[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34876-34879]
[FR Doc No: 2016-12594]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8465; Directorate Identifier 2014-NM-239-AD;
Amendment 39-18535; AD 2016-11-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.)

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2001-12-

18 for certain CASA Model CN-235 series airplanes. AD 2001-12-18
required modification of the rigging of the engine control cable
assembly and replacement of either the entire engine control cable
assembly or a segment of the control cables. This new AD would retain
the requirements of AD 2001-12-18. This new AD also requires repetitive
replacements of each power lever and condition lever Teleflex cable
with a new or serviceable part, and removes airplanes from the
applicability. This AD was prompted by reports of new occurrences of
cable disruption on a certain part number; the disruption is caused by
microcracks along the cable surface. We are issuing this AD to prevent
fatigue of the engine control cables, leading to breakage of the
cables, which could result in reduced controllability of the airplane.

DATES: This AD is effective July 6, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 6,
2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
25, 2001 (66 FR 33014, June 20, 2001).

ADDRESSES: For service information identified in this final rule,
contact EADS-CASA, Military Transport Aircraft Division (MTAD),
Integrated Customer Services (ICS), Technical Services, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax
+34 91 585 55 05; email<EMAIL_ADDRESS>Internet
http://www.eads.net. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8465.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8465; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2001-12-18, Amendment 39-12274 (66 FR 33014,
June 20, 2001) (``AD 2001-12-18''). AD 2001-12-18 applied to certain
CASA Model CN-235 series airplanes. The NPRM published in the Federal
Register on January 19, 2016 (81 FR 2783) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0262, dated December 5, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus
Defense and Space S.A. Model CN-235-100 and -200 airplanes. The MCAI
states:

    Three occurrences of cable disruption were reported in 1999. The
failed parts, having a part number (P/N) 7-44728-20, were part of
the engine control system assembly P/N 7-44728-12. Two cables were
connected to the Power Lever and one cable to the Condition Lever
control. Service records of the affected parts showed that each
cable accumulated more than 14,000 flight cycles (FC).
    The subsequent investigation determined that the disruption was
attributed to fatigue related crack.
    This condition, if not corrected, could lead to failure of the
engine control system resulting in a loss of the affected engine
control.
    Prompted by this unsafe condition, DGAC [Direcci[oacute]n
General de Aviaci[oacute]n Civil] Spain issued AD 03/00 [which
corresponds to FAA AD 2001-12-18] to require rigging of the throttle
stops, and one-time replacement of the affected engine control cable
assembly (P/N 7-44728-12), or the affected cable (P/N 7-44728-20)
before exceeding 12,000 FC.
    After that [DGAC Spain] AD was issued, a new occurrence of cable
(P/N 72830-20) disruption was reported. In that case, the affected
cable was part of the Condition Lever control and had accumulated
8,497 flight hours (FH) and 8,858 FC. Fractographic analysis of the
affected cable identified that the fatigue nucleation seemed to have
been induced by microcracks along the cable surface. Additionally,
another case of control cable (P/N 72830-20) failure was reported,
where the affected part accumulated 9,936 FH and 10,552 FC and was
part of the Power Lever control. Investigation of the latter case
identified again a fatigue nucleation to be the cause of the cable
failure.
    To address this potentially unsafe condition, Airbus Military
issued Alert Operators Transmission (AOT) AOT-CN235-76-0001 to
provide a repetitive replacement interval and instructions.
    For the reasons described above, this [EASA] AD retains the
requirements of DGAC Spain AD No. 03/00, which is superseded, but
requires repetitive replacement [at reduced thresholds] of the
affected Teleflex cables.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8465.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Clarification of Applicability

    We have clarified the Applicability in paragraph (c) of this AD.
For Model CN-235 airplanes, the affected serial numbers (S/N) are C-001
through C-015 inclusive. We have removed S/N C-074 for Model CN-235
airplanes because there are no Model CN-235 airplanes with that serial
number.
    For Model CN-235-100 and -200 airplanes, the affected serial
numbers are C-016 through C-073 inclusive. We have removed S/Ns C-001
through C-015 inclusive and C-074 for CN-235-100 and -200 airplanes
because there are no Model CN-235-100 and -200 with those serial
numbers.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Airbus Defense and Space S.A. has issued Airbus Military Alert
Operators

Transmission AOT-CN235-76-0001, dated May 27, 2014. This service
information describes repetitive replacements of each power lever and
condition lever Teleflex cable having a certain part number with a new
or serviceable part. This service information also provides a new life
limit of 5,000 flight cycles. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 3 airplanes of U.S. registry.
    The rigging required by AD 2001-12-18, and retained in this AD
takes about 8 work-hours per product, at an average labor rate of $85
per work-hour. Based on these figures, the estimated cost of the
rigging that was required by AD 2001-12-18 is $680 per product.
    The replacement required by AD 2001-12-18, and retained in this AD
takes about 47 work-hours per product, at an average labor rate of $85
per work-hour. Required parts cost about $1,444 per product. Based on
these figures, the estimated cost of the replacement that was required
by AD 2001-12-18 is $5,439 per product.
    We also estimate that it would take about 47 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts would cost about $6,480 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $31,425, or $10,475 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2001-12-18, Amendment 39-12274 (66 FR 33014, June 20, 2001), and adding
the following new AD:

2016-11-08 Airbus Defense and Space S.A. (formerly known as
Construcciones Aeronauticas, S.A.): Amendment 39-18535; Docket No.
FAA-2015-8465; Directorate Identifier 2014-NM-239-AD.

(a) Effective Date

    This AD is effective July 6, 2016.

(b) Affected ADs

    This AD replaces AD 2001-12-18, Amendment 39-12274 (66 FR 33014,
June 20, 2001) (``AD 2001-12-18'').

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. (formerly known
as Construcciones Aeronauticas, S.A.) Model CN-235 airplanes, serial
numbers C-001 through C-015 inclusive; and Model CN-235-100 and -200
airplanes, serial numbers C-016 through C-073 inclusive;
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 76, Engine
Controls.

(e) Reason

    This AD was prompted by reports of new occurrences of cable
disruption on a certain part number; the disruption is caused by
microcracks along the cable surface. We are issuing this AD to
prevent fatigue of the engine control cables, leading to breakage of
the cables, which could result in reduced controllability of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Action for the Power Lever and Condition Lever Control
Stops, With No Changes

    This paragraph restates the requirements of paragraph (a) of AD
2001-12-18. Within 15 days after July 25, 2001 (the effective date
of AD 2001-12-18): Rig the power lever and condition lever control
stops, in accordance with CASA COM 235-140, Revision 01, dated March
21, 2000.

(h) New Requirement of This AD: Replacement

    At the applicable compliance times specified in table 1 to
paragraph (h) of this AD: Replace each power lever and condition
lever Teleflex cable having part number (P/N) 72830-20 with a new or
serviceable part, in accordance with Airbus Military Alert Operators
Transmission AOT-CN235-76-0001, dated May 27, 2014. Repeat the
replacement thereafter at intervals not to exceed an accumulation of
5,000 total flight cycles on each Teleflex cable having P/N 72830-
20.

    Table 1 to Paragraph (h) of This AD--Replacement Compliance Time
------------------------------------------------------------------------
 Total flight cycles accumulated on the
   Teleflex cable having P/N 72830-20
    (since first installation on an              Compliance time
 airplane) as of the effective date of
                this AD
------------------------------------------------------------------------
Fewer than 4,700 total flight cycles...  Before accumulating 5,000 total
                                          flight cycles.
Equal to or more than 4,700 total        Within 300 flight cycles or 12
 flight cycles, but fewer than 6,000      months after the effective
 total flight cycles.                     date of this AD, whichever
                                          occurs first.

