[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Rules and Regulations]
[Pages 74005-74006]
[FR Doc No: 2013-29222]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0950; Airspace Docket No. 13-AGL-34]

Amendment of Class D and Class E Airspace; Grand Forks, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Class D and Class E airspace within the
Grand Forks, ND, area by updating the geographic coordinates for Grand
Forks International Airport and Grand Forks Air Force Base (AFB). This
action does not change the boundaries or operating requirements of the
airspace.

DATES: Effective date: 0901 UTC, February 6, 2014. 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:

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by adjusting the geographic coordinates, within the Class D and
Class E airspace areas, of Grand Forks International Airport and Grand
Forks AFB, Grand Forks, ND, to coincide with the FAA's aeronautical
database. This is an administrative change and does not affect the
boundaries, altitudes, or operating requirements of the airspace,
therefore, notice and public procedures under 5 U.S.C. 553(b) are
unnecessary.
    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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    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 amends controlled airspace in the Grand Forks, ND area.

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(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 the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL ND D Grand Forks, ND [Amended]

Grand Forks International Airport, ND
(Lat. 47[deg]5'50'' N., long. 97[deg]10'26'' W.)

    That airspace extending upward from the surface to and including
3,300 feet MSL within a 4.2-mile radius of Grand Forks International
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 Airport/Facility Directory.

AGL ND D Grand Forks AFB, ND [Amended]

Grand Forks, Grand Forks AFB, ND
    (Lat. 47[deg]57'41'' N., long. 97[deg]24'03'' W.)

    That airspace extending upward from the surface to and including
3,400 feet MSL within a 4.9-mile radius of Grand Forks AFB, and
within 2.3 miles each side of the 174[deg] bearing from the airport
extending from the 4.9-mile radius to 5.6 miles south of the
airport, excluding that airspace within the Grand Forks
International Airport, ND, Class D airspace area. 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.

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

* * * * *

AGL ND E2 Grand Forks, ND [Amended]

Grand Forks International Airport, ND
    (Lat. 47[deg]56'50'' N., long. 97[deg]10'26'' W.)
Grand Forks VOR/DME
    (Lat. 47[deg]57'17'' N., long. 97[deg]11'07'' W.)

    Within a 4.2-mile radius of Grand Forks International Airport
and within 2.5 miles each side of the 007[deg] radial of the Grand
Forks VOR/DME extending from the 4.2-mile radius of the airport to 7
miles north of the VOR/DME, and within 2.5 miles each side of the
173[deg] radial of the Grand Forks VOR/DME extending from the 4.2-
mile radius of the airport to 7 miles south of the VOR/DME. 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
Airport/Facility Directory.

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

* * * * *

AGL ND E4 Grand Forks, ND [Amended]

Grand Forks International Airport, ND
    (Lat. 47[deg]56'50'' N., long. 97[deg]10'26'' W.)
Grand Forks VOR/DME
    (Lat. 47[deg]57'17'' N., long. 97[deg]11'07'' W.)

    That airspace extending upward from the surface within 2.5 miles
each side of the 007[deg] radial of the Grand Forks VOR/DME
extending from the 4.2-mile radius of the airport to 7 miles north
of the VOR/DME, and within 2.5 miles each side of the 173[deg]
radial of the Grand Forks VOR/DME extending from the 4.2-mile radius
of the airport to 7 miles south of the VOR/DME. 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 Airport/
Facility Directory.

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

* * * * *

AGL ND E5 Grand Forks, ND [Amended]

Grand Forks International Airport, ND
    (Lat. 47[deg]56'50'' N., long. 97[deg]10'26'' W.)
Grand Forks, Grand Forks AFB, ND
    (Lat. 47[deg]57'41'' N., long. 97[deg]24'03'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Grand Forks International Airport, and
within a 7-mile radius of Grand Forks AFB, and within 3 miles each
side of the Grand Forks International Airport ILS Localizer north
course extending from the 7-mile radius to 10 miles north of the
airport, and that airspace extending upward from 1,200 feet above
the surface within a 34-mile radius of Grand Forks AFB, within the
state of North Dakota.

    Issued in Fort Worth, Texas, on November 25, 2013.
David P. Medina,
Manager, Operations Support Group ATO Central Service Center.
[FR Doc. 2013-29222 Filed 12-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21114-21120]
[FR Doc No: 2012-8425]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66717; File No. SR-NYSEArca-2012-10]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Relating to Listing and Trading of
Shares of the BNP Paribas S&P Dynamic Roll Global Commodities Fund
Under NYSE Arca Equities Rule 8.200

April 3, 2012.

