[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29222-29226]
[FR Doc No: 2022-10315]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0991; Airspace Docket No. 21-ASO-7]
RIN 2120-AA66

Amendment and Establishment of Area Navigation (RNAV) Routes;
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends 3 low altitude United States Area
Navigation (RNAV) routes, designated T-224, T-258, T-323, and
establishes 9 new low altitude RNAV routes, designated T-404, T-406, T-
410, T-412, T-414, T-423, T-425, T-427, and T-429, in the eastern
United States. The routes enhance the efficiency of the National
Airspace System (NAS) by expanding the availability of RNAV routing and
supporting the transition of the NAS from ground-based to satellite-
based navigation, under the VHF Omnidirectional Range (VOR) Minimum
Operational Network (MON) program.

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: Paul Gallant, 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 route structure as necessary to preserve
the safe and efficient flow of air traffic within the NAS.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0991, in the Federal Register (86 FR 67373; November 26,
2021), amending 3, and establishing 10 low altitude RNAV routes in the
eastern United States. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal. No comments were received.
    United States RNAV are published in paragraph 6011 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 RNAV routes
listed in this document would be subsequently published in FAA Order JO
7400.11.

Differences From the NPRM

    The description of T-323 in the regulatory text of the NPRM
differed from that contained in the preamble text. A number of points
were inadvertently omitted from the route description and four points
were incorrectly stated as removed from the route. Specifically, the
LRSEY, GA, waypoint (WP) was not stated as added in the preamble
discussion, but it was included in the regulatory text. The preamble
incorrectly stated that the following four WPs would be removed from
the route: BOBBR, GA; BIGNN, GA; ZADOT, TN; and WELLA, KY. However, as
an unintended consequence, this would result in a higher minimum
enroute altitude requirement for segments of the route, which would
adversely affect efficiency. Therefore, these points are reinserted in
the description of T-323 as described below.
    The NPRM also proposed to establish T-408 to extend between the
NOKIE, GA, WP, and the TBERT, SC WP. The FAA has decided to delay the
implementation of T-408 until a later date, therefore T-408 is removed
from this action.

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 3 low altitude RNAV
routes, designated T-224, T-258, T-323, and establishing 9 new RNAV
routes, designated T-404, T-406, T-410, T-412, T-414, T-423, T-425, T-
427, and T-429, in the eastern United States. The purpose of the routes
is to expand the availability of RNAV and improve the efficiency of the
NAS by supporting the transition of the NAS from ground-based to
satellite-based navigation, under the VOR MON program. The following is
a general description of the proposed routes.
    T-224: T-224 currently extends between the Palacios, TX, (PSX) VOR
and Tactical Air Navigational System (VORTAC), and the Lake Charles,
LA, (LCH) VORTAC. This amendment extends T-224 to the northeast to a
new end point at the existing COLIN, VA, FIX. The amended route
generally overlies VOR Federal airway V-20 between the Lake Charles
VORTAC and the COLIN, VA, FIX. Due to the planned decommissioning of
various VORs under the VOR MON Program, the following WPs are used in
the T-224 description in place of the VORs. The SHWNN, TX, WP replaces
the Beaumont, TX (BPT) VOR/Distance Measuring Equipment (DME). The Lake
Charles VORTAC is replaced by the KNZLY, LA, WP. The DAFLY, LA, WP
replaces the Lafayette, LA, (LFT) VORTAC. The KJAAY, LA, WP replaces
the Reserve, LA, (RQR) VOR/DME. The

WTERS, MS, WP replaces the Gulfport, MS, (GPT) VORTAC. The LYNRD, AL,
WP replaces the SEMMES, AL, (SJI) VORTAC. The WIILL, AL, WP replaces
the Monroeville, AL, (MCV) VORTAC. The MGMRY, AL, WP replaces the
Montgomery, AL, (MGM) VORTAC. The RSVLT, GA, WP replaces the Columbus,
GA, (CGS) VORTAC. The UGAAA, GA, WP replaces the Athens, GA, (AHN) VOR/
DME. The ECITY, SC, WP replaces the Electric City, SC, (ELW) VORTAC.
The STYLZ, NC, WP replaces the Sugarloaf Mountain, NC, (SUG) VORTAC.
The BONZE, NC, WP replaces the Barretts Mountain, NC, (BZM) VOR/DME.
The MCDON, VA, WP replaces the South Boston, VA, (SBV) VORTAC. As
amended, T-224 extends between the Palacios, TX, (PSX) VORTAC, and the
COLIN, VA, FIX.
    T-258: T-258 currently extends between the MINIM, AL, FIX, and the
CANER, GA, FIX. This amendment extends T-258 easterly to the GMINI, NC,
FIX. T-258 overlies VOR Federal Airway V-66 between the CANER, GA, FIX,
and the GMINI, NC, WP. In support of the transition from ground-based
to satellite-based navigation, WPs are used to replace VORTACs in the
T-258 route description as follows. The DAYVS, AL, WP replaces the
Brookwood, AL, (OKW) VORTAC. The BRAVS, GA, WP replaces the La Grange,
GA, (LGC) VORTAC. The UGAAA, GA, WP replaces the Athens, GA, (AHN)
VORTAC. The HRTWL, SC, WP replaces the Greenwood, SC, (GRD) VORTAC. The
GMINI, NC, WP replaces the Sandhills, NC, (SDZ) VORTAC. As amended, T-
258 extends between the MINIM, AL, FIX, and the GMINI, NC, WP.
    T-323: T-323 currently extends between the CROCS, GA, WP, and the
Hazard, KY, (AZQ) DME. This amend extends T-323 southward from the
CROCS, GA, WP to a new starting point at the MARQO, FL, WP (located
adjacent to the Taylor, FL, (TAY) VORTAC). The DACEL, KY, WP replaces
the Hazard DME as the route end point. The following WPs and one FIX
are added to the route: LRSEY, GA; HELNN, NC; OCOEE, NC; CRECY, TN; and
the KNITS, TN, FIX. The ZPPLN, NC; HIGGI, NC; and KIDBE, TN WPs are
removed from the route. Contrary to the proposal in the NPRM, the
ZADOT, TN; WELLA, KY; BOBBR, GA; and BIGNN, GA, WPs are retained in the
T-323 route description. As amended, T-323 extends between the MARQO,
FL, WP, and the DACEL, KY, WP.
    T-404: T-404 is a new route that extends from the TYGRR, AL, WP,
(60 feet northeast of the Eufaula, AL, (EUF) VORTAC), eastward to the
CAYCE, SC, WP (60 feet west of the Columbia, SC, (CAE) VORTAC). T-404
overlies VOR Federal airway V-323 between the Eufaula VORTAC, and the
Macon, GA, (MCN) VORTAC; and VOR Federal airway V-56 from the Macon,
GA, (MCN) VORTAC to the Columbia, SC, (CAE) VORTAC. In T-404
description, the TYGRR WP replaces the Eufaula VORTAC. The NOKIE, GA,
WP replaces the Macon VORTAC. The WANSA, SC, WP replaces the Colliers,
SC, (IRQ) VORTAC. The CAYCE, SC, WP replaces the Columbia, SC, (CAE)
VORTAC.
    T-406: T-406 is a new route that extends from the KNZLY, LA, WP
(replacing the Lake Charles, LA, (LCH) VORTAC), eastward to the DURBE,
SC, WP (replacing the Allendale, SC, (ALD) VOR). The route essentially
overlies VOR Federal airway V-70.
    T-410: T-410 is a new route that extends from the existing SINCA,
GA, FIX (located 23 nautical miles (NM) north of the Macon, GA, (MCN)
VORTAC), eastward to the WANSA, SC, WP (replacing the Colliers, SC,
(IRQ) VORTAC), then continuing to the existing WIDER, SC, FIX (located
21 NM northwest of the Columbia, SC, (CAE) VORTAC. T-410 overlies those
segments of VOR Federal airway V-155 between the SINCA FIX and the
WIDER FIX.
    T-412: T-412 is a new route that extends from the KNZLY, LA, WP,
(replacing the Lake Charles, LA, (LCH) VORTAC), eastward to the TIROE,
GA, FIX (60 feet southwest of the Colliers, SC, (IRQ) VORTAC). The
route overlies those segments of VOR Federal airway V-222 that extend
between the Lake Charles VORTAC and the TIROE FIX.
    T-414: T-414 is a new route that extends between the existing
LOGEN, GA, FIX (located 29 NM northeast of the Atlanta, GA, (ATL)
VORTAC), and the BOJAR, VA, FIX (.55 NM northwest of the Lynchburg, VA,
(LYH) VORTAC). The route overlies those segments of VOR Federal airway
V-222 that extend between the LOGEN FIX and the BOJAR FIX.
    T-423: T-423 is a new route that extends between the STYLZ, NC, WP,
(replacing the Sugarloaf Mountain, NC, (SUG) VORTAC), and the
Charleston, WV, (HVQ) VOR/DME. The route overlies those segments of VOR
Federal airway V-35 that extend between the Sugarloaf Mountain VORTAC,
and the Charleston VORTAC.
    T-425: T-425 is a new route that extends between the SIROC, GA, WP,
(replacing the Brunswick, GA, (SSI) VORTAC), and the HUSKY, GA, FIX.
The route overlies VOR Federal airway V-362 between the Brunswick
VORTAC and the HABLE, GA, FIX. It overlies airway V-179 between the
RIPPI, GA, FIX and the HUSKY, GA, FIX. T-425 also parallels V-179
between the CROCS, GA, WP and the RIPPI FIX. Additionally, it parallels
VOR Federal airway V-267 between the HABLE, GA, FIX and the CROCS, GA,
WP.
    T-427: T-427 is a new route that extends from the CAYCE, SC, WP
(replaces the Columbia, SC, (CAE) VORTAC), westward to the UGAAA, GA,
WP (replaces the Athens, GA, (AHN) VORTAC), to the WOMAC, GA, FIX, and
terminating at LOGEN, GA, FIX. The route overlies VOR Federal airway V-
325.
    T-429: T-429 is a new route that extends from the HOKES, AL, FIX (5
NM southeast of the Gadsden, AL, (GAD) VOR/DME) westward to the HAGIE,
AL, WP (replaces the Muscle Shoals, AL, (MSL) VORTAC). T-429 overlies
those segments of VOR Federal airway V-325 that extend between the
Gadsden VOR/DME and the Muscle Shoals VORTAC.
    The full legal descriptions of the above routes are listed in ``The
Amendment'' section, below. These changes provide RNAV routing to
supplement VOR Federal airways that will be impacted by the VOR MON
program, and support the transition to a more efficient Performance
Based Navigation route structure.
    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 action of amending 3 low altitude
United States Area Navigation (RNAV) routes, designated T-224, T-258,
T-323, and establishes 9 new low altitude