Equal to or more than 6,000 total        Within 200 flight cycles or 6
 flight cycles, but fewer than 7,000      months after the effective
 total flight cycles.                     date of this AD, whichever
                                          occurs first.
Equal to or more than 7,000 total        Within 100 flight cycles or 3
 flight cycles.                           months after the effective
                                          date of this AD, whichever
                                          occurs first.
------------------------------------------------------------------------

(i) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on
any airplane, a Teleflex cable having P/N 72830-20, unless the cable
has accumulated fewer than 5,000 total flight cycles since its first
installation on an airplane.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or EADS CASA's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0262, dated December 5, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-8465.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 6, 2016.
    (i) Airbus Military Alert Operators Transmission AOT-CN235-76-
0001, dated May 27, 2014.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
July 25, 2001 (66 FR 33014, June 20, 2001).
    (i) CASA COM 235-140, Revision 01, dated March 21, 2000.
    (ii) Reserved.
    (5) For service information identified in this AD, contact EADS-
CASA, Military Transport Aircraft Division (MTAD), Integrated
Customer Services (ICS), Technical Services, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 55 05; email<EMAIL_ADDRESS>
Internet http://www.eads.net.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 20, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12594 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Page 4648]
[FR Doc No: 2011-1576]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13808-000; Project No. 13813-000]

Lock+ Hydro Friends Fund XLIX; FFP Missouri 14, LLC; Notice
Announcing Filing Priority for Preliminary Permit Applications

January 19, 2011.
    On January 18, 2011, the Commission held a drawing to determine
priority between two competing preliminary permit applications with
identical filing times. In the event that the Commission concludes that
neither of the applicants' plans is better adapted than the other to
develop, conserve, and utilize in the public interest the water
resources of the region at issue, the priority established by this
drawing will serve as the tiebreaker. Based on the drawing, the order
of priority is as follows:
    1. Lock+ Hydro Friends Fund XLIX: Project No. 13808-000.
    2. FFP Missouri 14, LLC: Project No. 13813-000.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-1576 Filed 1-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Page 42816]
[FR Doc No: 2021-16721]

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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: RP21-982-000.
    Applicants: Sierrita Gas Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: LU and Fuel Update Filing to
be effective 9/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5009.
    Comments Due: 5 p.m. ET 8/10/21.

    Docket Numbers: RP21-983-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: FLU and EPC Update to be
effective 9/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5010.
    Comments Due: 5 p.m. ET 8/10/21.

    Docket Numbers: RP21-984-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service
Agreements--Peoples Primary Point Changes to be effective 8/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5011.
    Comments Due: 5 p.m. ET 8/10/21.

    Docket Numbers: RP21-985-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service
Agreement--DTE Energy Trading--8/1/2021 to be effective 8/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5012.
    Comments Due: 5 p.m. ET 8/10/21.

    Docket Numbers: RP21-986-000.
    Applicants: Granite State Gas Transmission, Inc.
    Description: Sec.  4(d) Rate Filing: A Limited Section 4 Rate
Change to be effective 9/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5059
    Comments Due: 5 p.m. ET 8/10/21.

    Docket Numbers: RP21-987-000.
    Applicants: Paiute Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Gas Quality Specifications to
be effective 8/30/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5060.
    Comments Due: 5 p.m. ET 8/10/21.

    Docket Numbers: RP21-988-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing Eastern Gas Transmission and Storage
Inc GSS and LSS Flow Thru Refund to be effective N/A.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5070.
    Comments Due: 5 p.m. ET 8/10/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: July 30, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-16721 Filed 8-4-21; 8:45 am]
BILLING CODE 6717-01-P


NEW JERSEY’S STORMWATER REGULATIONS

HELP COMMUNITIES AND PROTECT THE ENVIRONMENT

The Problem

New Jersey, the most densely populated States in the nation, is
experiencing growing pains.  People are moving from settled areas into
the countryside.  The price that we are paying for this sprawling
development is that our streams are being degraded, water supplies
diminished, and communities flooded.  Existing regulations and
prevailing land use development practices have proven to be ineffective
in controlling development’s contribution to these growing problems
and this downward spiral.

The Proof

Under a federally mandated clean-up program, sixty-five percent of New
Jersey's assessed waterways fail to meet water quality standards. Failed
water quality in our waterways destroys streams and pollutes surface
drinking water supplies.

The impervious surface that accompanies development increases the volume
of runoff, which conventional detention basins are not designed to
address. One study estimates that a flood event expected once every 100
years could occur every 5 years when impervious cover reaches 65%. The 2
to 5-year storms cause a lot of flood damage and channel erosion, and
contribute significant levels of nonpoint source pollution.

Because the peak flows from tributaries and detention systems merge
causing an increase in instream volume over a longer period of time, the
conventional detention basin approach exacerbates downstream flooding.

One recent study demonstrated that a typical suburban-density
development with the typical 23% impervious cover would deprive
groundwater aquifers of over 40 million gallons of recharge per square
mile annually.

A stream gone dry due to diminished base flow from groundwater aquifer

New Jersey has lost an estimated 40% of its wetlands and continues to
lose more each year.  Impervious cover over 10% harms wetlands and loss
of wetlands increases soil erosion, damages water quality and allows
increased sedimentation and polluted runoff into streams.

Economically, the costs increasing stormwater runoff are heavy.  Despite
over $25 billion being spent by the Army Corps since the early 1970’s,
annual flood losses average more than $4 billion per year, triple what
they were in 1951. In 1997, after heavy rainfalls, Atlantic and Monmouth
Counties had to open Red Cross shelters to aid over 4600 victims; in
1999, Hurricane Floyd damaged 12, 700 New Jersey homes costing more than
$26 million in Disaster Housing Assistance grants and $7.5 million to
repair public buildings and community infrastructure in the state.  In
year 2000, four dams failed in Northern New Jersey; the extensive
flooding that occurred prompted President Clinton to declare some New
Jersey communities, disaster areas.

The cost of traditional stormwater controls has risen for the developer
from about 25% of construction costs to 32%, raising the cost of
development and the price of housing.

New Jersey’s Stormwater Regulations

NJ Department of Environmental Protection adopted revised stormwater
regulations in February 2004.  These new rules require use of preventive
and mitigative stormwater solutions when land is developed.  The rules
focus on reducing the volume of stormwater runoff, ensuring needed
groundwater recharge, and putting in place stormwater runoff water
quality standards.  This approach replaces the old, ineffective
detention basin stormwater systems that were previously used to control
stormwater from development.  By using these new strategies, the new
regulations will reduce flood damages, drought conditions, erosion, and
pollution of our waterways and drinking water supplies at the source.
The regulations don’t stop growth but they reduce its harmful impacts.

How do they work and how do they help?

The regulations encourage conservation of existing natural features on a
development site to prevent runoff.  Effective use of conservation
design reduces the total volume of stormwater runoff, mitigates peak
rate impacts by increasing time of concentration, and effectively
minimizes a host of water quality, water temperature, and other vital
water resource impacts.  Natural features such as headwaters, wetlands,
floodplains, living ecosystems and their habitats are protected
providing multiple environmental benefits.