I. Introduction

    On January 30, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares of the BNP Paribas S&P
Dynamic Roll Global Commodities Fund under Commentary .02 to NYSE Arca
Equities Rule 8.200. The proposed rule change was published for comment
in the Federal Register on February 21, 2012.\3\ The Commission
received no comments on the proposal. This order grants approval of the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66390 (February 14,
2012), 77 FR 10005 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade shares (``Shares'') of the
BNP Paribas S&P Dynamic Roll Global Commodities Fund (``Fund'') under
Commentary .02 to NYSE Arca Equities Rule 8.200, which permits the
trading of Trust Issued Receipts (``TIRs'') either by listing or
pursuant to unlisted trading privileges on the Exchange.\4\ The Fund is
a series of the BNP Paribas Exchange Traded Trust (``Trust''), a
Delaware statutory trust.\5\ Wilmington Trust Company (``Trustee''), a
Delaware trust company, is the sole trustee of the Trust. BNP Paribas
Quantitative Strategies, LLC (``Managing Owner''), a Delaware limited
liability company, serves as Managing Owner of the Trust and the Fund.
The Managing Owner is a wholly-owned subsidiary of Paribas North
America, Inc., which is a wholly-owned, indirect subsidiary of BNP
Paribas, which is affiliated with a broker-dealer.\6\ The Managing
Owner is registered as a commodity pool operator with the Commodity
Futures Trading Commission (``CFTC'') and is a member of the National
Futures Association. The Bank of New York Mellon is the administrator
(``Administrator'') of the Fund, as well as the custodian
(``Custodian'') and transfer agent (``Transfer Agent''). Standard and
Poor's is the ``Index Sponsor.'' \7\
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    \4\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
TIRs that invest in ``Financial Instruments.'' The term ``Financial
Instruments,'' as defined in Commentary .02(b)(4) to NYSE Arca
Equities Rule 8.200, means any combination of investments, including
cash; securities; options on securities and indices; futures
contracts; options on futures contracts; forward contracts; equity
caps, collars and floors; and swap agreements.
    \5\ The Trust has filed pre-effective amendments to its
registration statement (``Registration Statement'') on Form S-1
originally filed on November 3, 2010 (File No. 333-170314) relating
to the Fund.
    \6\ The Managing Owner is affiliated with a broker-dealer and
has implemented procedures designed to prevent the use and
dissemination of material, non-public information regarding the
Fund's portfolio.
    \7\ Standard & Poor's is not a broker-dealer, is not affiliated
with a broker-dealer, and has implemented procedures designed to
prevent the use and dissemination of material, non-public
information regarding the Index (as defined below).
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Overview of the Fund

    The investment objective of the Fund is to track changes, whether
positive or negative, in the level of the S&P GSCI[supreg] Dynamic Roll
Excess Return Index (``Index'') over time. The Fund does not intend to
outperform the Index. The Managing Owner will seek to cause changes in
the net asset value (``NAV'') per Share of the Fund to track changes in
the level of the Index during periods in which the Index is rising,
flat, or declining.
    The Fund seeks to achieve its investment objective by investing in
exchange-traded futures (``Designated Contracts'') on the commodities
(as set forth in Table 1 below) comprising the Index (``Index
Commodities''), with a view to tracking the Index over time.\8\ In
certain circumstances, and to a limited extent, the Fund may also
invest in swap agreements based on an Index Commodity that are cleared
through the relevant Futures Exchanges or their affiliated provider of
clearing services (``Cleared-Swaps'') or in futures contracts
referencing particular commodities other than the Index Commodities
(i.e., futures contracts traded on exchanges other than the Futures
Exchanges indicated in Table 1, including foreign exchanges)
(``Substitute Contracts''), or in Alternative Financial Instruments \9\
referencing the particular Index Commodity in furtherance of its
investment objective if, in the commercially reasonable judgment of the
Managing Owner, such instruments tend to exhibit trading prices or
returns that generally correlate with the Index Commodities.
Alternative Financial Instruments, if any, will be forward agreements,
exchange-traded cash settled options, swaps other than Cleared Swaps,
and other over-the-counter transactions that will serve as proxies to
one or more Index Commodities.
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    \8\ The Designated Contracts are traded on the Chicago
Mercantile Exchange, Inc. (``CME''), COMEX (``CMX,'' a division of
CME), Chicago Board of Trade (``CBT,'' a division of CME), NYMEX
(``NYM,'' a division of CME), ICE Futures US (``ICE-US''), ICE
Futures Europe (``ICE-UK''), Kansas City Board of Trade (``KBT''),
and London Metal Exchange (``LME'') (collectively, ``Futures
Exchanges'').
    \9\ Investing in Alternative Financial Instruments exposes the
Fund to counterparty risk, or the risk that an Alternative Financial
Instrument counterparty will default on its obligations under the
Alternative Financial Instrument. The Managing Owner may select
Alternative Financial Instrument counterparties giving due
consideration to such factors as it deems appropriate, including,
without limitation, creditworthiness, familiarity with the Index,
and price. Under no circumstances will the Fund enter into
Alternative Financial Instruments with any counterparty whose credit
rating is lower than investment-grade as determined by a nationally
recognized statistical rating organization (e.g., BBB- and above as
determined by Standard & Poor's, Baa3 and above as determined by
Moody's) at the time the Alternative Financial Instrument is entered
into. The Fund anticipates that the counterparties to these
Alternative Financial Instruments, if any, are likely to be banks,
broker dealers and other financial institutions. The Fund expects
that these Alternative Financial Instruments, if any, will be on
terms that are standard in the market for such Alternative Financial
Instruments.
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    Specifically, once position limits in a Designated Contract are
reached or a Futures Exchange imposes limitations on the Fund's ability
to maintain or increase its positions in a Designated Contract after
reaching accountability levels or a price limit is in effect on a
Designated Contract during the last 30 minutes of its regular trading
session, the Fund's intention is to invest first in Cleared Swaps to
the extent permitted under the position limits applicable to Cleared
Swaps and appropriate in light of the liquidity in the Cleared Swaps
market, and then, using its commercially reasonable judgment, in
Substitute Contracts or in Alternative Financial Instruments
(collectively, ``Other Commodity Interests,'' and together with
Designated Contracts and Cleared Swaps, ``Index Commodity Interests'').
By utilizing certain or all of these investments, the Managing Owner
will endeavor to cause the Fund's performance to track the performance
of the Index. The circumstances under which such investments in Other
Commodity Interests may be utilized (i.e., imposition of position
limits) are further discussed below.
    The Fund seeks to achieve its investment objective by investing in