RNAV routes, designated T-404, T-406, T-410, T-412, T-414, T-423, T-
425, T-427, and T-429, in the eastern United States, in support of
efforts to transition the NAS from ground-based to satellite-based
navigation, 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); and paragraph 5-6.5b, which
categorically excludes from further environmental impact review
``Actions regarding establishment of jet routes and Federal airways
(see 14 CFR 71.15, Designation of jet routes and VOR Federal airways) .
. .''. 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.

List 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 6011 United States Area Navigation Routes.

* * * * *

T-224 PALACIOS, TX (PSX) to COLIN, VA [Amended]

Palacios, TX (PSX)                              VORTAC                         (Lat. 28[deg]45'51.93'' N, long. 096[deg]18'22.25'' W)
MOLLR, TX                                       WP                             (Lat. 29[deg]39'20.23'' N, long. 095[deg]16'35.83'' W)
SHWNN, TX                                       WP                             (Lat. 29[deg]56'45.94'' N, long. 094[deg]00'57.73'' W)
WASPY, LA                                       FIX                            (Lat. 30[deg]01'33.88'' N, long. 093[deg]38'50.45'' W)
KNZLY, LA                                       WP                             (Lat. 30[deg]08'29.48'' N, long. 093[deg]06'19.37'' W)
DAFLY, LA                                       WP                             (Lat. 30[deg]11'37.70'' N, long. 091[deg]59'33.94'' W)
KJAAY, LA                                       WP                             (Lat. 30[deg]05'15.06'' N, long. 090[deg]35'19.73'' W)
SLIDD, LA                                       FIX                            (Lat. 30[deg]09'46.08'' N, long. 089[deg]44'02.18'' W)
WTERS, MS                                       WP                             (Lat. 30[deg]24'24.36'' N, long. 089[deg]04'37.04'' W)
LYNRD, AL                                       WP                             (Lat. 30[deg]43'33.26'' N, long. 088[deg]21'34.07'' W)
AXEJA, AL                                       FIX                            (Lat. 31[deg]02'32.36'' N, long. 087[deg]57'01.58'' W)
WIILL, AL                                       WP                             (Lat. 31[deg]27'33.96'' N, long. 087[deg]21'08.62'' W)
MGMRY, AL                                       WP                             (Lat. 32[deg]13'20.78'' N, long. 086[deg]19'11.24'' W)
GONDR, AL                                       WP                             (Lat. 32[deg]22'01.98'' N, long. 085[deg]45'57.08'' W)
RSVLT, GA                                       WP                             (Lat. 32[deg]36'55.43'' N, long. 085[deg]01'03.81'' W)
SINCA, GA                                       FIX                            (Lat. 33[deg]04'52.28'' N, long. 083[deg]36'17.52'' W)
UGAAA, GA                                       WP                             (Lat. 33[deg]56'51.32'' N, long. 083[deg]19'28.42'' W)
ECITY, SC                                       WP                             (Lat. 34[deg]25'09.62'' N, long. 082[deg]47'04.58'' W)
STYLZ, NC                                       WP                             (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
BONZE, NC                                       WP                             (Lat. 35[deg]52'09.16'' N, long. 081[deg]14'24.10'' W)
MCDON, VA                                       WP                             (Lat. 36[deg]40'29.56'' N, long. 079[deg]00'52.03'' W)
NUTTS, VA                                       FIX                            (Lat. 37[deg]04'34.16'' N, long. 078[deg]12'13.69'' W)
WAVES, VA                                       WP                             (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)
TAPPA, VA                                       FIX                            (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                                       FIX                            (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)

                                                                      * * * * * * *
T-258 MINIM, AL to GMINI, NC [Amended]