The regulations minimize impervious surfaces and protect natural
drainage features such as permeable soils and vegetation.  Avoiding soil
compaction on a site allows undisturbed soils to infiltrate rainfall and
remove pollutants.  Preserving native vegetation maximizes the
efficiency of a site to capture, store, and percolate which in turn
reduces volume and velocity of runoff.  “A mature forest can absorb as
much as 14 times more water than an equivalent area of grass” and a
neighborhood with 40% tree cover can reduce stormwater runoff volume by
60% more than a neighborhood without trees.  Soil erosion is also
prevented – existing soils and vegetation can reduce sediment
pollution by 90%.  And natural vegetation removes and processes nonpoint
source pollution such as nutrients and heavy metals.

The regulations protect public safety and reduce flood damages by
reducing the volume of runoff from a development site.  Infiltration
best management practices (BMPs) that retain the runoff from a 2-inch
storm (1 yr. storm event=2.5 in. rainfall in 24 hrs.) can reduce the
annual storm runoff volume by 95%.

The regulations insure recharge of aquifers, encouraging infiltration
through protective site design and best management practices.  It is
required that 100% of the water that recharged the aquifer on a site
before development continues to recharge after development or that the
stormwater measures employed prevent an increase in the amount of runoff
washed from the site after development in the small, i.e. 2-year storm.
Retaining the smaller, more frequent storms (95% of all rainfall in the
region is delivered in storms smaller than the 2-yr. storm) restores the
bulk of the rainfall to the natural hydrologic cycle.  Through
infiltration, groundwater is recharged, streams maintain healthy base
flows, and water is evaporated and transpirated, primarily through
vegetation.

The regulations prevent or minimize the sources and use of pollutants on
a site in order to protect water quality from nonpoint source pollution.
 The rules require a reduction in the amount of total suspended solids
by 80% of the load anticipated from the new development and reduce
nutrients to the maximum extent feasible from the new development.  How
is this done?   BMPs and conservation design principles are employed to
accomplish these water quality goals.  For instance, preserving a
forested riparian buffer along a stream on a development site can
eliminate 80% of phosphorus and will allow about 80% of nitrogen and
pesticides to be biodegraded.  And incorporating open space into a
development design can reduce stormwater runoff volume by 20% to 60%.,
as well as significantly reducing nonpoint source pollutants.

The regulations protect environmentally sensitive areas.  Habitats for
threatened and endangered species, FW 1 and Category 1 (C1) Waters are
given extra protection.  A 300 foot buffer of natural vegetation,
required for C1 waters, is necessary to insure that the exceptional
water quality of these streams are not degraded and also protects
wildlife and the living ecological community of the buffer and
floodplain.

The regulations provide social and community benefits through the
protection of water resources, reduction of flooding and drainage
damages, preserving environmental quality, preservation of open space
and biological diversity.  And economic values are also served.  For
instance, riparian buffers enhance property market values – e.g.
Pennypack Park, Philadelphia has been shown to increase by 38% the value
of nearby properties.  Preserving and improving water quality and the
replenishment of surface waters allows for less expensive treatment of
downstream drinking water to achieve safe standards.  Also, insuring the
recharge and protection of aquifers safeguards the groundwater that is
the sole source of water for well owners.  And a healthier environment
and an aesthetically pleasing landscape enhance the quality of life of
New Jersey’s residents.

The new regulatory approach benefits the economy.  Developers benefit by
avoiding disturbance of a site – minimizing clearing during the
construction phase can reduce earth movement and erosion and sediment
control costs by up to $5000/acre.  In a survey conducted by the
National Association of Home Builders, 43% of homebuyers paid a premium
of up to $3,000, 30% paid premiums of $3,000 to $5,000, and 27% paid
premiums of over $5,000 for homes with trees.  "Two regional economic
surveys documented that conserving forests on residential and commercial
sites enhanced property values by an average of 6 to 15% and increased
the rate at which units were sold or leased."  "It has been
conservatively estimated that over $1.5 billion per year is generated in
tax revenue for communities in the U.S. due to the value of
privately-owned trees on residential property."  And research has found
that people are willing to pay up to 15% more for homes with trees with
an estimated value of about $6,750 a tree.  Developments incorporating
open space have greater marketability – in Bucks County, the Fairview
subdivision (23% open space, 31% farmland) was the fastest selling
subdivision in its price range.

The stormwater rules are in effect now and municipalities are required
to enforce them through Residential Site Improvement Standards, which
have been revised to reflect the new stormwater regulations.  Therefore,
municipalities are responsible for implementing them locally today.
However, there are other changes to local regulations needed to
accomplish full implementation for all development and to address
existing sources of nonpoint source pollution.

The federal government recognized that nonpoint source pollution is the
primary cause of stream degradation across the Nation.  In an effort to
address this, the U.S. Environmental Protection Agency required all
states to revise their National Pollutant Discharge Elimination System
program (NPDES) by 2005.  New Jersey adopted a rule change to its NJPDES
program in tandem with these new stormwater regulations, setting in
motion a schedule for compliance at the local and County level.

Affected municipalities are to adopt a Municipal Stormwater Plan into
their Master Plan by April 2005; guidelines about how to do this have
been provided by NJDEP and most towns have complied.  By April 2006, the
municipality’s development regulations are to be amended to be
consistent with the Plan and the state rules and a Municipal Stormwater
Ordinance is to be adopted.  Communities can work with others in their
watershed to address regional issues and implement watershed-based
regional stormwater plans to cut across political boundaries in order to
protect shared resources and natural assets.

Finally, the rules encourage redevelopment of urban areas by including
special exceptions, which combats sprawl development and provides
compelling environmental benefits.  A Delaware Estuary Program study
found that concentrating growth in existing centers "resulted in a
savings of $28.8 million in local road costs, $9.1 million in annual
water treatment costs, $8.3 million in annual sewer treatment costs, as
well as an 8.4% reduction in overall housing costs and a 6.9% savings in
annual costs of local public sector services."

Prepared by Delaware Riverkeeper Network

300 Pond Street, Second floor

Bristol, PA 19007

Phone:<PHONE_NUMBER>

Visit us at www.delawareriverkeeper.org

 Widener Environmental and Natural Resources Law Clinic analysis, 1999;
EPA Office of Water, National Water Quality Inventory: 1998 Report to
Congress,   HYPERLINK http://www.epa.gov/305b/98report/nj.html
www.epa.gov/305b/98report/nj.html

 NRDC, Stormwater Strategies, 1999 on Hollis, G.E., “The Effect of
Urbanization on Floods of Different Recurrence Interval”, Water
Resources Research, vol.11, no.3, June 1975, p.434

 Pennsylvania Handbook of Best Management Practices for Developing
Areas, Prepared by CH2MHILL, Spring 1998, p. 6-2

 Bruce K. Ferguson, Stormwater Infiltration, CRC Press, 1994, p. 165

 Stormwater Management Systems, Porous Pavement System with Underground
Recharge Beds, Engineering Design Report, Cahill Associates, Spring,
1993

 NJDEP, Division of Science, Research, and Technology, “Creating
Indicators of Wetland Status (Quantity and Quality): Freshwater Wetland
Mitigation in New Jersey”, March 2002.

 Hicks, Anna L., “Impervious Surface Area and Benthic
Macroinvertebrate Response as an Index of Impact from Urbanization on
Freshwater Wetlands”, unpublished MS Thesis, Dept. of Forestry and
Wildlife Management, University of Massachusetts, Amherst, MA, 1995.