Index Commodity Interests such that daily changes in the Fund's NAV per
Share will be expected to track the changes in the level of the Index.
The Fund's positions in Index Commodity Interests will be changed or
``rolled'' on a regular basis in order to track the changing nature of
the Index. For example, at each monthly roll determination date, roll
algorithms measure the current shape of the forward curves of the
eligible futures contract prices for each Index Commodity to search for
the optimal contract months along the curve to roll into, subject to
using only the most liquid of all available contracts of a given
commodity. Since the futures contract being rolled out of will no
longer be included in the Index, the Fund's investments will have to be
changed accordingly.
    Consistent with achieving the Fund's investment objective of
tracking the Index, the Managing Owner may, after reaching position
limits in the Designated Contracts or when a Futures Exchange has
imposed limitations on the Fund's ability to maintain or increase its
positions in a Designated Contract after reaching accountability levels
or a price limit is in effect on a Designated Contract during the last
30 minutes of its regular trading session, cause the Fund to first
enter into or hold Cleared Swaps and then, if applicable, enter into or
hold Other Commodity Interests. For example, certain Cleared Swaps have
standardized terms similar to, and are priced by reference to, a
corresponding Designated Contract. Additionally, Alternative Financial
Instruments that do not have standardized terms and are not exchange-
traded (``over-the-counter'' Alternative Financial Instruments) can
generally be structured as the parties desire. Therefore, the Fund
might first enter into multiple Cleared Swaps and then, if applicable,
enter into over-the-counter Alternative Financial Instruments intended
to replicate the performance of each of the Designated Contracts, or a
single over-the-counter Alternative Financial Instrument designed to
replicate the performance of the Index as a whole. Assuming that there
is no default by a counterparty to an over-the-counter Alternative
Financial Instrument, the performance of the over-the-counter
Alternative Financial Instrument will correlate with the performance of
the Index or the applicable Designated Contract. After reaching
position limits in the Designated Contracts or when a Futures Exchange
has imposed limitations on the Fund's ability to maintain or increase
its positions in a Designated Contract after reaching accountability
levels or a price limit is in effect on a Designated Contract during
the last 30 minutes of its regular trading session, and after entering
into or holding Cleared Swaps, the Fund might also enter into or hold
over-the-counter Alternative Financial Instruments to facilitate
effective trading, consistent with the discussion of the Fund's
``roll'' strategy in the preceding paragraph or to alleviate overall
deviation between the Fund's performance and that of the Index that may
result from certain market and trading inefficiencies or other reasons.
    The Fund will invest in Index Commodity Interests to the fullest
extent possible without being leveraged or unable to satisfy its
expected current or potential margin or collateral obligations with
respect to its investments in Index Commodity Interests.\10\ After
fulfilling such margin and collateral requirements, the Fund will
invest the remainder of its proceeds from the sale of baskets in
obligations of the United States government (``U.S. Treasury
Securities'') and/or hold such assets in cash, generally in interest-
bearing accounts. Therefore, the focus of the Managing Owner in
managing the Fund will be investing in Index Commodity Interests and in
U.S. Treasury Securities, cash and/or cash equivalents. The Fund will
earn interest income from the U.S. Treasury Securities and/or cash
equivalents that it purchases and on the cash it holds through the
Custodian.
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    \10\ The Managing Owner represents that the Fund will invest in
exchange-traded futures, Cleared Swaps, and Alternative Financial
Instruments in a manner consistent with the Fund's investment
objective and not to achieve additional leverage.
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    The Managing Owner will employ an investment strategy intended to
track changes in the level of the Index regardless of whether the Index
is rising, flat, or declining. The Fund's investment strategy will be
designed to permit investors generally to purchase and sell the Fund's
Shares for the purpose of investing indirectly in the global commodity
markets in a cost-effective manner. The Managing Owner does not intend
to operate the Fund in a fashion such that its NAV per Share will
equal, in dollar terms, the aggregate of the spot prices of the Index
Commodities or the price of any particular Designated Contract.
    The Index is currently composed of Designated Contracts on 24 Index
Commodities, each of which is subject to speculative position limits
and other position limitations, as applicable, which are imposed by
either the CFTC or the rules of the Futures Exchanges on which the
Designated Contracts are traded. These position limits prohibit any
person from holding a position of more than a specific number of such
Designated Contracts (or Substitute Contracts, if applicable). Position
limits are fixed ceilings that the Fund would not be able to exceed
without specific Futures Exchange authorization. Under current law, all
Designated Contracts traded on a particular Futures Exchange that are
held under the control of the Managing Owner, including those held by
any future series of the Trust, are aggregated in determining the
application of applicable position limits.
    In addition to position limits, the Futures Exchanges may establish
daily price fluctuation limits on futures contracts. The daily price
fluctuation limit establishes the maximum amount that the price of
futures contracts may vary either up or down from the previous day's
settlement price. Once the daily price fluctuation limit has been
reached in a particular futures contract, no trades may be made at a
price beyond that limit. Futures Exchanges may also establish
accountability levels applicable to futures contracts. A Futures
Exchange may order a person who holds or controls aggregate positions
in excess of specified position accountability levels not to further
increase the positions, to comply with any prospective limit which
exceeds the size of the position owned or controlled, or to reduce any
open position which exceeds position accountability levels if the
Futures Exchange determines that such action is necessary to maintain
an orderly market. Position limits, accountability levels, and daily
price fluctuation limits set by the Futures Exchanges have the
potential to cause tracking error, which could cause changes in the NAV
per Share to substantially vary from changes in the level of the Index
and prevent an investor from being able to effectively use the Fund as
a way to indirectly invest in the global commodity markets.
    The Fund will be subject to these speculative position limits and
other limitations, as applicable, and, consequently, the Fund's ability
to issue new baskets or to reinvest income in additional Designated
Contracts may be limited to the extent these activities would cause the
Fund to exceed its applicable limits unless the Fund trades Cleared
Swaps, Substitute Contracts, or other Alternative Financial Instruments
in addition to, and as a proxy for, Designated Contracts. These limits,
and the use of Cleared Swaps, Substitute Contracts, or other
Alternative Financial