MINIM, AL                                       FIX                            (Lat. 33[deg]32'31.14'' N, long. 088[deg]02'23.62'' W)
CAYAP, AL                                       FIX                            (Lat. 33[deg]19'27.01'' N, long. 087[deg]39'08.35'' W)
CRMSN, AL                                       WP                             (Lat. 33[deg]15'31.80'' N, long. 087[deg]32'12.70'' W)
ZIVMU, AL                                       FIX                            (Lat. 33[deg]14'58.61'' N, long. 087[deg]23'53.53'' W)
DAYVS, AL                                       WP                             (Lat. 33[deg]14'03.93'' N, long. 087[deg]12'07.88'' W)
HEENA, AL                                       FIX                            (Lat. 33[deg]12'24.62'' N, long. 086[deg]52'15.28'' W)
KYLEE, AL                                       FIX                            (Lat. 33[deg]09'41.04'' N, long. 086[deg]21'57.72'' W)
CAMPP, AL                                       FIX                            (Lat. 33[deg]06'10.39'' N, long. 085[deg]44'51.08'' W)
BRAVS, GA                                       WP                             (Lat. 33[deg]02'56.44'' N, long. 085[deg]12'22.93'' W)
LANGA, GA                                       FIX                            (Lat. 32[deg]55'34.17'' N, long. 084[deg]56'59.00'' W)
CANER, GA                                       FIX                            (Lat. 32[deg]45'21.48'' N, long. 084[deg]35'51.42'' W)
SINCA, GA                                       FIX                            (Lat. 33[deg]04'52.28'' N, long. 083[deg]36'17.52'' W)
UGAAA, GA                                       WP                             (Lat. 33[deg]56'51.32'' N, long. 083[deg]19'28.42'' W)
HRTWL, SC                                       WP                             (Lat. 34[deg]15'05.33'' N, long. 082[deg]09'15.55'' W)
NATCH, NC                                       FIX                            (Lat. 35[deg]01'34.52'' N, long. 080[deg]06'29.28'' W)
GMINI, NC                                       WP                             (Lat. 35[deg]12'23.01'' N, long. 079[deg]34'01.98'' W)

                                                                      * * * * * * *
T-323 MARQO, FL to DACEL, KY [Amended]

MARQO, FL                                       WP                             (Lat. 30[deg]30'53.57'' N, long. 082[deg]32'45.62'' W)
LRSEY, GA                                       WP                             (Lat. 31[deg]16'09.34'' N, long. 082[deg]33'23.20'' W)
CROCS, GA                                       WP                             (Lat. 32[deg]27'17.69'' N, long. 082[deg]46'29.06'' W)
BOBBR, GA                                       WP                             (Lat. 33[deg]19'57.07'' N, long. 083[deg]08'19.47'' W)

BIGNN, GA                                       WP                             (Lat. 34[deg]20'34.38'' N, long. 083[deg]33'06.80'' W)
HELNN, NC                                       WP                             (Lat. 35[deg]00'55.11'' N, long. 083[deg]52'09.85'' W)
OCOEE, NC                                       WP                             (Lat. 35[deg]07'34.11'' N, long. 083[deg]53'45.00'' W)
KNITS, TN                                       FIX                            (Lat. 35[deg]41'01.18'' N, long. 083[deg]53'58.56'' W)
CRECY, TN                                       WP                             (Lat. 35[deg]58'52.61'' N, long. 083[deg]38'24.36'' W)
ZADOT, TN                                       WP                             (Lat. 36[deg]35'32.17'' N, long. 083[deg]28'40.09'' W)
WELLA, KY                                       WP                             (Lat. 37[deg]02'15.68'' N, long. 083[deg]21'31.07'' W)
DACEL, KY                                       WP                             (Lat. 37[deg]23'10.68'' N, long. 083[deg]14'52.13'' W)

                                                                      * * * * * * *
T-404 TYGRR, AL to CAYCE, SC [New]

TYGRR, AL                                       WP                             (Lat. 31[deg]57'01.21'' N, long. 085[deg]07'49.13'' W)
NOKIE, GA                                       WP                             (Lat. 32[deg]41'28.86'' N, long. 083[deg]38'49.88'' W)
WANSA, SC                                       WP                             (Lat. 33[deg]42'26.10'' N, long. 082[deg]09'43.99'' W)
CAYCE, SC                                       WP                             (Lat. 33[deg]51'26.13'' N, long. 081[deg]03'14.76'' W)

                                                                      * * * * * * *
T-406 KNZLY, LA to DURBE, SC [New]

KNZLY, LA                                       WP                             (Lat. 30[deg]08'29.48'' N, long. 093[deg]06'19.37'' W)
DAFLY, LA                                       WP                             (Lat. 30[deg]11'37.70'' N, long. 091[deg]59'33.94'' W)
RCOLA, LA                                       WP                             (Lat. 30[deg]29'06.52'' N, long. 091[deg]17'37.96'' W)
PELLO, MS                                       WP                             (Lat. 30[deg]33'40.17'' N, long. 089[deg]43'50.44'' W)
GARTS, MS                                       WP                             (Lat. 31[deg]05'52.39'' N, long. 088[deg]29'10.68'' W)
WIILL, AL                                       WP                             (Lat. 31[deg]27'33.96'' N, long. 087[deg]21'08.62'' W)
RUTEL, AL                                       FIX                            (Lat. 31[deg]42'57.69'' N, long. 086[deg]21'36.33'' W)
TYGRR, AL                                       WP                             (Lat. 31[deg]57'01.21'' N, long. 085[deg]07'49.13'' W)
DOOLY, GA                                       WP                             (Lat. 32[deg]12'48.02'' N, long. 083[deg]29'50.66'' W)
DURBE, SC                                       WP                             (Lat. 33[deg]00'44.75'' N, long. 081[deg]17'32.69'' W)

                                                                      * * * * * * *
T-410 SINCA, GA to WIDER, SC [New]

SINCA, GA                                       FIX                            (Lat. 33[deg]04'52.28'' N, long. 083[deg]36'17.52'' W)
WANSA, SC                                       WP                             (Lat. 33[deg]42'26.10'' N, long. 082[deg]09'43.99'' W)
WIDER, SC                                       FIX                            (Lat. 34[deg]09'27.05'' N, long. 081[deg]16'26.39'' W)

                                                                      * * * * * * *
T-412 KNZLY, LA to TIROE, GA [New]

KNZLY, LA                                       WP                             (Lat. 30[deg]08'29.48'' N, long. 093[deg]06'19.37'' W)
ICEKI, MS                                       WP                             (Lat. 31[deg]18'16.12'' N, long. 090[deg]15'28.85'' W)
SSLAW, MS                                       WP                             (Lat. 31[deg]25'07.18'' N, long. 089[deg]20'16.05'' W)
WIILL, AL                                       WP                             (Lat. 31[deg]27'33.96'' N, long. 087[deg]21'08.62'' W)
MGMRY, AL                                       WP                             (Lat. 32[deg]13'20.78'' N, long. 086[deg]19'11.24'' W)
HHRVY, AL                                       WP                             (Lat. 32[deg]57'47.52'' N, long. 085[deg]19'35.23'' W)
BRAVS, GA                                       WP                             (Lat. 33[deg]02'56.44'' N, long. 085[deg]12'22.93'' W)
TIROE, GA                                       FIX                            (Lat. 33[deg]18'23.23'' N, long. 084[deg]51'57.71'' W)

                                                                      * * * * * * *
T-414 LOGEN, GA to BOJAR, VA [New]

LOGEN, GA                                       FIX                            (Lat. 33[deg]59'16.98'' N, long. 084[deg]03'24.43'' W)
MILBY, SC                                       WP                             (Lat. 34[deg]41'02.23'' N, long. 083[deg]18'42.53'' W)
STYLZ, NC                                       WP                             (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
BONZE, NC                                       WP                             (Lat. 35[deg]52'09.16'' N, long. 081[deg]14'24.10'' W)
AYARA, VA                                       FIX                            (Lat. 37[deg]03'40.36'' N, long. 079[deg]31'24.92'' W)
BOJAR, VA                                       FIX                            (Lat. 37[deg]15'43.97'' N, long. 079[deg]14'33.36'' W)