 Clean Water Network and NRDC,  "Wetlands for Clean Water, How Wetlands
Protect Rivers, Lakes and Coastal Waters from Pollution", April 1997

 National Wildlife Federation, Higher Ground, A Report on Voluntary
Property Buyouts in the Nation's Floodplains, July 1998

 "Flood Policy and Flood Management: A Post-Galloway Progress Report",
River Voices, Vol8, No. 2, Summer, 1997

 Brown and Schueler for Chesapeake Research Consortium, “The Economics
of Stormwater BMP’s in the Mid-Atlantic Region”, 1997

 DNREC and Brandywine Conservancy, Conservation Design for Stormwater
Management:  A Design Approach to Reduce Stormwater Impacts from Land
Development and Achieve Multiple Objectives Related to Land Use,
September, 1997, p. 4-24 - 4-25

 DNREC and Brandywine Conservancy, Conservation Design for Stormwater
Management:  A Design Approach to Reduce Stormwater Impacts from Land
Development and Achieve Multiple Objectives Related to Land Use,
September, 1997, p. 2-23

 Gary Moll, "America's Urban Forests:  Growing Concerns", American
Forests, Autumn 1997

 NRDC, Stormwater Strategies, 1999 on Hollis, G.E., “The Effect of
Urbanization on Floods of Different Recurrence Interval”, Water
Resources Research, vol.11, no.3, June 1975

 Bruce K. Ferguson, Stormwater Infiltration, CRC Press, 1994, p. 38;
DNREC and Brandywine Conservancy, Conservation Design for Stormwater
Management:  A Design Approach to Reduce Stormwater Impacts from Land
Development and Achieve Multiple Objectives Related to Land Use,
September, 1997, p. 3-6 & 3-7; Pennsylvania Handbook of Best Management
Practices for Developing Areas, Prepared by CH2MHILL, Spring 1998, p.
1-25

 Northeastern Illinois Planning Commission, "Reducing the Impacts of
Urban Runoff: The Advantages of Alternative Site Design Approaches",
April, 1997, p. 27

 Bruce K. Ferguson, Stormwater Infiltration, CRC Press, 1994, p. 168.

 David Welsch, Forest Resources Management, USDA Forest Service,
“Riparian Forest Buffers: Function and Design for Protection and
Enhancement of Water Resources.

 Center for Watershed Protection, Better Site Design: A Handbook for
Changing Development Rules in Your Community, August, 1998,  p. 94;
DNREC and Brandywine Conservancy, Conservation Design for Stormwater
Management:  A Design Approach to Reduce Stormwater Impacts from Land
Development and Achieve Multiple Objectives Related to Land Use,
September, 1997, p. 3-21

 Center for Watershed Protection, Better Site Design: A Handbook for
Changing Development Rules in Your Community, August, 1998,  p. 95

 Todd, "Making Decisions About Riparian Buffer Width," International
Conference on Riparian Ecology and Management in Multi-Land Use
Watersheds, Conference Proceedings, American Water Resources
Association, August 28-31, 2000; Fischer, Martin and Fischenich,
"Improving Riparian Buffer Strips and Corridors for Water Quality and
Wildlife," International Conference on Riparian Ecology and Management
in Multi-Land Use Watersheds, Conference Proceedings, American Water
Resources Association, August 28-31, 2000

 Center for Watershed Protection, Better Site Design: A Handbook for
Changing Development Rules in Your Community, August, 1998, p. 134.

 Center for Watershed Protection, "Better Site Design: A Handbook for
Changing Development Rules in Your Community", August, 1998, p. 146
citing DE DNREC, 1997.

 Cheryl Kollin, "Designing with Nature and Showing the Benefits", Land
Development, National Association of Home Builders, Winter, 1997

 Center for Watershed Protection, Better Site Design: A Handbook for
Changing Development Rules in Your Community, August 1998 citing two
studies by Morales and Weyerhauser.

 Center for Watershed Protection, Better Site Design: A Handbook for
Changing Development Rules in Your Community, August, 1998 Citing USDA
and the National Arbor Day Foundation

  Editor, "Yes, It Does Grow on Trees", Garden Design, 2000.

 Center for Watershed Protection, Better Site Design: A Handbook for
Changing Development Rules in Your Community, August, 1998, p. 97

 Arnold and Gibbons, "Impervious Surface Coverage, the Emergence of a
Key Environmental Indicator", APA Journal, Spring 1996, p. 254, citing
Burchell, Dolphin and Moskowitz, 1995


[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29769-29772]
[FR Doc No: 2015-12414]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74987; File No. SR-BATS-2015-37]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change, and Amendment No. 1 Thereto, To Amend
Rule 11.2 To State That the BATS Exchange, Inc. Will Not Designate for
Trading Any Security Admitted to Unlisted Trading Privileges on the
Exchange Unless That Security Satisfies Certain Liquidity Requirements

May 18, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 5, 2015, BATS Exchange, Inc. (the ``Exchange'' or ``BATS'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the Exchange. On May 15, 2015, the Exchange
filed Amendment No. 1 to the proposal. Amendment No. 1 amended and
replaced the original proposal in its entirety. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment No. 1, from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to amend Rule 11.2 to state that the
Exchange will not designate for trading any security admitted to
unlisted trading privileges on the Exchange unless that security
satisfies certain liquidity requirements, as further described below.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    With limited exception, the current equity market structure under
Regulation NMS applies the same rules with respect to, among other
things, tick sizes, order protection, locked and crossed markets, and
access fees to all exchange-listed securities. The Exchange believes
that Regulation NMS, along with technological advancements, has
produced great efficiencies to the equity market, resulting in intense
competition between exchanges and broker-dealers. The Exchange believes
the net result for most exchange-listed securities has been decreases
in transaction costs, including decreases in explicit commissions and
the narrowing of effective spreads investors pay to enter and exit
positions. However, the Exchange recognizes that not all

exchange-listed securities have benefited to the same extent under the
current one-size fits all approach to the equity market. In particular,
investors continue to experience difficulty trading illiquid
securities, including paying higher effective spreads and difficulty
sourcing liquidity across multiple exchanges and non-exchange trading
venues while minimizing market impact.
    The Exchange believes the market quality of securities that are
today illiquid could benefit from a concentration of quoted liquidity
on the listing exchange. By concentrating quoted liquidity on the
listing exchange, for the reasons discussed below, the Exchange
believes liquidity providers will quote more competitively, resulting
in more efficient price formation and a narrower national best bid or
offer (``NBBO''), as well as the display of more quoted size at price
levels outside the NBBO (``depth of book''). In turn, the Exchange
believes that these enhancements to market quality could ultimately
increase investor and member interest in such securities resulting in
greater average daily trading volume. As such, as described below, the
Exchange is proposing to adopt rules to clarify the circumstances under
which the Exchange would voluntarily provide advance notice to the
industry that it is ceasing to quote and trade certain specific
illiquid securities until such securities meet and sustain an average
daily volume threshold indicative of increased liquidity.
    In particular, the Exchange proposes to amend Rule 11.2 to state
that the Exchange may determine not to designate for trading any
security admitted to unlisted trading privileges on the Exchange if
that security falls below certain consolidated average daily volume
requirements, as further described below. Rule 11.2 currently states
that any class of securities listed or admitted to unlisted trading
privileges on the Exchange pursuant to Chapter XIV of the Exchange's
rules \3\ shall be eligible to become designated for trading on the
Exchange. The Rule further states that all securities designated for
trading are eligible for odd-lot, round-lot and mixed-lot executions,
unless otherwise indicated by the Exchange or limited pursuant to
Exchange rules. The Exchange proposes to include these existing
provisions of Rule 11.2 within subparagraph (a) of the proposed rule in
order to separately propose additional provisions under subparagraphs
(b), (c), and (d).
---------------------------------------------------------------------------