Instruments, in addition to or as a proxy for Designated Contracts, may
affect the correlation between changes in the NAV per Share and changes
in the level of the Index, and the correlation between the market price
of the Shares, as traded on the Exchange, and the NAV per Share.
    The Fund does not intend to limit the size of the offering and will
attempt to expose substantially all of its proceeds to the Index
Commodities utilizing Index Commodity Interests. If the Fund encounters
position limits, accountability levels, or price fluctuation limits for
Designated Contracts and/or Cleared Swaps, it may then, if permitted
under applicable regulatory requirements, purchase Alternative
Financial Instruments and/or Substitute Contracts listed on other
domestic or foreign exchanges. However, the commodity futures contracts
available on such foreign exchanges may have different underlying
sizes, deliveries, and prices. In addition, the commodity futures
contracts available on these exchanges may be subject to their own
position limits and accountability levels. In any case, notwithstanding
the potential availability of these instruments in certain
circumstances, position limits could force the Fund to limit the number
of baskets that it sells.

Description of the Index

    The Index aims to reflect the return of an investment in a world
production-weighted portfolio comprised of the principal physical
commodities that are the subject of active, liquid futures markets. The
Index employs a flexible and systematic futures contract rolling
methodology, which seeks to maximize yield from rolling long futures
contracts in certain markets (backwardated markets) and minimize roll
loss from rolling long futures positions in certain markets (contangoed
markets).
    The Index was developed by the Index Sponsor and is an index on a
world production-weighted basket of principal physical commodities. The
Index reflects the level of commodity prices at a given time and is
designed to be a measure of the return over time of the markets for
these commodities. The Index is an excess return commodity index
comprised of Designated Contracts that are replaced periodically.\11\
The commodities represented in the Index, each an Index Commodity, are
those physical commodities on which active and liquid contracts are
traded on trading facilities in major industrialized countries. The
Index Commodities are weighted, on a production basis, to reflect the
relative significance (in the view of the Index Sponsor) of those Index
Commodities to the world economy. The fluctuations in the level of the
Index are intended generally to correlate with changes in the prices of
those physical Index Commodities in global markets.
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    \11\ The process of periodically replacing a futures contract
prior to its expiration is known as ``rolling'' a contract or
position. An index that includes an assumed return on a hypothetical
portfolio of 3-month Treasury bills or any other risk free component
is known as a ``total return'' index. An ``excess return'' index
excludes returns on a hypothetical portfolio of 3-month Treasury
bills or any other risk free component.
---------------------------------------------------------------------------

    The Index utilizes the S&P GSCI[supreg] Dynamic Roll Index
Methodology, a monthly futures contract rolling methodology that
determines the new futures contract months for the underlying
commodities. The S&P GSCI[supreg] Dynamic Roll Index Methodology is
designed to maximize yield from rolling long futures contracts in
backwardated markets and minimize roll loss from rolling long futures
positions in contangoed markets. A ``backwardated'' market means a
market in which the prices of certain commodity futures contracts are
higher for contracts with shorter-term expirations than for contracts
with longer-term expirations. A ``contangoed'' market means a market in
which the prices of certain commodity futures contracts are lower for
contracts with shorter-term expirations than for contracts with longer-
term expirations.
    The Index is comprised of Designated Contracts, which are futures
contracts on the Index Commodities. The Index Commodities are
diversified across five different categories: energy, agriculture,
industrial metals, precious metals, and livestock. The Index reflects
the return associated with the change in prices of the underlying
Designated Contracts on the Index Commodities together with the ``roll
yield'' (as discussed below) associated with these Designated Contracts
(the price changes of the Designated Contracts and roll yield, taken
together, constitute the ``excess return'' reflected by the Index).
There is no limit on the number of Designated Contracts that may be
included in the Index. Any contract satisfying the eligibility criteria
will become a Designated Contract and will be included in the Index.
All of the Designated Contracts are exchange-traded futures contracts.
    A fundamental characteristic of the Index is that as a result of
being comprised of futures contracts on the applicable Index Commodity,
the Fund must be managed to ensure it does not take physical delivery
of each respective Index Commodity. This is achieved through a process
referred to as ``rolling'' under which a given futures contract during
a month in which it approaches its settlement date is rolled forward to
a new contract date (i.e., the futures contract is effectively ``sold''
to ``buy'' a longer-dated futures contract). All Designated Contracts
will be deemed to be rolled before their respective maturities into
futures contracts in the more-distant future.
    Roll yield is generated during the roll process from the difference
in price between the near-term and longer-dated futures contracts. The
futures curve is a hypothetical curve created by plotting futures
contract prices for a particular Index Commodity. When longer-dated
contracts are priced lower than the nearer contract and spot prices,
the market, which is in ``backwardation,'' is represented by a downward
sloping futures curve, and positive roll yield is generated when
higher-priced near-term futures contracts are ``sold'' to ``buy'' lower
priced longer-dated contracts. When the opposite is true and longer-
dated contracts are priced higher, the market, which is in
``contango,'' is represented by an upward sloping futures curve, and
negative roll yields result from the ``sale'' of lower priced near-term
futures contracts to ``buy'' higher priced longer-dated contracts.
While many of the Index Commodities may have historically exhibited
consistent periods of backwardation, backwardation will most likely not
exist at all times. Moreover, certain of the Index Commodities may have
historically traded in contangoed markets.