                                                                      * * * * * * *
T-423 STYLZ, NC to CHARLESTON, WV (HVQ) [New]

STYLZ, NC                                       WP                             (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
HORAL, TN                                       WP                             (Lat. 36[deg]26'13.99'' N, long. 082[deg]07'46.48'' W)
GAUZY, VA                                       WP                             (Lat. 36[deg]49'29.79'' N, long. 082[deg]04'44.40'' W)
Charleston, WV (HVQ)                            VOR/DME                        (Lat. 38[deg]20'58.83'' N, long. 081[deg]46'11.69'' W)

                                                                      * * * * * * *
T-425 SIROC, GA to HUSKY, GA [New]

SIROC, GA                                       WP                             (Lat. 31[deg]03'02.32'' N, long. 081[deg]26'45.89'' W)
HABLE, GA                                       FIX                            (Lat. 31[deg]21'09.68'' N, long. 082[deg]06'09.96'' W)
CROCS, GA                                       WP                             (Lat. 32[deg]27'17.69'' N, long. 082[deg]46'29.06'' W)
RIPPI, GA                                       FIX                            (Lat. 32[deg]54'20.25'' N, long. 083[deg]20'19.52'' W)
WEMOB, GA                                       FIX                            (Lat. 33[deg]16'06.20'' N, long. 083[deg]53'01.92'' W)
HUSKY, GA                                       FIX                            (Lat. 33[deg]19'49.65'' N, long. 083[deg]58'48.75'' W)

                                                                      * * * * * * *
T-427 CAYCE, SC to LOGEN, GA [New]

CAYCE, SC                                       WP                             (Lat. 33[deg]51'26.13'' N, long. 081[deg]03'14.76'' W)
UGAAA, GA                                       WP                             (Lat. 33[deg]56'51.32'' N, long. 083[deg]19'28.42'' W)
WOMAC, GA                                       FIX                            (Lat. 34[deg]07'48.86'' N, long. 083[deg]54'20.77'' W)
LOGEN, GA                                       FIX                            (Lat. 33[deg]59'16.98'' N, long. 084[deg]03'24.43'' W)

                                                                      * * * * * * *
T-429 HOKES, SC to HAGIE, AL [New]

HOKES, AL                                       FIX                            (Lat. 33[deg]55'30.08'' N, long. 085[deg]59'33.20'' W)
HAGIE, AL                                       WP                             (Lat. 34[deg]42'25.87'' N, long. 087[deg]29'29.76'' W)

* * * * *

    Issued in Washington, DC, on May 5, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-10315 Filed 5-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Notices]
[Pages 45850-45851]
[FR Doc No: 2014-18536]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31194]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

July 31, 2014.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
July 2014. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on August 26, 2014, and
should be accompanied by proof of service on the applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE., Washington, DC 20549-8010.

JP Morgan Mutual Fund Group [File No. 811-5151]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On November 29, 2012, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $35,774 incurred in connection with the
liquidation were paid by applicant.
    Filing Dates: The application was filed on June 2, 2014, and
amended on July 24, 2014.
    Applicant's Address: 270 Park Ave., New York, NY 10017.

Tortoise North American Energy Corp. [File No. 811-21700]

Tortoise Energy Capital Corp. [File No. 811-21725]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants transferred their assets to Tortoise Energy Infrastructure
Corporation and on June 23, 2014, made distributions to their
shareholders based on net asset value. Expenses of approximately
$475,000 incurred in connection with each reorganization were paid by
the

relevant applicant and the acquiring fund.
    Filing Date: The applications were filed on June 25, 2014.
    Applicants' Address: 11550 Ash St., Suite 300, Leawood, KS 66211.

Goldman Sachs Credit Strategies Fund [File No. 811-22280]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant
transferred its assets to Goldman Sachs Long Short Credit Strategies
Fund, a series of Goldman Sachs Trust, and on March 21, 2014, made a
distribution to its shareholders based on net asset value. Expenses of
$320,000 incurred in connection with the reorganization were paid by
applicant and Goldman Sachs Asset Management, L.P., applicant's
investment adviser.
    Filing Date: The application was filed on July 7, 2014.
    Applicant's Address: 71 Wacker Dr., Chicago, IL 60606.

Keystone Mutual Funds [File No. 811-21890]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to MainStay
Cornerstone Growth Fund, a series of MainStay Funds Trust, and on
January 11, 2013, made a distribution to its shareholders based on net
asset value. Expenses of $253,488 incurred in connection with the
reorganization were paid by Cornerstone Capital Management, LLC and/or
Cornerstone Capital Management Inc., applicant's investment adviser.
    Filing Dates: The application was filed on March 10, 2014, and
amended on July 8, 2014.
    Applicant's Address: 3600 Minnesota Dr., Suite 70, Edina, MN 55435.

First Variable Rate Fund for Government Income [File No. 811-2633]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to Calvert
Fund, and on October 25, 2013, made a distribution to its shareholders,
based on net asset value. Expenses of $38,541 incurred in connection
with the reorganization were paid by applicant.
    Filing Dates: The application was filed on November 21, 2013, and
amended on July 11, 2014.
    Applicant's Address: 4550 Montgomery Ave., Suite 1125N, Bethesda,
MD 20814.

Eclipse Funds Inc. [File No. 811-6175]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to
corresponding series of MainStay Funds Trust, and on May 24, 2013, made
a distribution to its shareholders based on net asset value. Expenses
of $8,502 incurred in connection with the reorganization were paid by
applicant.
    Filing Dates: The application was filed on April 30, 2014, and
amended on July 16, 2014.
    Applicant's Address: 51 Madison Ave., New York, NY 10010.

Oppenheimer Diversified Commodity Strategies Fund [File No. 811-22689]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company.
    Applicant has never made a public offering of its securities and
does not propose to make a public offering or engage in business of any
kind.
    Filing Dates: The application was filed on July 15, 2014, and
amended on July 21, 2014.
    Applicant's Address: 6803 Tucson Way, Centennial, CO 80112.

Scotia Institutional Funds [File No. 811-21913]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred the assets of its
series, JOHCM Emerging Markets Opportunities Fund, JOHCM Global Equity
Fund and JOHCM International Select Fund, to corresponding series of
Advisers Investment Trust, and on November 15, 2013, made distributions
to its shareholders based on net asset value. Applicant transferred the
assets of its Smith Group Large Cap Core Growth Fund series to a
corresponding series of Managed Portfolio Series, and on February 21,
2014, made a distribution to its shareholders based on net asset value.
Applicant transferred the assets of its Mount Lucas U.S. Focused Equity
Fund series to a corresponding series of Fund Vantage Trust, and on
March 24, 2014, made a distribution to its shareholders based on net
asset value. Applicant transferred the asset of its Dynamic U.S. Growth
Fund series, and on March 21, 2014, made a distribution to its
shareholders based on net asset value. Expenses of $694,422 incurred in
connection with the reorganizations were paid by JO Hambro Capital
Management Limited, Smith Asset Management Group, L.P., Mount Lucas
Management LP, and Scotia Institutional Asset Management US, Ltd.,
applicant's investment sub-advisers.
    Filing Dates: The application was filed on June 4, 2014, and
amended on July 23, 2014.
    Applicant's Address: 1055 Westlakes Dr., Suite 301, Berwyn, PA
19312.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18536 Filed 8-5-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Page 33662]
[FR Doc No: 2020-11838]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: CP20-458-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Abbreviated Application for Authorization to Abandon
Exchange and Transportation Service of Tennessee Gas Pipeline Company,
L.L.C.
    Filed Date: 5/20/20.
    Accession Number: 20200520-5039.
    Comments Due: 5 p.m. ET 6/10/20.