    \3\ Chapter XIV of the Exchange's rules discusses the securities
eligible to be designated for trading on the Exchange. Exchange Rule
14.11(j), in particular, states that the Exchange may extend
unlisted trading privileges to NMS Stock (as defined in Rule 600 of
Regulation NMS under the Act) that is listed on another national
securities exchange.
---------------------------------------------------------------------------

    The Exchange proposes to add new subparagraph (b) to Rule 11.2,
which would state that the Exchange may determine not to designate for
trading any security admitted to unlisted trading privileges on the
Exchange pursuant to Chapter XIV of the Exchange's rules when that
security's consolidated average daily trading volume is equal to or
less than 2,500 shares during the preceding 90 calendar days.\4\ The
Exchange further proposes to add new subparagraph (c) to Rule 11.2,
which would state that any security not designated for trading by the
Exchange pursuant to subparagraph (b) of this Rule may be designated
for trading by the Exchange if its consolidated average daily trading
volume exceeds 5,000 shares over any 90 calendar day period since the
security was not designated for trading pursuant to subparagraph (b).
The Exchange also proposes to make clear that new subparagraph (c) is
not intended to limit the Exchange's ability to designate any security
for trading pursuant to the Exchange's general authority under
subparagraph (a) of Rule 11.2. The Exchange also proposes to add new
subparagraph (d) to Rule 11.2, which would require the Exchange to
provide notice at least one trading day in advance of any securities it
is making unavailable for trading pursuant to subparagraph (b) of Rule
11.2, and any securities it is making available for trading under
subparagraph (c) of Rule 11.2.
---------------------------------------------------------------------------

    \4\ Based on internal statistics, the Exchange anticipates that
limiting the rule's applicability to those securities with a
consolidated average daily trading volume of 2,500 shares or less
during the preceding 90 calendar days will affect approximately 700
securities.
---------------------------------------------------------------------------

    While the Exchange is proposing to retain discretion over whether
it will in fact determine not to quote and trade securities that meet
the criteria described in proposed new subparagraphs (b) and (c) of
Rule 11.2, the Exchange notes that nothing in its rules or applicable
securities regulation requires it to designate for trading any class of
securities listed or admitted to unlisted trading privileges on the
Exchange pursuant to Chapter XIV of the Exchange's rules. The Exchange
believes that adopting such a provision in its rules could enhance
market quality for securities falling below the consolidated average
daily volume threshold by facilitating the concentration of quoted
liquidity on the listing exchange.\5\ In determining whether to
exercise its discretion under proposed new subparagraphs (b) and (c) of
Rule 11.2, the Exchange would consider such factors as member and
investor feedback as well as whether the other non-listing exchanges
have decided to cease quoting and trading in the effected securities.
The Exchange further believes that adoption of a rule requiring it to
provide advance notice to its members of any securities the Exchange is
choosing not to trade under proposed new subparagraph (b) of Rule 11.2
and any securities it is making available for trading pursuant to
proposed new subparagraph (c) of Rule 11.2 will help avoid confusion by
providing transparency and certainty to members and investors regarding
the securities the Exchange is or is not designating for quoting and
trading on the Exchange.
---------------------------------------------------------------------------

    \5\ The Exchange understands that the EDGX Exchange, Inc., EDGA
Exchange, Inc., and BATS Y-Exchange, Inc. will separately file
substantially similar proposed rule changes with the Commission.
---------------------------------------------------------------------------

    The Exchange believes that limiting the impact of paragraph (b) of
the proposed rule change to securities with a consolidated average
daily trading volume that is equal to or less than 2,500 shares during
the preceding 90 calendar days is reasonable because such securities
tend to be illiquid, as reflected by larger quoted and effective
spreads, with smaller quoted size at both the NBBO and throughout the
depth of book than more actively-traded securities. Similarly, the
Exchange believes that considering to designate for trading those
securities that have not been trading on the Exchange pursuant to
paragraph (b) once such securities have a consolidated average daily
trading volume that exceeds 5,000 shares over a 90 calendar day period
since the security was not designated for trading pursuant to proposed
subparagraph (b) of Rule 11.2 is reasonable because such activity may
demonstrate that such securities are now trading more effectively. The
Exchange believes that its proposed rule changes may facilitate an
improvement in market quality for the effected securities.\6\ In
particular, the Exchange

believes that by concentrating the quoted liquidity in such securities
on the listing exchange, liquidity providers will be incented to quote
on such exchange more competitively, resulting in narrower bid-ask
spreads and greater quoted depth of book. The Exchange believes
liquidity providers would be so incented because concentrating the
quoted liquidity in such securities on the listing exchange would: (i)
Reduce liquidity providers' risk of adverse selection inherent in
quoting in a fragmented market, (ii) provide greater certainty of
execution on the one exchange at which liquidity providers are quoting,
and (iii) enhance competition for order book priority at the NBBO and
throughout the depth of book. Although the Exchange would be
voluntarily foregoing potential market share by not quoting and trading
securities subject to the Rule, the Exchange believes the
aforementioned enhancements in market quality may increase investor
interest in trading such securities, which in turn would generate
increased volume and ultimately benefit the Exchange once such
securities become eligible for trading on the Exchange under the rule
in the future.
---------------------------------------------------------------------------

    \6\ Based on an internal study, the Exchange believes a majority
of the securities that would be covered by the Rule's criteria are
small-cap companies (i.e., companies with a market capitalization of
$250 million or less). Suggesting that the current U.S. equity
market often fails to provide sufficient liquidity for the
securities of small-cap companies, the Commission's Advisory
Committee on Small and Emerging Companies (``Advisory Committee'')
recommended to the Commission concentrating the market for such
securities through the creation of a separate U.S. equity market.
See Recommendations Regarding Separate U.S. Equity Market for
Securities of Small and Emerging Companies, by the Advisory
Committee on Small and Emerging Companies, dated February 1, 2013.
The Advisory Committee also stated that other actions with respect
to trading venues may also be warranted to facilitate liquidity in
small and emerging companies. Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the ``Act'')
\7\ and further the objectives of Section 6(b)(5) of the Act \8\
because they are designed to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange notes that nothing in its rules or any applicable
securities regulation requires it to designate for trading any class of
securities listed or admitted to unlisted trading privileges on the
Exchange pursuant to Chapter XIV of the Exchange's rules. However, the
Exchange believes adopting a rule to clarify the circumstances under
which the Exchange would voluntarily provide advance notice to the
industry that it is ceasing to quote and trade certain specific
illiquid securities until such securities meet and sustain a
consolidated average daily volume threshold indicative of increased
liquidity would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system by facilitating the concentration of displayed
liquidity on the listing exchange for effected securities, which the
Exchange believes could enhance the market quality of such
securities.\9\ The Exchange believes that concentrating displayed
liquidity on the listing exchange in certain illiquid securities may
enhance market quality of such securities by enabling liquidity
providers to more efficiently form competitive prices at the NBBO, and
to provide greater quoted depth of book. In addition, the Exchange
believes that if displayed liquidity is concentrated on the listing
exchange in such securities, the listing exchange may have flexibility
to innovate with alternative market structures, such as variable tick
sizes or periodic batch auctions that are not currently possible under
Regulation NMS when multiple exchanges are quoting and trading the
securities, and which may further enhance the market quality of the
effected illiquid securities.\10\
---------------------------------------------------------------------------