Index Methodology

    The Designated Contracts currently included in the Index, the
Futures Exchanges on which they are traded, their market symbols and
trading times, and their reference percentage dollar weights are set
forth below in Table 1.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                                Trading times     2011% dollar
        Futures exchange           Index commodity        Trading symbol       (eastern time)        weights
----------------------------------------------------------------------------------------------------------------
CBT............................  Chicago Wheat.....  W......................       09:30-13:15              3.00
KBT............................  Kansas City Wheat.  KW.....................       09:30-13:15              0.69
CBT............................  Corn..............  C......................       09:30-13:15              3.37
CBT............................  Soybeans..........  S......................       09:30-13:15              2.36
ICE-US.........................  Coffee............  KC.....................       03:30-14:00              0.76
ICE-US.........................  Sugar 11.  SB.....................       03:30-14:00              2.25
ICE-US.........................  Cocoa.............  CC.....................       04:00-14:00              0.39
ICE-US.........................  Cotton 2.  CT.....................       21:00-14:30              1.24
CME............................  Lean Hogs.........  LH.....................       09:05-13:00              1.59
CME............................  Live Cattle.......  LC.....................       09:05-13:00              2.59
CME............................  Feeder Cattle.....  FC.....................       09:05-13:00              0.44
NYM/ICE-US.....................  Crude Oil.........  CL.....................       09:00-14:30             34.71
NYM............................  Heating Oil.......  HO.....................       09:00-14:30              4.66
NYM............................  RBOB Gasoline.....  RB.....................       09:00-14:30              4.67
ICE-UK.........................  Brent Crude Oil...  LCO....................       19:00-17:00             15.22
ICE-UK.........................  Gasoil............  LGO....................       19:00-17:00              6.30
NYM/ICE-US.....................  Natural Gas.......  NG.....................       09:00-14:30              4.20
LME............................  Aluminum..........  MAL....................       11:00-10:45              2.70
LME............................  Copper............  MCU....................       11:00-10:45              3.66
LME............................  Lead..............  MPB....................       11:00-10:45              0.51
LME............................  Nickel............  MNI....................       11:00-10:45              0.82
LME............................  Zinc..............  MZN....................       11:00-10:45              0.72
CMX............................  Gold..............  GC.....................       08:20-13:30              2.80
CMX............................  Silver............  SI.....................       08:25-13:25              0.36
----------------------------------------------------------------------------------------------------------------

    The quantity of each of the Designated Contracts included in the
Index (``Contract Production Weight'' or ``CPW'') is determined on the
basis of a five-year average, referred to as the ``world production
average,'' of the production quantity of the underlying commodity as
published by a number of official sources as provided in the S&P
GSCI[supreg] Dynamic Roll Index Methodology. However, if an Index
Commodity is primarily a regional commodity, based on its production,
use, pricing, transportation, or other factors, the Index Sponsor, in
consultation with the Index Committee (described below), may calculate
the weight of that Index Commodity based on regional, rather than
world, production data. At present, natural gas is the only Index
Commodity the weights of which are calculated on the basis of regional
production data, with the relevant region defined as North America.
    The five-year average is updated annually for each Index Commodity
included in the Index, based on the most recent five-year period
(ending approximately one and a half years prior to the date of
calculation and moving backwards) for which complete data for all
commodities is available. The calculation of the CPW of each Designated
Contract is derived from world or regional production averages, as
applicable, of the relevant Index Commodity, and is based on the total
quantity traded for the relevant Designated Contract and the world or
regional production average, as applicable, of the underlying Index
Commodity. However, if the volume of trading in the relevant Designated
Contract, as a multiple of the production levels of the Index Commodity
(``Trading Volume Multiple'' or ``TVM''),\12\ is below a specified
threshold (``Trading Volume Multiple Threshold'' or ``TVMT''),\13\ the
CPW of the Designated Contract is reduced until the threshold is
satisfied. This is designed to ensure that trading in each Designated
Contract is sufficiently liquid relative to the production of the Index
Commodity.
---------------------------------------------------------------------------

    \12\ The TVM with respect to any Designated Contract is the
quotient of (i) the product of (a) the total annualized quantity
traded of such Designated Contract during the relevant calculation
period and (b) the sum of the products of (x) the Designated
Contract production weight of each Designated Contract included in
the S&P GSCI and (y) the corresponding average month-end settlement
price of the first nearby contract expiration of such Designated
Contracts during the relevant period, and (ii) the product of (a)
the targeted amount of investment in the S&P GSCI and related
indices that needs to be supported by liquidity in the relevant
Designated Contracts (currently $190 billion) and (b) the Designated
Contract production weight of such Designated Contract.
    \13\ The TVMT is the TVM level, specified by S&P, which triggers
a recalculation of the Designated Contract production weights for
all Designated Contracts on an Index Commodity if the TVM of any
such Designated Contract falls below such level.
---------------------------------------------------------------------------