    Docket Numbers: RP20-649-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Report Filing: TPC 2020 Annual L&U Cash-out Refund
Report.
    Filed Date: 5/18/20.
    Accession Number: 20200518-5126.
    Comments Due: 5 p.m. ET 6/1/20.

    Docket Numbers: RP20-869-001.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Tariff Amendment: Supplement to Rate Schedule S-2
Tracker Filing in Docket No. RP20-869-000 to be effective 6/1/2020.
    Filed Date: 5/20/20.
    Accession Number: 20200520-5027.
    Comments Due: 5 p.m. ET 6/1/20.

    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 date(s). 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: May 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-11838 Filed 6-1-20; 8:45 am]
 BILLING CODE 6717-01-P


5301 32nd Ave S
Grand Forks, ND 58201-3312
Phone<PHONE_NUMBER>
www.minnkota.com

5301 32nd Ave S
Grand Forks, ND 58201-3312
Phone<PHONE_NUMBER>
www.minnkota.com

                                 July 29, 2022

Melanie King
Environmental Protection Agency,
Office of Air Quality Planning and Standards			Sent via email<EMAIL_ADDRESS>109 T.W. Alexander Drive
RTP, NC 27711

RE: 	Response of Minnkota Power Cooperative Clean Air Act Section 114 Request

Dear Ms. King,
	On May 12, 2022, EPA issued a Section 114 request (Section 114 request) to Minnkota Power Cooperative, Inc. (Minnkota) for information related to the agency's review of the Mercury and Air Toxics Rule (MATS) under Clean Air Act Section 112(d)(6) related to hazardous air pollutant (HAP) emissions.  EPA is specifically interested in mercury emission control technologies for lignite coal-fired units.  Minnkota appreciates EPA's approval of the extension we requested until July 29, 2022 to be fully responsive to the request.
	The Section 114 request requires the completion of an information survey to collect information on mercury emissions, related unit operation, and control technologies.  Minnkota provides the attached survey spreadsheet with non-CBI information and non-CBI attachment A.  CBI-protected information has been submitted to EPA in accordance with the instructions in the Section 114 Request and 40 CFR Part 2, Subpart B (40 CFR § 2.201 et seq.).
	Minnkota also responds with additional information concerning our mercury control equipment and its operation history.  This information is intended to provide EPA with clarity and context for the responses.
 Background
	Minnkota Power Cooperative is a not-for-profit electric generation and transmission cooperative headquartered in Grand Forks, North Dakota.  Minnkota provides wholesale electric energy to 11 member-owner distribution cooperatives located in eastern North Dakota and northwestern Minnesota.  Minnkota also serves as the operating agent for the Northern Municipal Power Agency (NMPA), headquartered in Thief River Falls, MN.
	Minnkota is the operator and a partial owner of the Milton R. Young Station (the Young Station), a two-unit, cyclone lignite coal-fired power plant located near the town of Center, North Dakota.  Minnkota's electric generation portfolio also includes renewable energy, purchased primarily from three North Dakota wind farms, and hydroelectricity purchased from the Garrison Dam in central North Dakota.  In all, renewables comprise 42% of Minnkota's nameplate generation capacity.  Minnkota exists as a non-profit cooperative for the sole purpose of meeting the generation and transmission needs of the distribution cooperatives.
	Young Station Units 1 and 2 are well-controlled electric generating units, which provide energy to the Midcontinent Independent System Operator (MISO) system.  Young Station Units 1 and 2 have substantially reduced NOx and SO2 emissions, which have been documented in the context of the Regional Haze program.  Unit 1 has SO2 reductions of 96% since 2002, and Unit 2 has reduced SO2 75% since 2002.  Both Units reduced NOx emissions approximately 60% since 2002.  The Young Station has been in continuous compliance with MATS limitations since the effective date of the program.