    \9\ See supra note 6.
    \10\ The Exchange is not proposing or advocating any form of
trade-at prohibition, which, depending on its various iterations,
would generally act to prevent trading off-exchange without first
executing against all equal or better priced protected quotations.
Rather, the Exchange is proposing and advocating a reduction in the
number of displayed venues on which certain illiquid securities will
be quoted and traded, which the Exchange believes will concentrate
the quoting activity serving to enhance quote competition and
thereby increase market quality by narrowing the NBBO and increasing
the quoted depth of book for effected securities, without regard to
off-exchange trading.
---------------------------------------------------------------------------

    The proposed rule change promotes just and equitable principles of
trade because it will provide certainty and transparency to members and
investors with respect to which securities the Exchange will or will
not designate for quoting and trading on the Exchange, thereby avoiding
confusion.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule changes will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that nothing in its rules or any applicable securities regulation
require it to designate for trading any class of securities listed or
admitted to unlisted trading privileges on the Exchange pursuant to
Chapter XIV of the Exchange's rules. The Exchange believes enacting
such a provision in its rules would not impose a burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. While the Exchange will be voluntarily foregoing potential
market share by not quoting and trading securities subject to the rule,
the Exchange believes the proposal will enhance market quality in such
securities by increasing quoting competition among liquidity providers
on the listing exchange, which will result in better prices at the NBBO
and greater depth of book. The Exchange further believes these
enhancements in market quality may increase investor interest in
trading such securities, which in turn would improve competition by
generating increased volume which would also ultimately benefit the
Exchange once such securities become eligible for trading on the
Exchange under the rule in the future.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2015-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2015-37. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also 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-BATS-2015-37 and should be
submitted on or before June 12, 2015.

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

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12414 Filed 5-21-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Page 8968]
[FR Doc No: 2017-02098]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form 5; SEC File No. 270-323, OMB Control No. 3235-0362.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Under Section 16(a) of the Securities Exchange Act of 1934
(``Exchange Act'') (15 U.S.C. 78a et seq.) every person who is directly
or indirectly the beneficial owner of more than 10 percent of any class
of any equity security (other than an exempted security) which
registered pursuant to Section 12 of the Exchange Act, or who is a
director or an officer of the issuer of such security (collectively
``reporting persons''), must file statements setting forth their
security holdings in the issuer with the Commission. Form 5 (17 CFR
249.105) is an annual statement of beneficial ownership of securities.
Approximately 3,904 reporting persons file Form 5 annually and we
estimate that it takes approximately one hour to prepare the form for a
total of 3,904 annual burden hours.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: January 25, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02098 Filed 1-31-17; 8:45 am]
BILLING CODE 8011-01-P


1Described in Domestic Sewage Study as " Waste Treatment and Disposal Facilities"

2Described in DSS and NRDC notice as " Equipment Manufacturing and Assembly"

3Included in DSS description of " Transportation Services"

4Included in DSS description of " Waste Reclamation Services"

(((((((((((((((((((((((((((((((((

Plaintiffs' Exhibit G Civ. No. 89 2980 EFFLUENT GUIDELINE CATEGORIES The following is a list of known categories of dischargers potentially subject to Section 304( m) guidelines planning based on information available to EPA.

A. Industries in 304( m) Notice 1. Pesticide Chemicals 2. Pharmaceutical Manufacturing 3. Hazardous Waste Treatment1 4. Pulp, Paper and Paperboard 5. Machinery Manufacturing and Rebuilding2 6. Oil and Gas Extraction ( Coastal Subcategory) 7. Oil and Gas Extraction ( Offshore Subcategory) 8. Transportation Cleaning3 9. Industrial Laundries 10. Oil and Gas Extraction ( Stripper Subcategory) 11. Waste Oil Reclamation and Re Refining 12. Drum Reconditioning3 13. Solvent Recycling4 14. Hospitals 15. Paint Manufacturing ( additional subcategories)

B. Additional Industries Recommended by HQ and/ or Regional Staff ( For this 304( m) plan)

16. Iron and Steel Manufacturing 17. Leather Tanning and Finishing 18. Metal Finishing 19. Nonferrous Metals Manufacturing 20. Organic Chemicals, Plastics and Synthetic Fibers 21. Petroleum Refining 22. Shipbuilding and Dry Docks 23. Steam Electric Power Generating 24. Textile Mills 25. Timber Products Processing 5Described collectively in DSS and NRDC notice as " Food Processing"

6DSS description for " Service Industries" includes " photographic processing," for which there is an existing regulation. Other industries which migh be included are not covered by existing categorical regulations. 2 C. Other Categories Specificaly Cited by NRDC ( in 12/ 88 Notice)

26. Adhesives and Sealants 27. Coal Mining 28. Combined Sewer Overflows 29. Construction 30. Cosmetics, Fragrants, Flavors and Food Additives 31. Fertilizer Manufacturing 32. Fruits and Vegetables Processing5 33. Grain Mills Manufacturing5 34. Hazardous Waste Cleanups 35. Laboratories 36. Meat Products5 37. Miscellaneous Chemical Formulations 38. Motor Vehicle Services 39. Ore Mining and Dressing 40. Plastics Molding and Forming 41. Printing and Publishing 42. Rubber Manufacturing 43. Seafood Processing5 44. Service Industries6 45. Soap and Detergent Manufacturing 46. Waste Reclamation Services and Waste Treatment and Disposl Facilities 47. Wholesale and Retail Trade 48. Wood Manufacturing and Recycling D. Other Industries Not Specificaly Mentioned in NRDC Notice ( e. g. Paragraph 8 Exemptions)

49. Aluminum Forming 50. Asbestos Manufacturing 51. Battery Manufacturing 52. Carbon Black Manufacturing 53. Coil Coating 54. Copper Forming 55. Electrical and Electronic Components 56. Electroplating 57. Explosives Manufacturing 58. Feedlots 59. Ferroalloy Manufacturing 60. Glass Manufacturing 3 61. Gum and Wood Chemicals Manufacturing 62. Ink Formulating 63. Inorganic Chemicals 64. Metals Molding and Casting 65. Mineral Mining and Processing 66. Nonferrous Metals Forming and Metal Powders 67. Paving and Rooding Materials ( Tars and Asphalt) 68. Phosphate Manufacturing 69. Porcelain Enameling 70. Sugar Processing


[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Rules and Regulations]
[Pages 78705-78707]
[FR Doc No: 2020-26816]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0810; Airspace Docket No. 19-ANM-101]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Helena, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies the Class D airspace at Helena Regional
Airport. This action also modifies the Class E airspace, designated as
a surface area. Additionally, this action establishes Class E airspace,
designated as an extension to a Class D or Class E surface area.
Further, this action modifies the Class E airspace, extending upward
from 700 feet above the surface. Also, this action modifies the Class E
airspace extending upward from 1,200 feet above the surface. This
action removes the Helena VORTAC from the airspace legal descriptions.
Lastly, this action implements administrative corrections to the
airspaces' legal descriptions.