    In addition, the Index Sponsor performs this calculation on a
monthly basis and, if the TVM of any Designated Contract is below the
TVMT, the composition of the Index is reevaluated, based on the
criteria and weighting procedure described above. This procedure is
undertaken to allow the Index to shift from Designated Contracts that
have lost substantial liquidity into more liquid contracts during the
course of a given year. As a result, it is possible that the
composition or weighting of the Index will change on one or more of
these monthly evaluation dates. The likely circumstances under which
the Index Sponsor would be expected to change the composition of the
Index during a given year, however, are (1) a substantial shift of
liquidity away from a Designated Contract included in the Index as
described above, or (2) an emergency, such as a natural disaster or act
of war or terrorism, that causes trading in a particular contract to
cease permanently or for an extended period of time. In either event,
the Index Sponsor will publish the nature of the changes through Web
sites, news media, or other outlets, with as much prior notice to
market participants as is reasonably practicable. Moreover, regardless
of whether any changes have occurred during the year, the Index Sponsor
reevaluates the composition of the Index at the conclusion of each
year, based on the above criteria, and other commodities that satisfy
that criteria, if any, will be added to the Index while commodities
included in the Index that no longer satisfy that criteria, if any,
will be deleted.
    The Index Sponsor also determines whether modifications in the
selection criteria or the methodology for

determining the composition and weights of and for calculating the
Index are necessary or appropriate in order to assure that the Index
represents a measure of commodity market return. The Index Sponsor has
the discretion to make any such modifications.

Calculation of the Closing Value of the Index

    The value, or the total dollar weight, of the Index on each
business day is equal to the sum of the dollar weights of each of the
Index Commodities. The dollar weight of each Index Commodity on any
given day is equal to the product of (i) the weight of such Index
Commodity, (ii) the daily contract reference price for the appropriate
Designated Contracts, and (iii) the applicable ``roll weights'' during
a Roll Period.\14\
---------------------------------------------------------------------------

    \14\ The ``roll weight'' of each Index Commodity reflects the
fact that the positions in the Designated Contracts must be
liquidated or rolled forward into more distant contract expirations
as they near expiration. If actual positions in the relevant markets
were rolled forward, the roll would likely need to take place over a
period of days. Because the Index is designed to replicate the
return of actual investments in the underlying Designated Contracts,
the rolling process incorporated in the Index also takes place over
a period of days at the beginning of each month, referred to as the
``Roll Period.'' On each day of the Roll Period, the ``roll
weights'' of the first nearby contract expirations on a particular
Index Commodity and the more distant contract expiration into which
it is rolled are adjusted, so that the hypothetical position in the
Designated Contract on the Index Commodity that is included in the
Index is gradually shifted from the first nearby contract expiration
to the more distant contract expiration pursuant to the S&P
GSCI[supreg] Dynamic Roll Index Methodology.
---------------------------------------------------------------------------

    The daily contract reference price used in calculating the dollar
weight of each Index Commodity on any given day is the most recent
daily contract reference price for the applicable Designated Contract
made available by the Futures Exchange on which it trades, except that
the daily contract reference price for the most recent prior day will
be used if the Futures Exchange is closed or otherwise fails to publish
a daily contract reference price on that day. If the Futures Exchange
fails to make a daily contract reference price available or if the
Index Sponsor determines, in its reasonable judgment, that the
published daily contract reference price reflects manifest error, the
relevant calculation will be delayed until the price is made available
or corrected. If the daily contract reference price is not made
available or corrected by 4 p.m., Eastern Time, the Index Sponsor may
determine, in its reasonable judgment, the appropriate daily contract
reference price for the applicable Designated Contract in order to
calculate the Index.

The Index Committee

    The Index Sponsor has established an ``Index Committee'' to oversee
the daily management and operations of the Index, and is responsible
for all analytical methods and calculation of the Index. The Index
Committee is comprised of full-time professional members of the Index
Sponsor's staff. At each meeting, the Index Committee reviews any
issues that may affect Index constituents, statistics comparing the
composition of the Index to the market, commodities that are being
considered as candidates for addition to the Index, and any significant
market events. In addition, the Index Committee may revise Index policy
covering rules for selecting commodities or other matters.
    The Index Sponsor considers information about changes to the Index
and related matters to be potentially market-moving and material.
Therefore, all Index Committee discussions are confidential.
    In addition, the Index Sponsor has established a ``Commodity Index
Advisory Panel'' to assist it with the operation of the Index. The
Commodity Index Advisory Panel meets on an annual basis and at other
times at the request of the Index Committee. The principal purpose of
the Commodity Index Advisory Panel is to advise the Index Committee
with respect to, among other things, the calculation of the Index, the
effectiveness of the Index as a measure of commodity futures market
return, and the need for changes in the composition or the methodology
of the Index. The Commodity Index Advisory Panel acts solely in an
advisory and consultative capacity. The Index Committee makes all
decisions with respect to the composition, calculation, and operation
of the Index. The Index Advisory Panel representatives include
employees of S&P indices, McGraw-Hill Financial, and clients of S&P
indices. Certain of the members of the Index Advisory Panel may be
affiliated with entities which, from time to time, may have investments
linked to the S&P GSCI or other S&P commodities indices, either through
transactions in the contracts included in the S&P GSCI and other S&P
commodities indices, or futures contracts or derivative products linked
to the S&P commodities indices. The Index Committee and the Commodity
Index Advisory Panel are subject to procedures designed to prevent the
use and dissemination of material, non-public information regarding the
Index.
    A more detailed description of the Shares, the Fund, the Index, the
Index Commodities, investment risks, creation and redemption
procedures, fees, trading halts, surveillance, and the Information
Bulletin, among other things, can be found in the Notice and/or the
Registration Statement, as applicable.\15\
---------------------------------------------------------------------------