 Lignite Combustion at the Young Station
	Both boilers fire North Dakota lignite supplied from BNI Coal, Ltd.'s Center Mine.  The Young Station's lignite supply comes from a mine owned by BNI Coal Inc. in close proximity to the plant.  It is well-known and consistent with Minnkota's experience that lignite deposits vary in quality, including fuel combustion performance and mineral content.  Relevant to EPA's inquiry, mercury content in the lignite varies significantly.  Different areas within the mine yield lignite in varying quality content (including mercury) on a day-to-day basis.  Minnkota is adept at pivoting operations at Units 1 and 2 to accommodate for the changing lignite quality to assure compliance with MATS mercury limitations.  However, a compliance margin is critical.
	The current MATS mercury requirements for lignite combusting units set an emissions limitation for low rank virgin coal that allows for variations in coal quality.  The current MATS mercury emission limitation provides lignite power plants enough leeway to account for high mercury batches of coal, recognizing that mercury emissions are higher from coal with lower heat values.  77 Fed. Reg. 9304, 9388 (Feb. 16, 2012).  Indeed, it is revealing that no lignite-burning facilities were in the top 12 performing percent of sources for mercury emissions when MATS was developed.  Id.  To address daily and weekly emissions fluctuations, a 30-day rolling averaging period is essential in addition to maintaining a higher mercury emission rate for this subcategory of fuel.  We ask that EPA consider the unique challenges inherent in combusting lignite.
 Young Station Unit 1 and 2
	Unit 1 (257 MWg) commenced commercial operation in 1970, and Unit 2 (477 MWg) commenced operation in 1977.  Both units employ Babcock and Wilcox cyclone boilers, and both boilers fire North Dakota lignite supplied from BNI Coal, Ltd's Center Mine.  Each unit is equipped with Advanced Separated Over Fire Air (ASOFA) and Selective Non-Catalytic Reduction (SNCR) for NOx control.  Each unit is equipped with Wet Flue Gas Desulfurization (WFGD) for SO2 control.  Each unit employs an Electrostatic Precipitator (ESP) for particulate control.  Each unit employs halide injection and activated carbon injection for the control of mercury.
	Currently, Minnkota uses the same mercury control strategies for both Units, as more fully described in Section IV.
	Minnkota's Units operate differently.  Although Minnkota uses the same control devices for the Units, operation and emissions output differs based on a number of factors.  The Units vary in capacity and control device design.  Unit 2 has a different ductwork configuration between the air heater and the electrostatic precipitator than Unit 1.  Unit 1 has shorter ductwork.  Length of ducting effects the amount of residence time for the flue gas to be exposed to PAC, a longer duct provides more time for oxidized mercury to be adsorbed by the PAC.
	EPA should acknowledge and consider that there is variability in Unit performance and emissions control capabilities from unit to unit.  In the Clean Air Act Section 112(d)(6) analysis, we ask EPA to consider unit differences.  Analysis of Unit 1 and Unit 2 demonstrate how seemingly similar unit (cyclone/lignite/Hg controls) perform differently.  The present MATS mercury emissions limitation allows for such unit variability.
 History of Mercury Control and Monitoring Equipment at the Milton R Young Station
	Minnkota changed its equipment to control mercury since initial compliance with the MATS Rule.  The following section outlines these equipment changes.  We also highlight these changes to explain why some information in the Survey spreadsheet is not in Minnkota's possession.
	A.	Mercury Control Equipment for Units 1 and 2
	Minnkota used the same mercury control equipment configurations for Unit 1 and Unit 2 during each of these time periods.
	Initial MATS Compliance (2015-2021)
	From July 24, 2013 through November 16, 2021, Minnkota purchased refined coal from GS RC Minnkota, LLC. Minnkota believes that GS RC Minnkota had certain rights to and operated, through Tinuum Group LLC (Tinuum), the fuel additive equipment located at the Young Station.  We believe that Tinuum operated the equipment to apply a fuel additive to the lignite called Cyclean B, which is a liquid halogen solution.  Additionally, Clean Coal Solutions, LLC (CCS) licensed to Minnkota a separate fuel additive system and supplied sufficient quantities of additional Cyclean B for application.  Minnkota operated this system, adding Cyclean B variably based on operating condition and coal quality.  Cyclean B is intended to reduce emissions of mercury.  Minnkota applied Cyclean B to the lignite prior to its arrival in the coal silo, in advance of lignite crushing before combustion in the boiler.
      On or around 2013, Minnkota procured a powdered activated carbon (PAC) system designed and installed by ADA-ES.  The equipment was placed in service, prior to the MATS initial compliance date.  Minnkota operated the PAC system in conjunction with the halogen skid described above.  The PAC system is currently in operation.
      CCS, Tinuum and GS RC Minnkota, LLC are third-party companies not affiliated with Minnkota.  Since these companies installed and operated the refined coal system, Minnkota does not have the equipment design information, nor was there any performance specifications or guarantee.  Minnkota was never provided and does not have access to the refined coal system operating data and/or performance standards.  Based upon information and belief, Tinuum applied an average of 6.0 ppm of Cyclean B during the applicable one week period identified in the survey for Unit 1 and Unit 2; however, no reliable refined coal system operating data is in Minnkota's possession or otherwise available to Minnkota.
      In summary, from 2015 to November 2021, Minnkota reduced mercury emissions at Units 1 and 2 using a combination of: (1) Cyclean B applied by Tinuum; (2) Cyclean B applied by Minnkota; and (3) PAC applied by Minnkota.
      MATS Compliance (November 2021 - Present)
      In November 2021, the equipment operated by Tinuum was decommissioned.  Minnkota transitioned mercury removal to a fuel additive system designed by NALCO.  The NALCO equipment was installed on or about March 2015 as a redundant system intended for MerControl 7895 injection; however, Minnkota did not operate the NALCO equipment for MATS compliance until November 2021. The system has never been used with MerControl 7895 for mercury reduction.
      In November 2021, Minnkota altered the NALCO pumps for operation, and by June of 2022, Minnkota added additional flow meters and replaced the pumps to allow the equipment to operate efficiently with M-Prove.  Minnkota currently uses this system to apply M-Prove fuel additive procured from ADA.  Minnkota also continues to inject PAC post-combustion.
      In summary, from November 2021 to present, Minnkota reduced mercury emissions at Units 1 and 2 using a combination of: (1) M-Prove applied by Minnkota; and (2) PAC applied by Minnkota.  Minnkota maintains design and operation data for the NALCO system, as modified.  This is Minnkota's current mercury reduction operating system.
      B.	Mercury Monitoring Equipment
      From 2015 to November 2019, Minnkota utilized a mercury CEMS made by Tekran for MATS compliance.  In November 2019, Minnkota replaced the mercury Tekran CEMS with a sorbent trap system for measurement of mercury.  Each of these types of mercury CEMS measure mercury at the chimney. Minnkota does not monitor mercury concentrations in the lignite fuel.
V.	Section 114 Spreadsheet Requests
      Minnkota provides this additional information to provide context for its responses to the Survey.
      A. 	Mercury Control Info Tab
      Given the differences in design and independent operations in the two Young Station mercury removal systems, Minnkota provides two separate tabs for "mercury control info."  One tab is for the system installed and operating on Unit 1, and the second tab is for the system installed and operating for Unit 2.
      We note that the original NALCO design was modified by Minnkota during the deployment period in November/December 2021.  For this reason, the system design entries for responses in lines 59 through 73 of the survey reflect the original design of the system and the November/December 2021 changes made to accommodate the M-Prove product.  This is the current system design.
	Minnkota does not perform coal analysis or inlet testing for mercury.  Coal ash analysis lab reports available during the periods requested are attached Attachment 2.
	Minnkota selected March 1 through 31, 2022 for both Unit 1 and Unit 2 responses to line 32-43 of the respective spreadsheets, which includes data that has been certified and reported. Some of the factors considered by Minnkota in choosing the averaging period were selecting: (a) a 30-day average period rather than a shorter time period, (b) a time period representative of the current system of control in operation, and (c) a time period in which there was 100% availability of Unit 1 and Unit 2.
	B.	Unit 1:  Week 1 Hourly Hg Emissions (6/13/19 through 6/19/19)
	The system operated by Tinuum described in Section IV.A was the mercury removal system in operation during this period.  Week 1 data from B1 fuel additive equipment are not representative of current operation of mercury control equipment because this system was decommissioned in November 2021 and replaced by the modified NALCO design.
	Minnkota observes that this week period is not representative of an achievable mercury emissions rate, but rather is representative of the quality of fuel for that week.  Units were operating at or near normal-high loads during this period, PAC injection was at 0.0 lb/min and Minnkota's injection of halogen was 1.9 ppm. It is likely that the emissions during this 7-day period are lower than Minnkota's typical 30-day rolling average in large part due to low mercury levels in the coal, based on Minnkota's experience and our review of the PAC and halogen data.
	C.	Unit 1:  Week 2 Hourly Hg Emissions (12/25/21 through 12/31/21)
	The re-purposed, modified NALCO system described in Section IV.A was the mercury removal system in operation during this period.  This is the current system in operation at Units 1 and 2.  The ADA chemical, M-Prove, is the chemical currently used in the fuel additive equipment by Minnkota.
	Minnkota observes that this one-week period is not representative of an achievable mercury 30-day rolling emissions rate, but rather is representative of the quality of fuel for that week.  During this period, Minnkota was applying an average of .0114 lb/min of PAC and halogen at an application rate of 6 ppm. During this Week 2 period, Unit 1 operated at low load during part of the week, from 12/30-12/31 at an average generation rate of 110 MWg.  This lower load operation caused higher reported mercury emissions. Additionally, in light of Minnkota's operation of the mercury control system with both injection of PAC and halogen, it is likely that the coal combusted during this period had a higher concentration of mercury.
	D.	Unit 2:  Week 1 Hourly Hg Emissions (2/18/21 through 2/24/21)
      The CCS system described in Section IV.A was the mercury removal system in operation during this period. Week 1 data from Unit 2 fuel additive equipment are not representative of current operation of mercury control equipment because this system was decommissioned in November 2021 and replaced by the modified NALCO design.
      Minnkota observes that this one-week period is not representative of an achievable mercury emissions rate, but rather is representative of the quality of fuel for that week.  During this period, Minnkota was applying an average of 0.98 lb/min of PAC and halogen at an application rate of 1.9 ppm.
      The Unit operated at normal-high load during the early part of Week 1, but dropped to low load during the latter part of this week 1 period, from 2/21 to 2/24 at an average generation rate of 380 MWg. However, despite a drop in CO2 flow (average value of 8.81%), Minnkota was able to maintain a relatively low average mercury emission rate of 2.17 lb/Tbtu. In light of Minnkota's experience operating the control system with both injection of PAC and halogen, it is likely that the coal combusted during this period had a lower concentration of mercury.
      E. 	Unit 2:  Week 2 Hourly Hg Emissions (11/10/19 through 11/16/2019)
	The CCS system described in Section IV.A was the mercury removal system in operation during this period. Week 2 data from Unit 2 fuel additive equipment are not representative of the current operation of mercury control equipment because this system was decommissioned in November 2021 and replaced by the modified NALCO design.
      During this Week 2 period, the Unit operated at mostly normal-high load, at an average generation rate of 455 MWg. Minnkota observes that this one-week period is not representative of an achievable mercury emissions rate, but rather is representative of the quality of fuel for that week.  During this period, Minnkota was applying an average of 0.21 lb/min of PAC and halogen at an application rate of 1.9 ppm. In light of Minnkota's operation of the control system with both injection of PAC and halogen, it is likely that high mercury content in the lignite caused higher mercury emissions.
VI.	Important Observations regarding Data Provided In this Section 114 Response
	Unit 1 and 2 mercury emissions and operational data for Week 1 and 2 are not representative of emissions achievable on a 30-day rolling basis for the Units, nor are the weeks comparable to one other. The significant differences between the two weeks are outlined below.
 Most importantly, lignite coal quality varied significantly, including variability of mercury concentrations.  Coal quality between the two weeks differed based on our analysis of the sorbent and PAC applied as compared to the mercury emission rates, as discussed below.
 Milton R. Young Unit 1 - Week 1 and Week 2 used different mercury control equipment and halogen manufacturers.
 Milton R. Young Unit 2 - Week 1 and Week 2 used the CCS system, which is no longer operating and was replaced by the modified NALCO system in November 2021.
 Unit operation varied.  Week 1 included low-load operation conditions, which were not present during Week 2.  Mercury emissions are reported as higher at lower loads.
	In addition, a limited 7-day data set does not account for fuel quality variability.  While Minnkota does not test inlet mercury concentrations, we do have coal analysis of random samples taken from coal conveyor belt as the coal storage silos are filled. A maximum of six samples are collected daily and analyzed for proximate analysis. These samples do not include mercury concentrations but show considerable variation in ash content, Btu value, and other constituents.
	Minnkota further observes that units are unique, as demonstrated by data from Unit 1 versus Unit 2.  Minnkota utilizes the same mercury control strategies for the two Units.  However, Unit 2 consistently has higher mercury emissions in comparison to Unit 1. The differences in mercury emissions during the requested periods are impacted by operating characteristics of the Units, such as varying load levels/load swings, unit size, wet scrubber design differences, and ductwork configuration.  The inconsistent hourly emissions and mercury system data illustrate these differences and should assist EPA in understanding unit variability in general and with respect to Unit 1 and Unit 2 operations. For this reason, the responsive weekly data cannot reliably or reasonably support changes in permitted emission rates or permit conditions because this limited data set is not representative of current operations, fuel variability, and uncertainty in fuel quality.  These factors all contribute to differences in emission characteristics.
	Finally, even though Week 1 and Week 2 are not comparable weeks, Minnkota reviewed the data regarding PAC used and sorbent used in its possession.  Week 1 reported lower mercury emissions in comparison to Week 2 values.  However, Minnkota did not inject any PAC during Week 1.  Minnkota injected 1.9 ppm of sorbent.  We believe that CCS did not inject more than 6 ppm of halogen, although no documentation of that quantity is available.  Lower mercury emissions were likely the result of a weekly coal batch that was lower in mercury content during Week 1.  In comparison, Minnkota injected PAC and halogen during Week 2.  Mercury emissions were higher, likely due to low load operation during that week and suspected coal quality variations.
	Conversely, Unit 2 Week 1 PAC was injected at a higher rate than Week 2.  Week 1 had lower CO2 during most of this 7-day period and yet was able to maintain a mercury emission rate around 2.17 lb/Tbtu, while mercury emissions during Week 2 were around 3.0 lb/Tbtu with normal-high load operation and CO2 concentrations averaging 10%.  Minnkota attributes the inability to correlate the mercury emissions with the control system data to the following factors (1) variability of coal quality and (2) lack of information regarding Tinuum's operation of the halogen system during the pre-November 2021 operating period.  In other words, the lack of mercury control information for Unit 2 during Week 1 prevents us from drawing a conclusion regarding the variables that impacted mercury emissions that week.
VII.	Conclusion
	Thank you for your consideration of the information in this narrative and in the Survey.  If you have any questions, please contact Shannon Mikula at<PHONE_NUMBER> or<EMAIL_ADDRESS>regarding our responses.

