[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69589-69591]
[FR Doc No: 2010-28504]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2010-0659; FRL-9225-6]

Approval and Promulgation of Air Quality Implementation Plans;
New York, New Jersey, and Connecticut; Determination of Attainment of
the 1997 Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining that
the New York-Northern New Jersey-Long Island, NY-NJ-CT fine particle
(PM2.5) nonattainment area for the 1997 fine particle
National Ambient Air Quality Standard (NAAQS) has attained the 1997
PM2.5 NAAQS.

DATES: Effective Date: This rule will become effective on December 15,
2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2010-0659. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Programs Branch, U.S. Environmental
Protection Agency, Region II, 290 Broadway, New York, New York 10007.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>if you have questions related to New
York or New Jersey. If you have questions related to Connecticut,
please contact Alison C. Simcox,<PHONE_NUMBER>, or by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.
    The SUPPLEMENTARY INFORMATION section is arranged as follows:

I. What action is EPA taking?
II. What comments were received and what is EPA's response?
III. What is the effect of this action?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is determining that the New York-Northern New Jersey-Long
Island, NY-NJ-CT fine particle (PM2.5) nonattainment area,
referred to from this point forward as the NY-NJ-CT fine particle
(PM2.5) nonattainment area, for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5 NAAQS. This determination
is based upon quality assured, quality controlled and certified ambient
air monitoring data that show the area has monitored attainment of the
1997 PM2.5 NAAQS for the 2007-2009 monitoring period. Other
specific requirements of the determination and the rationale for

EPA's proposed action are explained in the proposed rulemaking
published on August 2, 2010 (75 FR 45076) and will not be restated
here.
    In addition, EPA is determining that the 1997 PM2.5
NAAQS has been attained for the NY-NJ-CT fine particle
(PM2.5) nonattainment area by the initial attainment date of
no later than April 5, 2010 as required under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004).
    EPA notes that the State of New York provided information in
support of the Clean Data Determination which EPA considered in this
action. On June 9, 2010, EPA received a Clean Data petition from New
York, requesting a determination that the New York State portion of the
NY-NJ-CT fine particle (PM2.5) nonattainment area for the
1997 PM2.5 NAAQS has attained the 1997 PM2.5
NAAQS. In the petition, New York provided additional technical
information supporting a Clean Data determination for the area,
including a list of Federal and State emission control measures that
have contributed to attainment of the 1997 PM2.5 NAAQS, and
a listing of annual PM2.5 design values for the 2007-09 time
period for air monitors located in the NY-NJ-CT fine particle
(PM2.5) nonattainment area. New York also provided an
estimate of design values for sites that had less than complete air
monitoring data due to site closure. The additional information
provided by New York is further discussed in the Technical Support
document (TSD), and is available in the docket.

II. What comments were received and what is EPA's response?

    No public comments were received in response to the proposal.

III. What is the effect of this action?

    This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress plans (RFP), contingency measures, and other planning State
implementation plans (SIPs) related to attainment of the 1997
PM2.5 NAAQS for so long as the area continues to attain the
1997 PM2.5 NAAQS.
    This action does not constitute a redesignation to attainment under
section 107(d)(3) of the Clean Air Act (CAA), because the area does not
have an approved maintenance plan as required under section 175A of the
CAA, nor a determination that the area has met the other requirements
for redesignation. The designation status of the area remains
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA determines that it meets the CAA requirements for
redesignation to attainment.

IV. Final Action

    EPA is determining that the NY-NJ-CT fine particle
(PM2.5) nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5 NAAQS. This determination
is based upon quality assured, quality controlled, and certified
ambient air monitoring data that show that the area has monitored
attainment of the 1997 PM2.5 NAAQS for the 2007-2009
monitoring period. This final action, in accordance with 40 CFR
51.1004(c), will suspend the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, RFP, contingency measures, and other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS for so long as the area
continues to attain the 1997 PM2.5 NAAQS.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action makes a
determination based on air quality data, and results in the suspension
of certain Federal requirements. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule makes a determination
based on air quality data, and results in the suspension of certain
Federal requirements, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have Tribal implications because it will
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely makes a determination
based on air quality data and results in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks'' (62 FR
19885, April 23, 1997) because it determines that air quality in the
affected area is meeting Federal standards.
    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures otherwise satisfying the provisions of the CAA.
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    Under Executive Order 12898, EPA finds that this rule involves a
determination of attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area, including minority and low-
income communities.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 14, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to the NY-NJ-CT PM2.5
nonattainment area clean data determination, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

    Dated: October 19, 2010.
H. Curtis Spalding,
Acting Regional Administrator, Region I.
    Dated: September 29, 2010.
Judith A. Enck,
Acting Regional Administrator, Region II.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart H--Connecticut

0
2. Section 52.379 is amended by redesignating the introductory
paragraph as paragraph (a) and adding a new paragraph (b) to read as
follows:

Sec.  52.379  Control strategy: PM2.5.