    \15\ See Notice and Registration Statement, supra notes 3 and 5,
respectively.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change to list and trade the Shares of the Fund is consistent with the
requirements of Section 6 of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\16\ In
particular, the Commission finds that the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act,\17\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in 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. The Commission notes that
the Fund and the Shares must comply with the requirements of NYSE Arca
Equities Rule 8.200 and Commentary .02 thereto to be listed and traded
on the Exchange.
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\18\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information regarding the Shares will be disseminated through the
facilities of the Consolidated Tape Association (``CTA''). The Index
Sponsor will calculate and publish the value of the Index continuously
on each business day, with such values updated every 15 seconds. In
addition, the intra-day indicative value (``IIV'') per Share of the
Fund, which will be based on the prior day's final NAV per Share and
adjusted every 15 seconds during the

NYSE Arca Core Trading Session to reflect the continuous price changes
of the Designated Contracts and other holdings, if any, held by the
Fund, will be widely disseminated by one or more major market data
vendors at least every 15 seconds during the NYSE Arca Core Trading
Session.\19\ The final NAV of the Fund and the final NAV per Share will
be calculated as of the closing time of NYSE Arca Core Trading Session
or the last to close of the Futures Exchanges on which the Designated
Contracts or Substitute Contracts (which are listed on futures
exchanges other than Futures Exchanges) are traded, whichever is later,
and posted in the same manner.\20\ The S&P GSCI[supreg] Dynamic Roll
Index Methodology will be provided by the Index Sponsor on its Web
site. The Fund will provide Web site disclosure of portfolio holdings
daily and will include, as applicable, the names, quantity, price, and
market value of Designated Contracts, Cleared Swaps, Substitute
Contracts, and Alternative Financial Instruments, if any, held by the
Fund, and the characteristics of such instruments, and cash equivalents
and amount of cash held in the portfolio of the Fund. The prices of the
Designated Contracts, Cleared Swaps, Substitute Contracts, and
exchange-traded cash settled options are available from the applicable
exchanges on which they trade and from market data vendors. The closing
prices and settlement prices of futures contracts on the Index
Commodities are readily available from the Web sites of the applicable
futures exchanges on which they trade, automated quotation systems,
published or other public sources, or on-line information services such
as Bloomberg or Reuters. The relevant futures exchanges on which the
underlying futures contracts are listed also provide delayed futures
information on current and past trading sessions and market news free
of charge on their respective Web sites. The specific contract
specifications for the futures contracts are also available on such Web
sites, as well as other financial informational sources. In addition,
the Managing Owner's Web site and/or the Web site of the Exchange will
contain the prospectus and additional data relating to NAV and other
applicable quantitative information.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \19\ According to the Exchange, several major market data
vendors currently display and/or make widely available IIVs
published on CTA or other data feeds.
    \20\ The Exchange represents that, although a time gap may exist
between the close of the NYSE Arca Core Trading Session and the
close of the Futures Exchanges on which the Designated Contracts or
Substitute Contracts (which are listed on futures exchanges other
than Futures Exchanges) are traded, there is no effect on the NAV
calculations as a result.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. If the Exchange becomes aware that the NAV with respect to the
Shares is not disseminated to all market participants at the same time,
it will halt trading in the Shares until such time as the NAV is
available to all market participants. Further, the Exchange represents
that it may halt trading during the day in which an interruption to the
dissemination of the IIV, the Index, or the value of the underlying
futures contracts occurs. If the interruption to the dissemination of
the IIV, the Index, or the value of the underlying futures contracts
persists past the trading day in which it occurred, the Exchange will
halt trading no later than the beginning of the trading day following
the interruption. The Exchange may halt trading in the Shares if
trading is not occurring in the underlying futures contracts, or if
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\21\ In addition,
the Web site disclosure of the portfolio composition of the Fund will
occur at the same time as the disclosure by the Managing Owner of the
portfolio composition to authorized participants so that all market
participants are provided portfolio composition information at the same
time. Therefore, the same portfolio information will be provided on the
public Web site as well as in electronic files provided to authorized
participants. Accordingly, each investor will have access to the
current portfolio composition of the Fund through the Fund's Web site.
The Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees.
Lastly, the trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200, Commentary .02(e), which sets forth certain restrictions on
ETP Holders \22\ acting as registered Market Makers \23\ in TIRs to
facilitate surveillance.
---------------------------------------------------------------------------

    \21\ With respect to trading halts, the Exchange may consider
all relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading in the Shares will be subject to
halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule in NYSE Arca Equities Rule 7.12
or by the halt or suspension of trading of the underlying futures
contracts. Trading also may be halted because of market conditions
or for reasons that, in the view of the Exchange, make trading in
the Shares inadvisable.
    \22\ See NYSE Arca Equities Rule 1.1(n) (defining ETP Holder).
    \23\ See NYSE Arca Equities Rule 1.1(u) (defining Market Maker).
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are deemed to be
equity securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Fund will meet the initial and continued listing
requirements applicable to TIRs in NYSE Arca Equities Rule 8.200 and
Commentary .02 thereto.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures applicable to derivative
products, including TIRs, are adequate to properly monitor Exchange
trading of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    (4) With respect to Fund assets traded on exchanges, not more than
10% of the weight of such assets in the aggregate shall consist of
components whose principal trading market is not a member of the
Intermarket Surveillance Group or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.
    (5) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The risks involved in trading the Shares during the Opening and Late
Trading Sessions when an updated IIV will not be calculated or publicly
disseminated; (b) the procedures for purchases and redemptions of
Shares in baskets (and that Shares are not individually redeemable);
(c) NYSE Arca Equities Rule 9.2(a), which imposes a duty of due
diligence on its ETP Holders to learn the essential facts relating to
every customer prior to trading the Shares; (d) how information
regarding the IIV is disseminated; (e) the requirement that ETP Holders
deliver a prospectus to investors purchasing newly issued Shares prior
to or concurrently with the confirmation of a transaction; and (f)
trading information.

