 9:30 a.m. EST on
March 3, 2010, through 11:59 p.m. EDT on March 16, 2010.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-4801 Filed 3-3-10; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Rules and Regulations]
[Pages 25139-25140]
[FR Doc No: 2022-09067]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0676; Airspace Docket No. 21-AWP-33]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route Q-15;
Western United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends United States Area Navigation (RNAV) route
Q-15 in order to safely segregate overflight, arrival and departure
traffic, and military operations in the high altitude airspace between
Las Vegas, NV and Phoenix, AZ.

DATES: Effective date 0901 UTC, July 14, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 modifies the air traffic service route structure in the
north central United States to maintain the efficient flow of air
traffic.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2021-0676 in the Federal Register (86 FR 48345; August 30, 2021),
amending RNAV route Q-15 in high altitude airspace between Las Vegas,
NV and Phoenix, AZ. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. There
was one comment received that was not germane to the action and will
not be summarized here.

Differences From the NPRM

    In the NPRM published in the Federal Register (86 FR 48345; August
30, 2021), the proposal section specified that RNAV routes are
published in paragraph 6009 of FAA Order 7400.11E dated July 21, 2020
and effective September 15, 2020. The paragraph referenced is incorrect
and should reference paragraph 2006. This rule corrects that error.
    United States Area Navigation Routes are published in paragraph
2006 of FAA Order JO 7400.11F dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The United States Area Navigation Route listed in this document will be
published subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending RNAV route Q-15 in
order to safely segregate overflight, arrival and departure traffic,
and military operations in the high altitude airspace between Las
Vegas, NV and Phoenix, AZ.
    RNAV route Q-15 currently terminates at the CHILY, AZ, waypoint
(WP), just west of Prescott Regional Airport (PRC), Prescott, AZ.
Extending Q-15 from the CHILY, AZ, WP to the NABOB, AZ, Fix is to
provide air traffic controllers, through automation and industry
outreach, one direction airways in that area for Q-13 and Q-15 between
WPs where both would intersect between the NABOB, AZ, Fix and the
HOUZZ, NV, WP. This allows traffic traveling southeast from the HOUZZ,
NV, WP to the NABOB, AZ, Fix to utilize RNAV route Q-13 and traffic
traveling northwest to utilize RNAV route Q-15, allowing for a smoother
traffic flow in that area.
    Q-15: For route Q-15 the FAA is adding an extension to the route
from the NABOB, AZ, Fix to the CHILY, AZ, WP. The rest of the route
remains unchanged.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial

number of small entities under the criteria of the Regulatory
Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of amending RNAV
route Q-15 between Las Vegas, NV and Phoenix, AZ qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points). As such, this action is not expected to result in any
potentially significant environmental impacts. In accordance with FAA
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the
FAA has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. Accordingly, the FAA
has determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment or environmental impact
study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-15 NABOR, AZ to LOMIA, NV [Amended]

NABOB, AZ                     Fix                 (Lat. 34[deg]19'40.60'' N, long. 111[deg]18'53.90'' W)
CHILY, AZ                     WP                  (Lat. 34[deg]42'48.61'' N, long. 112[deg]45'42.27'' W)
DOVEE, NV                     WP                  (Lat. 35[deg]26'51.07'' N, long. 114[deg]48'00.94'' W)
SOTOO, NV                     WP                  (Lat. 36[deg]17'22.55'' N, long. 116[deg]13'14.12'' W)
HOUZZ, NV                     WP                  (Lat. 36[deg]36'43.75'' N, long. 116[deg]36'37.60'' W)
FUULL, NV                     WP                  (Lat. 37[deg]16'52.93'' N, long. 117[deg]10'13.96'' W)
SKANN, NV                     WP                  (Lat. 37[deg]22'52.68'' N, long. 117[deg]15'54.53'' W)
LOMIA, NV                     WP                  (Lat. 39[deg]13'11.57'' N, long. 119[deg]06'22.95'' W)

* * * * *

    Issued in Washington, DC, on April 20, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-09067 Filed 4-27-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24027-24029]
[FR Doc No: 2016-09432]

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

40 CFR Part 52

[EPA-R03-OAR-2015-0112; FRL-9945-45-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment
Area for the 2008 Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The revision demonstrates attainment of
the 2008 lead national ambient air quality standards (NAAQS) in the
Lower Beaver Valley nonattainment area (Lower Beaver Valley Area or
Area). The attainment plan includes the base year emissions inventory,
an analysis of reasonably available control technology (RACT),
reasonably available control measures (RACM) and reasonable further
progress (RFP), a modeling demonstration of attainment, and contingency
measures for the Area. EPA is approving Pennsylvania's lead attainment
plan for the Lower Beaver Valley Area as a revision to Pennsylvania's
SIP in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on May 25, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0112. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov or may be viewed during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 20, 2016 (81 FR 3078), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of a revision to Pennsylvania's SIP for the
purpose of demonstrating attainment of the 2008 lead NAAQS in the Lower
Beaver Valley Area. The formal SIP revision was submitted by
Pennsylvania on January 15, 2015.
    On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS,
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to
0.15 [mu]g/m\3\ calculated over a three-month rolling average.
Following promulgation of a new or revised NAAQS, EPA is required by
the CAA to designate areas throughout the United States as attaining or
not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA.
    On November 22, 2010 (75 FR 71033), EPA designated Vanport and
Potter Townships in Beaver County, Pennsylvania as the Lower Beaver
Valley Area for its nonattainment status with respect to the 2008 lead
NAAQS. On November 22, 2011 (76 FR 72097), EPA revised the Lower Beaver
Valley Area boundary to include Center Township. The designation of the
Lower Beaver Valley Area as nonattainment for the 2008 lead NAAQS
triggered requirements under section 191(a) of the CAA, requiring
Pennsylvania to submit a SIP revision with a plan for how the Area will
attain the 2008 lead NAAQS, as expeditiously as practicable, but no
later than December 31, 2015.\1\
---------------------------------------------------------------------------