    (a) * * *
    (b) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.

Subpart FF--New Jersey

0
3. Section 52.1602 is amended by adding new paragraph (c) to read as
follows:

Sec.  52.1602  Control strategy and regulations: PM2.5.

* * * * *
    (c) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.

Subpart HH--New York

0
4. Section 52.1678 is amended by adding new paragraph (e) to read as
follows:

Sec.  52.1678  Control strategy and regulations: Particulate matter.

* * * * *
    (e) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably control available measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.

[FR Doc. 2010-28504 Filed 11-12-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35296-35297]
[FR Doc No: 2020-12440]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7630-005]

Town of South Hill, VA; Notice of Application for Surrender of
Exemption, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Application for surrender of exemption from
licensing.
    b. Project No.: 7630-005.
    c. Date Filed: April 20, 2020.
    d. Exemptee: Town of South Hill, Virginia.
    e. Name of Project: Whittles Mill Dam Project.
    f. Location: The project is located on the Meherrin River in the
Town of South Hill in Mecklenburg County, Virginia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: Alexis Jones, B&B Consultants, Inc., 212 E.
Ferrell Street, South Hill, VA 23970,<PHONE_NUMBER>
<EMAIL_ADDRESS>    i. FERC Contact: Rebecca Martin,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions, and protests
Deadline for filing comments, motions to intervene, and protests:
August 3, 2020.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
exception occurred on : 2020-12440.htm
exception occurred on : 2020-12440.htm
FERC Online Support at [email protected]">FERC[email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-7630-005.

Comments emailed to Commission staff are not considered part of the
Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The applicant proposes to surrender its
exemption from licensing for the project. The project has been
disconnected from its power source and has not operated since May 16,
2014. No ground disturbing activities are proposed and project features
would remain in place, as they are part of the Whittle's Mill Historic
Site and Park.
    l. Locations of the Application: A copy of the PAD may be viewed
and/or printed on the Commission's website (http://www.ferc.gov), using
the eLibrary link. Enter the docket number, excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC Online
exception occurred on : 2020-12440.htm
exception occurred on : 2020-12440.htm
Support at [email protected]">FERC[email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY).
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: June 3, 2020.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2020-12440 Filed 6-8-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62777-62778]
[FR Doc No: 2020-22009]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, the Securities
and Exchange Commission will hold an Open Meeting on Wednesday, October
7, 2020, at 10:00 a.m.

PLACE: The meeting will be held via remote means and/or at the

Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will begin at 10:00 a.m. (ET) and will be open to
the public via audio webcast only on the Commission's website at
www.sec.gov.

MATTERS TO BE CONSIDERED: The Commission will consider whether to issue
a Notice, proposing to grant a conditional exemption, pursuant to
Sections 15(a)(2) and 36(a)(1) of the Securities Exchange Act of 1934
(``Exchange Act''), from the broker registration requirements of
Section 15(a) of the Exchange Act to permit natural persons to engage
in certain limited activities on behalf of issuers, subject to
conditions. The Commission would solicit comment on the proposed
exemption, which seeks to assist small businesses in raising capital
and provide regulatory clarity. Specifically, observers have noted that
small businesses frequently encounter challenges connecting with
investors in the exempt market, particularly in regions that lack
robust capital raising networks. So-called ``finders,'' who may
identify and in certain circumstances solicit potential investors,
often play an important and discrete role in bridging the gap between
small businesses that need capital and investors who are interested in
supporting emerging enterprises.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact Vanessa A. Countryman, Office of the Secretary, at (202)
551-5400.

    Dated: September 30, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-22009 Filed 10-1-20; 11:15 am]
BILLING CODE 8011-01-P


November 30, 2006

From:		John Silvasi, Environmental Engineer

		State and Local Programs Group

		Air Quality Policy Division, Office of Air Quality Planning and
Standards

To:		Docket EPA-HQ-OAR-2003-0079

Re:		Correction of Error in Docket Document EPA-HQ-OAR-2003-0079-0996

We recently discovered that docket document EPA-HQ-OAR-2003-0079-0996
contained only a cover page for the document, “The Second Addendum to
the Economic Assessment for the 8-hour Ozone Implementation Rule; Phase
2, Final 8-hour Implementation Rule; Estimated Differences in Cost,
Emission Reductions, Energy, and Economic Impacts from Adopting a Less
Flexible RACT and RFP Implementation Framework Relative to the
Regulatory Baseline, A More Flexible Implementation Framework” (August
31, 2005).  We are therefore placing the document in the docket; due to
rules concerning the docket, the document is given a different docket
document number.