DATES: Effective 0901 UTC, February 25, 2021. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, 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 Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class D and Class E airspace at Helena Regional Airport,
Helena, MT, to ensure the safety and management of Instrument Flight
Rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 59700; September 23, 2020) for Docket No. FAA-2020-
00810 to modify Class D and Class E airspace at Helena Regional
Airport, Helena, MT. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. One comment, that is not germane to the proposed airspace
action, was received.
    Class D, E2, E4, and E5 airspace designations are published in
paragraphs 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11E, dated July 21, 2020, and effective September 15, 2020, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations part 71
modifies the Class D airspace at Helena Regional Airport, Helena, MT.
The action modifies the Class D airspace by adding extensions to the
east and west of the airport, to properly contain IFR departures to 700
feet above the surface. The airspace area is described as follows: That
airspace extending upward from the surface to and including 6,400 feet
within a 4.4-mile radius of the airport, and within 2 miles each side
of the 091[deg] bearing from the airport, extending from the 4.4-mile
radius to 5.2 miles east of the airport, and within 2 miles each side
of 292[deg] bearing from the airport, extending from the 4.4-mile
radius to 5.8 miles west of Helena Regional Airport. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart Supplement.
This action also modifies the Class E airspace, designated as a surface
area, to be coincident with the new Class D dimensions. The airspace

area is as follows: That airspace extending upward from the surface
within a 4.4-mile radius of the airport, and within 2 miles each side
of the 091[deg] bearing from the airport, extending from the 4.4-mile
radius to 5.2 miles east of the airport, and within 2 miles each side
of 292[deg] bearing from the airport, extending from the 4.4-mile
radius to 5.8 miles west of Helena Regional Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart Supplement.
    Additionally, this action establishes Class E airspace, designated
as an extension to a Class D or Class E surface area. This airspace
area is designed to contain IFR aircraft descending below 1,000 feet
above the surface. The airspace area is described as follows: That
airspace extending upward from the surface within an area bounded by a
line beginning at lat. 46[deg]34'18.57'' N, Long. 111[deg]51'30.319''
W, to lat. 46[deg]38'5.89'' N, Long. 111[deg]51'24.53'' W, to lat.
46[deg]37'12.53'' N, Long. 111[deg]45'24.67'' W, to lat.
46[deg]32'22.72'' N, Long. 111[deg]46'31.44'' W, to lat.
46[deg]33'24.13'' N, Long. 111[deg]54'20.01'' W, then counter-clockwise
along. the 4.4-mile radius of the airport to lat. 46[deg]34'20.01'' N,
Long. 111[deg]53'22.03'' W, then to the point of beginning, and within
an area bounded by a line beginning at lat. 46[deg]38'39.95'' N, Long.
112[deg]06'47.50''W, to lat. 46[deg]36'47.49'' N, Long.
112[deg]07'53.41'' W, to lat. 46[deg]37'22.52'' N, Long.
112[deg]11'37.80'' W, to lat. 46[deg]39'19.40'' N, Long.
112[deg]10'58.64'' W, then to the point of beginning west of Helena
Regional Airport.
    Further, this action modifies the Class E airspace extending upward
from 700 feet above the surface. The action properly sizes the airspace
to contain IFR departures to 1,200 feet above the surface and IFR
arrivals descending below 1,500 feet above the surface. The airspace
area is described as follows: That airspace extending upward from 700
feet above the surface within an 8.3-mile radius of the airport, and
within 1 mile each side of the 103[deg] bearing from the airport,
extending from the 8.3-mile radius to 10.7 miles east of the airport,
and within 1.8 miles each side of the 281[deg] bearing from the
airport, extending from the 8.3-mile radius to 18.1 miles west of
Helena Regional Airport. This action also modifies the Class E airspace
extending upward from 1,200 feet above the surface to properly contain
IFR aircraft transitioning to/from the terminal and en route
environments. The airspace area is described as follows: That airspace
extending upward from 1,200 feet above the surface within a 36-mile
radius of Helena Regional Airport. The action also removes the Helena
VORTAC and all references to the VORTAC from the Class D, E2, and E5
legal descriptions. The navigational aid is not needed to define the
airspace. Removal of the navigational aid allows the airspace to be
defined from a single reference point which simplifies how the airspace
is described. The action also updates the airport's geographic
coordinates to match the FAA database. The coordinates should read lat.
46[deg]36'24'' N, Long. 111[deg]59'0.0'' W. Additionally, the term
``Airport/Facility Directory'' in the last sentence of the Class D and
Class E2 airspace legal descriptions is outdated, the term is updated
to ``Chart Supplement''. FAA Order 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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000. Class D Airspace.

* * * * *

ANM MT D Helena, MT [Amended]

Helena Regional Airport, MT
    (Lat. 46[deg]36'24'' N, long. 111[deg]59'0.0'' W)

    That airspace extending upward from the surface to and including
6,400 feet within a 4.4-mile radius of the airport, and within 2
miles each side of the 091[deg] bearing from the airport, extending
from the 4.4-mile radius to 5.2 miles east of the airport, and
within 2 miles each side of 292[deg] bearing from the airport,
extending from the 4.4-mile radius to 5.8 miles west of Helena
Regional Airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002. Class E Airspace Areas Designated as a Surface
Area.

* * * * *

ANM MT E2 Helena, MT [Amended]

Helena Regional Airport, MT
    (Lat. 46[deg]36'24'' N, long. 111[deg]59'0.0'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of the airport, and within 2 miles each side of the
091[deg] bearing from the airport, extending from the 4.4-mile
radius to 5.2 miles east of the airport, and within 2 miles each
side of 292[deg] bearing from the airport, extending from the 4.4-
mile radius to 5.8 miles west of Helena Regional Airport. This Class
E airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004. Class E Airspace Areas Designated as an Extension
to a Class D or Class E Surface Area.

* * * * *

ANM MT E4 Helena, MT [New]

Helena Regional Airport, MT

    (Lat. 46[deg]36'24'' N, long. 111[deg]59'0.0'' W)

    That airspace extending upward from the surface within an area
bounded by a line beginning at Lat. 46[deg]34'18.57'' N, long.
111[deg]51'30.319'' W, to Lat. 46[deg]38'5.89'' N, Long.
111[deg]51'24.53 '' W, to Lat. 46[deg]37'12.53'' N, long.
111[deg]45'24.67 '' W, to Lat. 46[deg]32'22.72'' N, Long.
111[deg]46'31.44'' W, to Lat. 46[deg]33'24.13'' N, Long.
111[deg]54'20.01'' W, then counter-clockwise along the 4.4-mile
radius of the airport to Lat. 46[deg]34'20.01'' N, long.
111[deg]53'22.03'' W, then to the point of beginning, and within an
area bounded by a line beginning at Lat. 46[deg]38'39.95'' N, long.
112[deg]06'47.50'' W, to Lat. 46[deg]36'47.49'' N, long.
112[deg]07'53.41'' W, to Lat. 46[deg]37'22.52'' N, long.
112[deg]11'37.80'' W, to Lat. 46[deg]39'19.40'' N, long.
112[deg]10'58.64'' W, then to the point of beginning west of Helena
Regional Airport.

Paragraph 6005. Class E Airspace Areas Extending Upward from 700
feet or more above the Surface of the Earth.

* * * * *

ANM MT E5 Helena, MT [Amended]

Helena Regional Airport, MT
    (Lat. 46[deg]36'24'' N, long. 111[deg]59'0.0'' W)

That airspace extending upward from 700 feet above the surface
within an 8.3-mile radius of the airport, and within 1 mile each
side of the 103[deg] bearing from the airport, extending from the
8.3-mile radius to 10.7 miles east of the airport, and within 1.8
miles each side of the 281[deg] bearing from the airport, extending
from the 8.3-mile radius to 18.1 miles west of the airport; and that
airspace extending upward from 1,200 feet above the surface within a
36-mile radius of Helena Regional Airport.