    \1\ EPA determined that extension of the Lower Beaver Valley
nonattainment area did not affect the required attainment date or
SIP submission deadline for the Area. See 76 FR 72097 (November 22,
2011).
---------------------------------------------------------------------------

    Section 179(a)(1) of the CAA establishes specific consequences if
EPA finds that a state has failed to submit a SIP or, with regard to a
submitted SIP, if EPA determines it is incomplete or if EPA disapproves
it. Additionally, any of these findings also triggers an obligation for
EPA to promulgate a federal implementation plan (FIP) if the state has
not submitted, and EPA has not approved, the required SIP within 2
years of the finding pursuant to section 110(c) of the CAA. On February
25, 2014, the EPA issued a finding that Pennsylvania failed to make the
required nonattainment SIP submission for the Lower Beaver Valley Area.
79 FR 10391. With this final approval of Pennsylvania's Lower Beaver
Valley attainment plan SIP in accordance with section 172(c) of the
CAA, EPA no longer has any obligation to issue a FIP for the Lower
Beaver Valley Area in accordance with section 110(c) of the CAA.

II. Summary of SIP Revision

    On January 15, 2015, Pennsylvania through the Department of
Environmental Protection (PADEP) submitted an attainment plan for the
Lower Beaver Valley Area as a SIP revision which includes a base year
emissions inventory, an attainment demonstration, an analysis of RACM
and RACT, provisions for RFP, and contingency measures. The SIP
revision also includes as attainment control measures certain
provisions of a November 21, 2012 consent order and agreement (COA)
(specifically including paragraphs 3, 5, and 6) between PADEP and
Horsehead Corporation (Horsehead), the largest source of lead in the
Area at the time of designations. Pennsylvania's attainment
demonstration relied primarily on the emissions reductions achieved by
the shutdown of the smelter equipment at Horsehead, as required by the
COA. EPA's analysis of the submitted attainment plan includes a review
of

these elements for the Lower Beaver Valley Area.
    EPA's approval of the attainment plan is based on the Agency's
finding that the Area meets all applicable lead NAAQS attainment plan
requirements under CAA sections 172, 191, and 192. Due to monitored
ambient air quality violations in 2013 and 2014, the Area did not
attain the lead NAAQS by the applicable attainment date of December
2015. However, closure of Horsehead in 2014 as required per the COA
will facilitate attainment of the 2008 lead NAAQS by 2017. EPA is
approving the attainment year emissions inventory submitted with the
plan, as well as the RACM/RACT and RFP analyses, the attainment
demonstration including modeling, and the contingency measures for the
Lower Beaver Valley Area.
    Other specific requirements of the SIP submittal attainment plan
for the Lower Beaver Valley Area and the rationale for EPA's proposed
action are explained in the NPR and its accompanying Technical Support
Documents (TSDs) and will not be restated here. No public comments were
received on the NPR.

III. Final Action

    EPA is approving the lead attainment plan for the Lower Beaver
Valley Area as a revision to the Pennsylvania SIP, as submitted on
January 15, 2015, including the attainment demonstration, base year
emissions inventory, RACM/RACT and RFP analyses, contingency measures
and paragraphs 3,5 and 6 of the COA between PADEP and Horsehead
provided as attainment control measures. EPA has determined that the
January 15, 2015 SIP revision meets the applicable requirements of the
CAA. With EPA's final approval of Pennsylvania's Lower Beaver Valley
Area attainment plan as a SIP revision, EPA no longer has any
obligation to promulgate a FIP for the Area pursuant to sections 110(c)
or 172(c) of the CAA.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 June 24, 2016. 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 approving Pennsylvania's SIP revision containing
the attainment plan for the 2008 lead NAAQS in the Lower Beaver Valley
Area 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, Lead.

    Dated: April 6, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``2008 Lead Attainment Plan'' at the end of the table to read
as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 Lead Attainment Plan........  Lower Beaver Valley         1/15/15  4/25/16, [Insert     See Sec.  Sec.
                                    Area.                                Federal Register     52.2036(aa) and
                                                                         citation].           52.2055(c).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding paragraph (aa) to read as
follows:

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (aa) EPA approves as a revision to the Pennsylvania state
implementation plan the 2010 base year emissions inventory for the
Lower Beaver Valley, Pennsylvania nonattainment area for the 2008 lead
NAAQS. This SIP revision was submitted by the Pennsylvania Department
of Environmental Protection on January 15, 2015. This submittal
includes the 2010 base year emissions inventory for all relevant
sources in the Lower Beaver Valley nonattainment area for the pollutant
lead.

0
4. Section 52.2055 is amended by adding paragraph (c) to read as
follows:

Sec.  52.2055  Control strategy: Lead.

* * * * *
    (c) EPA approves the state implementation plan for the Lower Beaver
Valley, Pennsylvania nonattainment area for the 2008 lead NAAQS. This
SIP revision includes reasonably available control measures, reasonably
available control technology, contingency measures, and an attainment
demonstration submitted by the Pennsylvania Department of Environmental
Protection on January 15, 2015.

[FR Doc. 2016-09432 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P