John Silvasi

919-541-5666

<EMAIL_ADDRESS>
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[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Rules and Regulations]
[Page 19995-19996]
[DOCID:fr14ap08-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0203; Airspace Docket No. 08-ANE-99]

Modification of Class D Airspace; Brunswick, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action modifies Class D Airspace at Brunswick, ME. The
Brunswick NAS Air Traffic Control Tower has become a part-time
facility; therefore, the Class D Airspace associated with the tower
operations must be modified to reflect part-time status. This action
enhances the National Airspace System by replacing a more restricted
airspace area with a less restrictive one at Brunswick, ME.

DATES: Effective 0901 UTC, June 5, 2008. 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 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before May 29,
2008.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2008 0203; Airspace Docket No. 08-ANE-99, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,
Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia
30320; Telephone<PHONE_NUMBER>, Fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through http://
www.regulations.gov. Communications should identify both docket numbers
and be submitted in triplicate to the address specified under the
caption ADDRESSES above or through the website. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended or withdrawn in light of the comments
received. Recently published rulemaking documents can also be accessed
through the FAA's Web page at http://www.faa.gov or the Federal
Register's Web page at http://www.gpoaccess.gov/fr/index.html.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2008-0203; Airspace Docket No. 08-ANE-99.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class D airspace at Brunswick, ME, providing the
controlled airspace required to support the hours of operation of the
Air Traffic Control Tower at Brunswick NAS Airport. Controlled airspace
extending upward from the surface of the Earth is required to encompass
all SIAPs to the extent practical and for general Instrument Flight
Rule (IFA) operations. The current Class D airspace in the area is
sufficient for these approaches, so no additional controlled airspace
must be developed. Class D airspace times will be published first by
Notice to Airman, then thereafter published continuously in the
Airport/Facility Directory. The FAA is amending Title 14, Code of
Federal Regulations (14 CFR) part 71 by modifying the Class D airspace
description at Brunswick NAS to reflect its part time Air Traffic
Control Tower's operation. Designations for Class D airspace areas
extending upward from the surface of the Earth are published in FAA
Order 7400.9R, signed August 15, 2007 effective September 15, 2007,
which is incorporated by reference in 14 CFR part 71.1. The Class D
designations listed in this document will be published subsequently in
the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    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 controlled airspace at Brunswick, ME.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
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 part 71 continues to read as follows:

    Authority: 49 U.S.C. 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 Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANE ME D Brunswick, ME [Revised]

Brunswick NAS Airport,
    (Lat. 43[deg]53[min]32[sec] N., long 69[deg]56[min]19[sec] W.)

    That airspace extending upward from the surface of the Earth to
and including 2,600 feet MSL within a 4.3-mile radius of Brunswick
NAS. 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 Airport/Facility Directory.
* * * * *

    Issued in College Park, Georgia, on March 21, 2008.
Mark D. Ward,
Manager, System Support Group, Eastern Service Center.
[FR Doc. E8-7694 Filed 4-11-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Rules and Regulations]
[Page 16330-16331]
[DOCID:fr01ap10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1150; Airspace Docket No. 09-AGL-34]

Establishment of Class E Airspace; Luverne, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace for Luverne, MN to
accommodate Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs) at Quentin Aanenson Field Airport, Luverne, MN. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date 0901 UTC, June 3, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On January 25, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class E airspace for
Luverne, MN, creating controlled airspace at Quentin Aanenson Field
Airport (75 FR 3879) Docket No. FAA-2009-1150. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraph 6005 of FAA Order
7400.9T signed August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace extending upward from 700 feet
above the surface to accommodate SIAPs at Quentin Aanenson Field
Airport, Luverne, MN. This action also amends the geographic
coordinates of the airport to coincide with the FAAs National Aerospace
Charting Office. With the exception of this change, the action is the
same as that described in the NPRM. This action is necessary for the
safety and management of IFR operations at the airport.
    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.
Therefore, this regulation: (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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 establishes controlled airspace at Quentin Aanenson Field
Airport, Luverne, MN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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(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 Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL MN E5 Luverne, MN [New]

Quentin Aanenson Field Airport, MN
    (Lat. 43[deg]37[min]01[sec] N., long. 96[deg]13[min]04[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Quentin Aanenson Field Airport.

    Issued in Fort Worth, Texas, on March 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-6808 Filed 3-31-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52950-52951]
[FR Doc No: 2022-18655]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-113-000.
    Applicants: Titan Solar 1, LLC, Helios Solar Capital, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Titan Solar 1, LLC, et al.
    Filed Date: 8/23/22.
    Accession Number: 20220823-5105.
    Comment Date: 5 p.m. ET 9/13/22.