    Issued in Seattle, Washington, on December 1, 2020.
B. G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-26816 Filed 12-4-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 14, 2007 (Volume 72, Number 219)]
[Rules and Regulations]
[Page 63992-63994]
[DOCID:fr14no07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0321; FRL-8153-5]

Sethoxydim; Pesticide Tolerance Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendment.

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SUMMARY:  EPA issued an amendment establishing tolerances for combined
residues of sethoxydim; 2-[1-(ethoxyimino)butyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one; and its metabolites
containing the 2-cyclohexen-1-one moiety (calculated as sethoxydim) in
or on buckwheat grain, buckwheat flour, okra, borage seed, borage meal,
fresh

dillweed leaves, radish tops, turnip greens, and vegetable, root and
tuber, group 1 (72 FR 8916, February 28, 2007). The tolerances were
requested by Interregional Research Project No. 4 (IR-4) under the
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA). Because of a technical error
with the structure of the regulatory table, the amendments adding new
commodities to the sethoxydim tolerances could not be made. This
technical amendment is being issued to correctly show the content of
Sec.  180.412(a).

DATES: This final rule is effective November 14, 2007.

ADDRESSES:  EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0321. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., 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 either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Drive Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under the FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. What Does this Technical Amendment Do?

    In the Febrary 28, 2007 issue of the Federal Register, EPA issued
an amendment establishing tolerances for combined residues of
sethoxydim; 2-[1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-
2-cyclohexen-1-one; and its metabolites containing the 2-cyclohexen-1-
one moiety (calculated as sethoxydim) (72 FR 8916). The amendments
removed the commodities: ``Beet, garden'', ``Beet, sugar,
roots'',``Carrot, roots'' ``Horseradish'', and ``Tuberous and corm
vegetablecrop subgroup''; and added borage, meal at 10 ppm; borage,
seed at 6.0 ppm; buckwheat, flour at 25 ppm; buckwheat, grain at 19
ppm; dillweed, fresh leaves at 10; okra at 2.5 ppm; radish, tops at 4.5
ppm; turnip, greens at 5.0 ppm, and vegetable, root and tuber, group 1
at 4.0 ppm to the table in Sec.  180.412(a). The tolerances were
requested by Interregional Research Project No. 4 (IR-4) under the
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA). The Office of Federal Register
removed those commodities that were designated for removal; however,
because of a technical problem with the structure of the table as it
appeared in the February 28, 2007 amendment to Sec.  180.412(a), the
Office of the Federal Register could not incorporate those commodities
that were added. This technical amendment is being issued to correctly
promulgate and show the content of Sec.  180.412(a).

II. Why is this Technical Amendment Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical amendment
final without prior proposal and opportunity for comment, because the
use of notice and comment procedures are unnecessary to effectuate this
technical amendment. EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?

    No. This action is a technical amendment to a previously published
final rule and does not impose any new requirements. EPA's compliance
with the statutes and Executive Order for the underlying rule is
discussed in Unit VI. of the February 28, 2007, final rule (72 FR
8916).

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

     Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: November 2, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.412, revise paragraph (a) to read as follows:

Sec.  180.412  Sethoxydim; tolerances for residues.

    (a) General. Tolerances are established for combined residues of
the

herbicide 2-[1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one (CAS Reg. No. 74051-80-2) and its metabolites
containing the 2-cyclohexen-1-one moiety (calculated as the herbicide)
in or on the following commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................         40.0
Alfalfa, hay...............................................         40.0
Almond, hulls..............................................          2.0
Apple, dry pomace..........................................          0.8
Apple, wet pomace..........................................          0.8
Apricot....................................................          0.2
Asparagus..................................................          4.0
Bean, dry, seed............................................         20.0
Bean, forage...............................................         15.0
Bean, hay..................................................         50.0
Bean, succulent............................................         15.0
Beet, sugar, molasses......................................         10.0
Beet, sugar, tops..........................................          3.0
Blueberry..................................................          4.0
Borage, meal...............................................           10
Borage, seed...............................................          6.0
Buckwheat, flour...........................................           25
Buckwheat, grain...........................................           19
Caneberry subgroup 13A.....................................          5.0
Canola/rapeseed............................................         35.0
Canola/rapeseed, meal......................................         40.0
Cattle, fat................................................          0.2
Cattle, meat...............................................          0.2
Cattle, meat byproducts....................................          1.0
Cherry, sweet..............................................          0.2
Cherry, tart...............................................          0.2
Citrus, molasses...........................................          1.5
Citrus, dried pulp.........................................          1.5
Clover, forage.............................................         35.0
Clover, hay................................................         50.0
Coriander..................................................          4.0
Corn, field, grain.........................................          0.5
Corn fodder................................................          2.5
Corn forage................................................          2.0
Corn, sweet, forage........................................          3.0
Corn, sweet, kernel plus cob with husks removed............          0.4
Corn, sweet, stover........................................          3.5
Cotton, seed, soapstock....................................           15
Cotton, undelinted seed....................................          5.0
Cranberry..................................................          2.0
Dillweed, fresh leaves.....................................           10
Egg........................................................          2.0
Flax, meal.................................................            7
Flax, seed.................................................          5.0
Flax, straw................................................          2.0
Fruit, citrus..............................................          0.5
Fruit, pome................................................          0.2
Goat, fat..................................................          0.2
Goat, meat.................................................          0.2
Goat, meat byproducts......................................          1.0
Grape......................................................          1.0
Grape, raisin..............................................          2.0
Hog, fat...................................................          0.2
Hog, meat..................................................          0.2
Hog, meat byproducts.......................................          1.0
Horse, fat.................................................          0.2
Horse, meat................................................          0.2
Horse, meat byproducts.....................................          1.0
Juneberry..................................................          5.0
Lentil, seed...............................................         30.0
Lingonberry................................................          5.0
Milk.......................................................          0.5
Nectarine..................................................          0.2
Nut, tree, group 14........................................          0.2
Okra.......................................................          2.5
Peach......................................................          0.2
Pea, dry, seed.............................................         40.0
Pea, field, hay............................................         40.0
Pea, field, vines..........................................         20.0
Peanut.....................................................         25.0
Peanut, soapstock..........................................         75.0
Pea, succulent.............................................         10.0
Peppermint, tops...........................................         30.0
Pistachio..................................................          0.2
Potato, flakes.............................................          8.0
Potato, granules...........................................          8.0
Potato, processed potato waste.............................          8.0
Poultry, fat...............................................          0.2
Poultry, meat..............................................          0.2
Poultry, meat byproducts...................................          2.0
Radish, tops...............................................          4.5
Salal......................................................          5.0
Safflower..................................................         15.0
Sheep, fat.................................................          0.2
Sheep, meat................................................          0.2
Sheep, meat byproducts.....................................          1.0
Soybean....................................................         16.0
Soybean, hay...............................................         10.0
Spearmint, tops............................................         30.0
Strawberry.................................................         10.0
Sunflower, meal............................................         20.0
Sunflower, seed............................................          7.0
Tomato, concentrated products..............................           24
Tomato, dry pomace.........................................         12.0
Turnip, greens.............................................          5.0
Vegetable, brassica, leafy, group 5........................          5.0
Vegetable, bulb, group 3...................................          1.0
Vegetable, cucurbit, group 9...............................          4.0
Vegetable, fruiting, group 8...............................          4.0
Vegetable, leafy, except brassica, group 4.................          4.0
Vegetable, root and tuger, group 1.........................          4.0
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[FR Doc. E7-22220 Filed 11-13-07; 8:45 am]

BILLING CODE 6560-50-S