						Sincerely,
																	Craig J. Bleth
						Vice President of Power Supply
						Minnkota Power Cooperative, Inc.

CC: Shannon Mikula<EMAIL_ADDRESS>


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Proposed Rules]
[Page 28331]
[FR Doc No: 2012-11569]

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

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM96-1-037]

Standards for Business Practices for Interstate Natural Gas
Pipelines

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Request for additional comment.

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

SUMMARY: On February 22, 2012, the Commission published in the Federal
Register a Notice of Proposed Rulemaking (77 FR 10415) (NOPR) proposing
to amend its regulations to incorporate by reference the latest version
(Version 2.0) of business practice standards adopted by the Wholesale
Gas Quadrant of the North American Energy Standards Board (NAESB)
applicable to natural gas pipelines. The Commission, however, did not
propose to adopt two standards it found inconsistent with its
regulations. Among the comments filed with the Commission were comments
from NAESB explaining that its Wholesale Gas Quadrant Executive
Committee was in the process of voting on two standards to rectify the
inconsistency noted in the NOPR by the Commission. On May 4, 2012,
NAESB filed a status report informing the Commission that it had
finalized the two corrections.
    The Commission is providing interested parties an opportunity to
file comments with respect to the two corrected standards adopted by
NAESB and whether the Commission should incorporate these revised
standards into its regulations.

DATES:  Comments are due June 4, 2012.

ADDRESSES:  You may submit reply comments, identified by Docket No.
RM96-1-037, by any of the following methods:
     Agency Web Site: http://www.ferc.gov. Documents created
electronically using word processing software should be filed in native
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original of their comments
to: Federal Energy Regulatory Commission, Office of the Secretary, 888
First Street NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT:

Adam Bednarczyk (technical issues), Office of Energy Market Regulation,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER>, Email<EMAIL_ADDRESS>Tony Dobbins (technical issues), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER>, Email<EMAIL_ADDRESS>Gary D. Cohen (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Request for Additional Comments

May 8, 2012

    On February 16, 2012, the Commission issued a Notice of Proposed
Rulemaking (NOPR) \1\ proposing to amend its regulations at 18 CFR
284.12 to incorporate by reference the latest version (Version 2.0) of
business practice standards adopted by the Wholesale Gas Quadrant of
the North American Energy Standards Board (NAESB) applicable to natural
gas pipelines. The Commission, however, did not propose to adopt two
standards it found inconsistent with its regulations.
---------------------------------------------------------------------------

    \1\ Standards for Business Practices for Interstate Natural Gas
Pipelines, notice of proposed rulemaking, 77 FR 10415 (Feb. 22,
2012), FERC Stats. & Regs. ] 32,686 (Feb. 16, 2012).
---------------------------------------------------------------------------

    Among the comments filed with the Commission in this proceeding
were comments from NAESB explaining that NAESB's Wholesale Gas Quadrant
Executive Committee was in the process of voting on minor corrections
to NAESB WGQ Standard Nos. 0.3.19 and 0.3.21 to rectify the
inconsistency noted in the NOPR by the Commission. On May 4, 2012,
NAESB filed a status report informing the Commission that it had
finalized the two corrections.
    The Commission is providing interested parties an opportunity to
file comments with respect to the two corrected standards adopted by
NAESB and whether the Commission should incorporate the version of the
standards that reflects these corrections into its regulations.
    By this notice, additional comments should be filed on or before
June 4, 2012.