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

    Docket Numbers: ER17-556-006; ER17-104-008; ER17-105-008; ER10-
1362-008; ER12-2639-011; ER21-2330-001; ER21-2331-001; ER21-2333-001;
ER21-2336-001.
    Applicants: Tecolote Wind LLC, Red Cloud Wind LLC, Duran Mesa LLC,
Clines Corners Wind Farm LLC, Ocotillo Express LLC, Hatchet Ridge Wind,
LLC, Broadview Energy JN, LLC, Broadview Energy KW, LLC, Grady Wind
Energy Center, LLC
    Description: Supplement to June 30, 2022 Triennial Market Power
Analysis for Southwest Region of Grady Wind Energy Center, LLC, et al.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5018.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2707-000.
    Applicants: Gulf Power Company.
    Description: Notice of Cancellation of Market Based Rate Tariff of
Florida Power & Light Company.
    Filed Date: 8/23/22.
    Accession Number: 20220823-5107.
    Comment Date: 5 p.m. ET 9/13/22.

    Docket Numbers: ER22-2708-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6582; Queue No. AE2-333 to be effective 7/25/2022.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5012.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2709-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 104_Osprey
Interconnection Agreement to be effective 10/24/2022.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5031.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2710-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-08-24_SA 3261
Termination of MidAmerican-Bridges Wind Energy GIA (J528) to be
effective 4/14/2020.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5035.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2711-000.
    Applicants: PacifiCorp.
    Description: Tariff Amendment: Termination of Engineering and
Procurement Agreement--Copco No. 1 to be effective 10/24/2022.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5066.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2712-000.
    Applicants: PacifiCorp.
    Description: Tariff Amendment: Termination of Engineering and
Procurement Agreement--Copco No. 2 to be effective 10/24/2022.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5067.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2713-000.
    Applicants: Parkway Generation Sewaren Urban Renewal Entity LLC.

    Description: Compliance filing: Notice of Succession--Market-Based
Rate Tariff to be effective 8/25/2022.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5070.
    Comment Date: 5 p.m. ET 9/14/22.

    Docket Numbers: ER22-2714-000.
    Applicants: Parkway Generation Sewaren Urban Renewal Entity LLC.
    Description: Compliance filing: Notice of Succession--Reactive
Service Tariff to be effective 8/25/2022.
    Filed Date: 8/24/22.
    Accession Number: 20220824-5072.
    Comment Date: 5 p.m. ET 9/14/22.

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

    Docket Numbers: RR22-4-000
    Applicants: North American Electric Reliability Corporation
    Description: Request of North American Electric Reliability
Corporation for Acceptance of 2023 Business Plans and Budgets of NERC
and Regional Entities and for Approval of Proposed Assessments to Fund
Budgets.
    Filed Date: 8/23/22
    Accession Number: 20220823-5101
    Comment Date: 5 p.m. ET 9/13/22.

    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 385211 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: August 24, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18655 Filed 8-29-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73293-73294]
[FR Doc No: 2022-25989]

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

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                 Docket Nos.                     File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP03-75-000, CP03-75-002, CP03-75-         11-08-2022  FERC Staff.\1\
     003, CP03-75-004, CP05-361-000, CP05-
     361-001, CP12-509-000, CP12-29-000.
    2. CP22-2-000...........................      11-15-2022  FERC Staff.\2\
    3. CP22-2-000...........................      11-17-2022  FERC Staff.\3\
    4. CP22-2-000...........................      11-17-2022  FERC Staff.\4\
    5. CP22-2-000...........................      11-17-2022  FERC Staff.\5\
    6. CP22-2-000...........................      11-17-2022  FERC Staff.\6\
    7. CP22-2-000...........................      11-17-2022  FERC Staff.\7\
    8. CP22-2-000...........................      11-17-2022  FERC Staff.\8\
    9. CP22-2-000...........................      11-17-2022  FERC Staff.\9\
Exempt:
    1. CP19-502-000, CP19-502-001...........      11/10/2022  FERC Staff.\10\
----------------------------------------------------------------------------------------------------------------
\1\ Emailed comments dated 11/01/22 from Kelsey Crane.
\2\ Emailed comments dated 11/14/22 from Ann Dorsey.
\3\ Emailed comments dated 11/17/22 from Ahmir Huggins.
\4\ Emailed comments dated 11/17/22 from Freddie Slade.
\5\ Emailed comments dated 11/17/22 from Selden Prentice.
\6\ Emailed comments dated 11/17/22 from Sheryl Feldman.
\7\ Emailed comments dated 11/17/22 from Kay Reibold.
\8\ Emailed comments dated 11/17/22 from Emily Johnston.
\9\ Emailed comments dated 11/17/22 from Rosemary Moore.
\10\ Email communication dated 11/10/22 regarding correspondence with the National Marine Fisheries Service.

    Dated: November 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-25989 Filed 11-28-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Proposed Rules]
[Pages 31931-31932]
[FR Doc No: 2017-14398]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0278; FRL-9964-64-Region 5]

Air Plan Approval; Illinois; Emissions Statement Rule
Certification for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) submission from the Illinois
Environmental Protection Agency (IEPA) dated May 9, 2017. The
submission provides IEPA's certification that its existing emission
statement program, titled ``Annual Emissions Report'', remains in
effect and satisfies the Clean Air Act (CAA) emissions statement
requirement for the Illinois portions of the Chicago-Naperville,
Illinois-Indiana-Wisconsin and St. Louis-St. Charles-Farmington,
Missouri-Illinois nonattainment areas under the 2008 ozone National
Ambient Air Quality Standard (NAAQS). Under the CAA, states' SIPs must
require stationary sources in ozone nonattainment areas classified as
marginal or above to annually report emissions of Volatile Organic
Compounds (VOC) and Oxides of Nitrogen (NOX).

DATES: Comments must be received on or before August 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0278 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Air Programs
Branch (AR-18J), Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-1767<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this issue of
the Federal Register, EPA is approving IDEM's SIP revisions as a direct
final rule without prior proposal because EPA views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that, if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information see the direct final rule, which is located in
the Rules section of this issue of the Federal Register.

    Dated: June 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-14398 Filed 7-10-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 12, 2007 (Volume 72, Number 112)]
[Notices]
[Page 32368-32372]
[DOCID:fr12jn07-78]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55865; File No. SR-Amex-2007-51]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Backup Trading Arrangements

June 6, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 21, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule

change as described in Items I and II below, which Items have been
substantially prepared by the Exchange. The Exchange filed the proposed
rule change as a ``noncontroversial'' rule change under Rule 19b-
4(f)(6) under the Act,\3\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange seeks to adopt new rules authorizing the Amex to enter
into arrangements with one or more other exchanges which would provide
for backup trading facilities for Amex listed options on another
exchange if the Amex's facility becomes disabled and is unavailable for
trading. The proposed rules further provide for the availability of
Amex trading facilities to another exchange to trade its listed options
if that exchange's facility becomes disabled.
    The text of the proposed rule change is available on the Amex's Web
site (http://www.amex.com), at Amex's principal office, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    The Amex proposes to adopt new Amex Rule 62 governing Backup
Trading Arrangements. Proposed new Rule 62 sets forth procedures
whereby Amex members and associated persons may use a Backup Exchange's
facilities to conduct the trading of some or all of its Exclusively and
Singly Listed Options for the duration of a disabling event. The Amex
will provide for another exchange (a ``Disabled Exchange'') to trade
its Exclusively and Singly Listed Options in the event they are unable
to do so because of an emergency or extraordinary set of circumstances
that severely and adversely affects its ability to trade (a ``Disabling
Event'').