    Dated: May 8, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-11569 Filed 5-11-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17339-17340]
[FR Doc No: 2022-06411]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

TUV SUD America, Inc.: Grant of Expansion of Recognition and
Modification to the NRTL Program's List of Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for TUV SUD America, Inc. as a Nationally
Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the
final decision to add two test standards to the NRTL Program's list of
appropriate test standards.

DATES: The expansion of the scope of recognition becomes effective on
March 28, 2022.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of TUV SUD America, Inc. (TUVAM) as a NRTL. TUVAM's
expansion covers the addition of eight test standards to the NRTL scope
of recognition, two of which OSHA will add to the NRTL Program's List
of Appropriate Test Standards.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including TUVAM, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated May 26, 2021, to expand their
recognition as a NRTL to include eight additional test standards (OSHA-
2007-0043-0038). OSHA staff performed a detailed analysis of the
application packet and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing TUVAM's expansion
application in the Federal Register on February 18, 2022 (87 FR 9387).
The agency requested comments by March 7, 2022, but it received no
comments in response to this notice. OSHA is now proceeding with this
final notice to grant expansion of TUVAM's scope of recognition and
modification to the NRTL Program's List of Appropriate Test Standards.
    To obtain or review copies of all public documents pertaining to
TUVAM's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2007-0043 contains all materials
in the record concerning TUVAM's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability
to meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that
TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitations and conditions listed in this
notice. OSHA, therefore, is proceeding with this final notice to grant
TUVAM's scope of recognition. OSHA limits the expansion of TUVAM's
recognition to testing and certification of products for demonstration
of conformance to the test standards listed below in Table 1.

  Table 1--List of Appropriate Test Standards for Inclusion in TUVAM's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 698A.........................  Industrial Control Panels Related to
                                   Hazardous (Classified) Locations.
UL 1004-9.......................  Standard for Form Wound and Medium
                                   Voltage Rotating Electrical Machines.
UL 60947-1......................  Low-voltage Switchgear and
                                   Controlgear--Part 1: General Rules.
UL 60947-4-1....................  Standard for Low-voltage Switchgear
                                   and Controlgear--Part 4-1: Contactors
                                   and Motor-Starters--Electromechanical
                                   Contactors and Motor-Starters.
* UL 60947-4-2..................  Low-voltage Switchgear and
                                   Controlgear--Part 4-2: Contactors and
                                   Motor-Starters--Electromechanical
                                   Contactors and Motor-Starters.
UL 60947-5-1....................  Low-voltage Switchgear and
                                   Controlgear--Part 5-1: Control
                                   Circuit Devices and Switching
                                   Elements--Electromechanical Control
                                   Circuit Devices.
UL 60947-5-2....................  Low-voltage Switchgear and Control
                                   Gear--Part 5-2: Control Circuit
                                   Devices and Switching Elements--
                                   Proximity Switches.
* UL 60947-5-5..................  Standard for Low-voltage Switchgear
                                   and Controlgear--Part 5-5: Control
                                   Circuit Switches and Switching
                                   Elements--Electrical Emergency Stop
                                   Device with Mechanical Latching
                                   Function.
------------------------------------------------------------------------
* Represents the standards that OSHA is adding to the NRTL Program's
  List of Appropriate Test Standards.

    In this notice, OSHA also announces the final decision to add two
new test standards to the NRTL Program's List of Appropriate Test
Standards. Table 2 below lists the standards that are new to the NRTL
Program. OSHA has determined that these test standards are appropriate
test standards and will add them to the NRTL Program's List of
Appropriate Test Standards.

     Table 2--Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 60947-4-2....................  Low-voltage Switchgear and
                                   Controlgear--Part 4-2: Contactors and
                                   Motor-Starters--Electromechanical
                                   Contactors and Motor-Starters.
UL 60947-5-5....................  Standard for Low-voltage Switchgear
                                   and Controlgear--Part 5-5: Control
                                   Circuit Switches and Switching
                                   Elements--Electrical Emergency Stop
                                   Device with Mechanical Latching
                                   Function.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-
004, Chapter 2, Section VIII), only standards determined to be
appropriate test standards may be approved for NRTL recognition. Any
NRTL recognized for a particular test standard may use either the
proprietary version of the test standard or the ANSI version of that
standard. Contact ANSI to determine whether a test standard is
currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
TUVAM must abide by the following conditions of the recognition:
    1. TUVAM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. TUVAM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. TUVAM must continue to meet the requirements for recognition,
including all previously published conditions on TUVAM's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of TUVAM, subject to the limitations and
conditions specified above. OSHA also adds two standards to the NRTL
Program's List of Appropriate Test Standards.

III. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, September 18, 2020)
and 29 CFR 1910.7.

    Signed at Washington, DC, on March 22, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-06411 Filed 3-25-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36293-36294]
[DOCID:fr22jy09-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60313; File No. SR-BATS-2009-023]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

July 15, 2009.
    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 July 9, 2009, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. BATS has
designated the proposed rule change as one establishing or changing a
member due, fee, or other charge imposed by the Exchange under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposed rule change effective upon filing with the
Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to modify BATS Rule 15.1, entitled
``Authority to Prescribe Dues, Fees, Assessments and Other Charges,''
effective immediately.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify BATS Rule 15.1 to adopt new
paragraph (d), which will allow the Exchange to pass on certain,
specific fees that it is charged by the company that operates the data
center where the Exchange's System \5\ is located, as described in
further detail below.
---------------------------------------------------------------------------

    \5\ The term ``System'' is defined in BATS Rule 1.5(aa).
---------------------------------------------------------------------------

    Exchange Members wishing to co-locate their trading hardware to the
Exchange's System can do so by leasing space directly from the company
that owns the data center. The Exchange has no involvement in
determining the terms of any fees paid by the Member to lease co-
location space and does not receive any proceeds from such fee. Certain
Members of the Exchange maintain a co-location relationship with
another Trading Center's \6\ system that is located in the same data
center as the Exchange. To co-locate to the Exchange, rather than
leasing additional space near the Exchange's System, some Members
choose instead to simply cross-connect their existing trading hardware
from the space near another Trading Center's system to the Exchange's
System. In such cases, the company that owns the data center charges
the Exchange a monthly cross-connection fee. Pursuant to the proposed
rule the Exchange will pass this cross connection fee on, in full, to
the applicable Member.
---------------------------------------------------------------------------

    \6\ The term ``Trading Center'' is defined in BATS Rule 2.11.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the

rules and regulations thereunder that are applicable to a national
securities exchange, and, in particular, with the requirements of
Section 6 of the Act.\7\ Specifically, the Exchange believes that the
proposed rule change is consistent with Section 6(b)(4) of the Act,\8\
in that it provides for the equitable allocation of reasonable dues,
fees and other charges among members and other persons using any
facility or system which the Exchange operates or controls. The
Exchange notes that in the current, competitive market environment,
market participants can connect to numerous competing venues in
numerous different ways, and that the Exchange currently does not
charge any direct fees for connecting to the Exchange. In addition, the
fees applied through the proposed rule will not result in any direct
revenue for the Exchange, but rather, are a pass-through of fees
charged to the Exchange as a result of certain Member's connections to
the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) thereunder,\10\ because it establishes or changes a due, fee or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2009-023 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-BATS-2009-023. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
BATS-2009-023 and should be submitted on or before August 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-17352 Filed 7-21-09; 8:45 am]

BILLING CODE 8010-01-P