The Amex Is the Disabled Exchange

    Proposed Rule 62(a)(i) governs the trading of Exclusively Listed
Options (``Exclusively Listed Options'' or ``ELOs'') if the Amex is the
Disabled Exchange. The term ``exclusively listed option'' is defined as
an option that is listed exclusively by an exchange (because such
exchange has an exclusive license to use, or has proprietary rights in,
the interest underlying the option). Proposed Rule 62(a)(i)(B) provides
that the Amex may enter into arrangements with one or more other
exchanges (each a ``Backup Exchange'') to permit the Amex and its
members and associated persons and other personnel to use a portion of
the Backup Exchange's facilities to conduct the trading of some or all
of the Amex's Exclusively Listed Options if there were a Disabling
Event. Such options shall trade as listings of Amex and the facility of
the Backup Exchange used by the Amex for this purpose will be deemed to
be a facility of the Amex.
    The Exchange's proposal further provides that the trading of Amex
Exclusively Listed Options shall be conducted in accordance with the
rules of the Backup Exchange. In addition, the Amex and the Backup
Exchange may agree that other rules of the Amex will apply to such
trading. The Backup Exchange rules that govern trading on Amex's
facility at the Backup Exchange shall be deemed to be Amex rules for
purposes of such trading.
    According to the Exchange's proposal, the Backup Exchange shall
perform the related regulatory functions with respect to trading of
Amex Exclusively Listed Options on the Amex's facility at the Backup
Exchange, except as the Amex and the Backup Exchange may specifically
agree otherwise. The Backup Exchange and the Amex shall coordinate with
each other regarding surveillance and enforcement respecting trading of
the Exclusively Listed Options on the Amex's facility at the Backup
Exchange.
    If the Backup Exchange is unable to accommodate all Amex members
that desire to trade on Amex's facility at the Backup Exchange, the
Amex may determine which members shall be eligible to trade at that
facility. Factors the Amex shall consider in making such determinations
may include, but are not limited to, any one or more of the following:
Whether the member is a specialist in the applicable product, the
number of contracts traded by the member or member organization in the
applicable product, market performance, and other factors relating to a
member's contribution to the market in the applicable product or
products during a specific period.
    The Exchange's proposal further provides that the members of the
Backup Exchange shall not be authorized to trade in any Amex
Exclusively Listed Options, except that the Amex may deputize willing
floor brokers of the Backup Exchange as temporary Amex members to
permit them to execute orders as brokers in the Amex Exclusively Listed
Options traded on the Amex's facility at the Backup Exchange.
Furthermore, the Backup Exchange has agreed that it will, at the
instruction of Amex, select members of the Backup Exchange that are
willing to be deputized by the Amex as temporary Amex members
authorized to trade Amex Exclusively Listed Options on the Amex's
facility at the Backup Exchange for a period of time following a
Disabling Event as the Amex determines to be appropriate, and the Amex
may deputize such members of the Backup Exchange as temporary Amex
members for that purpose.
    The Exchange's proposal further provides that options listed by the
Backup Exchange that do not satisfy the standard listing and
maintenance criteria of the Backup Exchange will be subject, upon
listing by the Backup Exchange, to delisting (and, thus, restrictions
on opening new series, and engaging in opening transactions in those
series with open interest, as may be provided in the rules of the
Backup Exchange).
    Proposed Rule 62(a)(ii) governs the trading of singly listed
options (a ``Singly Listed Option'' or ``SLO''). A Singly Listed Option
is defined as an option that is not an Exclusively Listed Option, but
that is listed by an exchange and not by any other national securities
exchange. Proposed Rule 62(a)(ii) provides that the Amex may enter into
arrangements with a Backup Exchange under which the Backup Exchange
will agree, in the event of a Disabling Event, to list for trading
Singly Listed Options that are then singly listed only by the Amex and
not by the Backup Exchange. The proposed Rule further provides that any
such options listed by the Backup Exchange shall trade on the Backup
Exchange and in accordance with the rules of the Backup Exchange. Such
options shall be traded by members of the Backup Exchange and by Amex
members selected by the Amex to the

extent the Backup Exchange can accommodate Amex members in the capacity
of temporary members of the Backup Exchange. If the Backup Exchange is
unable to accommodate all Amex members that desire to trade at the
Backup Exchange, the Amex may determine which of its members shall be
eligible to trade at the Backup Exchange.
    Any Amex member who is granted temporary access to the Backup
Exchange pursuant to this paragraph shall only be permitted to act in
those Backup Exchange capacities that are authorized by the Backup
Exchange and that are comparable to capacities in which the temporary
member has been authorized to act on the Amex, and to trade in those
options in which the temporary member is authorized to trade on the
Amex. Finally, Singly Listed Options listed by the Backup Exchange that
do not satisfy the standard listing and maintenance criteria of the
Backup Exchange will be subject, upon listing by the Backup Exchange,
to delisting (and, thus, restrictions on opening new series, and
engaging in opening transactions in those series with open interest, as
may be provided in the rules of the Backup Exchange).

The Amex Is the Backup Exchange

    Proposed Rule 62(b)(i) provides that the Amex may enter into
arrangements with one or more other Disabled Exchanges to allow the
Disabled Exchange and its members to use a portion of the Amex's
facilities to conduct the trading of some or all of the Disabled
Exchange's Exclusively Listed Options in the event of a Disabling
Event.
    Proposed paragraph (B) provides that the trading of the Disabled
Exchange's Exclusively Listed Options on the Disabled Exchange's
facility at the Amex shall be conducted in accordance with Amex rules.
The members of the Disabled Exchange that are trading on the Disabled
Exchange's facility at the Amex (not including Amex members who become
temporary members of the Disabled Exchange) will be subject to the
rules of the Disabled Exchange governing or applying to the maintenance
of a person's or a firm's status as a member of the Disabled Exchange.
In addition, the Disabled Exchange and the Amex may agree that other
Disabled Exchange rules will apply to such trading. The Disabled
Exchange and the Amex have agreed to communicate to their respective
members which rules apply in advance of trading.
    Proposed paragraph (C) provides that the Amex will perform the
related regulatory functions with respect to trading of the Disabled
Exchange's Exclusively Listed Options on the Disabled Exchange's
facility at the Amex, in each case except as the Disabled Exchange and
the Amex may specifically agree otherwise. The Amex and the Disabled
Exchange have agreed to coordinate with each other regarding
surveillance and enforcement respecting trading of the Disabled
Exchange's Exclusively Listed Options on the Disabled Exchange's
facility at the Amex. The Disabled Exchange has agreed that it shall
retain the ultimate legal responsibility for the performance of its
self-regulatory obligations with respect to the Disabled Exchange's
facility at the Amex.
    Proposed paragraph (D) provides the Amex members shall not be
authorized to trade in any Exclusively Listed Options of the Disabled
Exchange, except that: (1) The Disabled Exchange may deputize willing
Amex floor brokers as temporary members of the Disabled Exchange to
permit them to execute orders as brokers in Exclusively Listed Options
of the Disabled Exchange traded on the facility of the Disabled
Exchange at the Amex; and (2) at the instruction of the Disabled
Exchange, the Amex shall select Amex members that are willing to be
deputized by the Disabled Exchange as temporary members of the Disabled
Exchange authorized to trade the Disabled Exchange's Exclusively Listed
Options on the facility of the Disabled Exchange at the Amex for such
period of time following a Disabling Event as the Disabled Exchange
determines to be appropriate, and the Disabled Exchange may deputize
such Amex members as temporary members of the Disabled Exchange for
that purpose.
    Proposed paragraph (b)(ii) provides that the Amex may enter into
arrangements with a Disabled Exchange under which the Amex will agree,
in the event of a Disabling Event, to list for trading options that are
then singly listed only by the Disabled Exchange and not by the Amex.
Singly Listed Options listed by the Amex shall trade on the Amex and in
accordance with Amex rules. Such options shall be traded by Amex
members and by members of the Disabled Exchange selected by the
Disabled Exchange to the extent the Amex can accommodate members of the
Disabled Exchange in the capacity of temporary members of Amex. Any
member of a Disabled Exchange granted temporary access to conduct
business on the Amex under this paragraph shall only be permitted to
act in those Amex capacities that are authorized by the Amex, and that
are comparable to capacities in which the temporary member has been
authorized to act on the Disabled Exchange and to trade in those
options in which the temporary member is authorized to trade on the
Disabled Exchange.
    Classes of options listed by the Amex that does not satisfy Amex
listing and maintenance criteria will be subject, upon listing by the
Amex, t delisting (and, thus, restrictions on opening new series, and
engaging in opening transactions in those series with open interest, as
may be provided in Amex rules.)

Temporary Members of the Disabled Exchange and the Backup Exchange

    Paragraph (c) of proposed Rule 62 governs the member obligations of
both the temporary members of the Disabled Exchange and the temporary
members of the Backup Exchange. Proposed paragraph (A) provides that an
Amex member acting as a temporary member of the Disabled Exchange shall
be subject to, and obligated to comply with, the rules that govern the
operation of the facility of the Disabled Exchange at the Amex to the
extent applicable during the period of such trading. Such Amex member
shall have none of the rights of a member of the Disabled Exchange
except the right to conduct business on the facility of the Disabled
Exchange at the Amex as described in the Exchange's proposal herein.
Additionally, the member organization associated with such Amex member,
if any, shall be responsible for all obligations arising out of that
Amex member's activities on or relating to the Disabled Exchange.
Finally, the proposed rule provides that the clearing member of such
Amex member shall guarantee and clear the transactions of such Amex
member on the Disabled Exchange.
    Similarly, the Exchange's proposal provides that a member of the
Backup Exchange acting in the capacity of a temporary member of the
Amex pursuant to proposed paragraph (a)(i)(F) shall be subject to, and
obligated to comply with, the rules that govern the operation of the
facility of the Amex at the Backup Exchange, including Amex rules to
the extent applicable during the period of such trading. The proposed
rule further provides that temporary members shall have none of the
rights of an Amex member except the right to conduct business on the
facility of Amex at the Backup Exchange as described herein. In
addition, the member organization associated with such temporary
member, if any, shall be responsible for all obligations arising out of
that temporary member's

activities on or relating to the Amex and the clearing member of such
temporary member shall guarantee and clear the transactions on the Amex
of such temporary member.
    Proposed paragraph (c)(ii)(A) provides that an Amex member acting
in the capacity of a temporary member of the Backup Exchange pursuant
to paragraph (a)(ii)(B) shall be subject to, and obligated to comply
with, the rules of the Backup Exchange that are applicable to the
Backup Exchange's own members. Such Amex member shall have none of the
rights of a member of the Backup Exchange except the right to conduct
business on the Backup Exchange to the extent described in the proposed
Rule. The member organization associated with such Amex member, if any,
shall be responsible for all obligations arising out of that Amex
member's activities on or relating to the Backup Exchange. Furthermore,
the clearing member of such Amex member shall guarantee and clear the
transactions of such Amex member on the Backup Exchange. Finally, such
Amex member shall only be permitted to act in those capacities on the
Backup Exchange that are authorized by the Backup Exchange and that are
comparable to capacities in which the Amex member has been authorized
to act on the Amex, and to trade in those options in which the Amex
member is authorized to trade on the Amex.
    A member of Disabled Exchange acting in the capacity of a temporary
member of the Amex pursuant to paragraph (b)(ii)(A) shall be subject
to, and obligated to comply with, Amex rules that are applicable to
Amex's own members. Such temporary member shall have none of the rights
of an Amex member except the right to conduct business on the Amex to
the extent described in the proposed Rule. The member organization
associated with such temporary member, if any, shall be responsible for
all obligations arising out of that temporary member's activities on or
relating to the Amex. The clearing member of such temporary member
shall guarantee and clear the transactions of such temporary member on
the Amex and such temporary member shall only be permitted to act in
those Amex capacities that are authorized by the Amex and that are
comparable to capacities in which the temporary member has been
authorized to act on the Disabled Exchange, and to trade in those
option classes in which the temporary member is authorized to trade on
the Disabled Exchange.

Member Proceedings

    Proposed paragraph (d) governs member proceedings that may take
place regarding trading during a backup period. Proposed paragraph
(d)(i) provides that if the Amex initiates an enforcement proceeding
with respect to the trading during a backup period of the Singly Listed
Options of the Disabled Exchange by a temporary member of the Amex or
the Exclusively Listed Options of the Disabled Exchange by a member of
the Disabled Exchange (other than an Amex member who is a temporary
member of the Disabled Exchange), and such proceeding is in process
upon the conclusion of the backup period, the Amex may transfer
responsibility for such proceeding to the Disabled Exchange following
the conclusion of the backup period. Moreover, arbitration of any
disputes with respect to any trading during a backup period of Singly
Listed Options of the Disabled Exchange or of Exclusively Listed
Options of the Disabled Exchange on the Disabled Exchange's facility at
the Amex will be conducted in accordance with Amex rules, unless the
parties to an arbitration agree that it shall be conducted in
accordance with the rules of the Disabled Exchange.
    Proposed Rule 62(d)(ii) provides that if the Backup Exchange
initiates an enforcement proceeding with respect to the trading during
a backup period of Amex Singly Listed Options by a temporary member of
the Backup Exchange or Amex Exclusively Listed Options by an Amex
member (other than a member of the Backup Exchange who is a temporary
member of the Amex), and such proceeding is in process upon the
conclusion of the backup period, the Backup Exchange may transfer
responsibility for such proceeding to the Amex following the conclusion
of the backup period. Furthermore, arbitration of any disputes with
respect to any trading during a backup period of Amex Singly Listed
Options on the Backup Exchange or of Amex Exclusively Listed Options on
the facility of the Amex at the Backup Exchange will be conducted in
accordance with the rules of the Backup Exchange, unless the parties to
an arbitration agree that it shall be conducted in accordance with Amex
rules.
    Finally, the proposed rule provides that Amex members are required
to take appropriate actions as instructed by the Exchange to
accommodate the Amex's backup trading arrangements.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \4\ of the
Act in general and furthers the objectives of Section 6(b)(5) \5\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest; and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers, or to regulate by virtue of any authority conferred by the Act
matters not related to the purpose of the Act or the administration of
the Exchange.
---------------------------------------------------------------------------

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

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

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

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of filing, the
proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\7\ As required under Rule 19b-4(f)(6)(iii),\8\ the Exchange
provided the Commission with written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date of
the filing of the proposed rule change.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 17 CFR 240.19b-4(f)(6)(iii).

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

    Amex has requested that the Commission waive the 30-day operative
delay. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public
interest.\9\ The Commission notes that the proposed rule change is
modeled on a recently approved Philadelphia Stock Exchange
proposal.\10\ Amex's proposal does not appear to raise any novel
regulatory issues and will allow Amex without undue delay to implement
backup trading arrangements for options--particularly exclusively
listed options--in the event of a Disabling Event.
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \10\ See Exchange Act Release No. 51926 (June 27, 2005), 70 FR
38232 (July 1, 2005) (SR-PHLX-2004-65).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-51 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-51. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Amex-2007-51 and should be submitted on or before July
3, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-11265 Filed 6-11-07; 8:45 am]

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[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Page 9073]
[FR Doc No: 2011-3463]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-05]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before February 28, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
1129 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones,<PHONE_NUMBER>, or Tyneka
L. Thomas,<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on February 11, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-1129.
    Petitioner: Alan Penzias.
    Section of 14 CFR Affected: Sec.  91.146.
    Description of Relief Sought: The proposed exemption, if granted,
would allow Alan Penzias to offer passenger carrying flights for the
benefit of the American Fertility Association, a charitable, non-profit
organization.

[FR Doc. 2011-3463 Filed 2-15-11; 8:45 am]
BILLING CODE 4910-13-P