    (6) A minimum of 100,000 Shares of the Fund will be outstanding as
of the start of trading on the Exchange.
    (7) With respect to application of Rule 10A-3 under the Act,\24\
the Fund will rely on the exception contained in Rule 10A-3(c)(7).\25\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.10A-3.
    \25\ 17 CFR 240.10A-3(c)(7).

This approval order is based on all of the Exchange's
representations.\26\
---------------------------------------------------------------------------

    \26\ The Commission notes that it does not regulate the market
for futures in which the Fund plans to take positions, which is the
responsibility of the CFTC. The CFTC has the authority to set limits
on the positions that any person may take in futures. These limits
may be directly set by the CFTC or by the markets on which the
futures are traded. The Commission has no role in establishing
position limits on futures, even though such limits could impact an
exchange-traded product that is under the jurisdiction of the
Commission.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \27\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\28\ that the proposed rule change (SR-NYSEArca-2012-10) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-8425 Filed 4-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16777-16778]
[FR Doc No: 2019-08120]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 117, 147, and 165

[USCG-2019-0255]

2019 Quarterly Listings; Safety Zones, Security Zones, Special
Local Regulations, Drawbridge Operation Regulations and Regulated
Navigation Areas

AGENCY: Coast Guard, DHS.

ACTION: Notification of expired temporary rules issued.

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

SUMMARY: This document provides notification of substantive rules
issued by the Coast Guard that were made temporarily effective but
expired before they could be published in the Federal Register. This
document lists temporary safety zones, security zones, special local
regulations, drawbridge operation regulations and regulated navigation
areas, all of limited duration and for which timely publication in the
Federal Register was not possible.

DATES: This document lists temporary Coast Guard rules that became
effective, primarily between December 2018 and March 2019, unless
otherwise indicated, and were terminated before they could be published
in the Federal Register.

ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document contact
Deborah Thomas, Office of Regulations and Administrative Law, telephone
(202) 372-3864.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit access to prevent injury or damage to
vessels, ports, or waterfront facilities. Special local regulations are
issued to enhance the safety of participants and spectators at regattas
and other marine events. Drawbridge operation regulations authorize
changes to drawbridge schedules to accommodate bridge repairs, seasonal
vessel traffic, and local public events. Regulated Navigation Areas are
water areas within a defined boundary for which regulations for vessels
navigating within the area have been established by the regional Coast
Guard District Commander.
    Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Because Federal Register publication was not possible before the
end of the effective period, mariners were personally notified of the
contents of these safety zones, security zones, special local
regulations, regulated navigation areas or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated.
    The following unpublished rules were placed in effect temporarily
during the period between December 2018 and March 2019 unless otherwise
indicated. To view copies of these rules, visit www.regulations.gov and
search by the docket number indicated in the following table.

----------------------------------------------------------------------------------------------------------------
             Docket No.                           Type                        Location            Effective date
----------------------------------------------------------------------------------------------------------------
USCG-2018-0818......................  Safety Zones (Parts 147 and   Sunken Vessel Charleston            11/18/18
                                       165).                         Harbor; Charleston, SC.
USCG-2018-0914......................  Security Zones (Part 165)...  Potomac River and Anacostia          12/3/18
                                                                     River, Washington, DC.
USCG-2018-1113......................  Safety Zones (Parts 147 and   Downtown Sandusky Fireworks,        12/31/18
                                       165).                         Lake Erie, Sandusky, OH.
USCG-2018-1112......................  Safety Zones (Parts 147 and   Ohio River, Vanport, PA.....          1/1/19
                                       165).
USCG-2018-1086......................  Safety Zones (Parts 147 and   Tennessee River, Huntsville,          1/4/19
                                       165).                         AL.
USCG-2019-0008......................  Safety Zones (Parts 147 and   Tennessee River, Huntsville,          1/9/19
                                       165).                         AL.
USCG-2019-0021......................  Security Zones (Part 165)...  Corpus Christi Ship Channel,         1/12/19
                                                                     Corpus Christi, TX.
USCG-2018-1059......................  Safety Zones (Parts 147 and   Tappan Zee Bridge                    1/12/19
                                       165).                         Demolition, Hudson River;
                                                                     Tarrytown, NY.
USCG-2018-1111......................  Safety Zones (Parts 147 and   Fireworks Displays in the            1/13/19
                                       165).                         Fifth Coast Guard District.
USCG-2018-1116......................  Safety Zones (Parts 147 and   Atlantic Intracoastal                1/15/19
                                       165).                         Waterway, Camp Lejeune, NC.
USCG-2019-0026......................  Safety Zones (Parts 147 and   Tennessee River, Calvert             1/16/19
                                       165).                         City, KY.
USCG-2019-0006......................  Safety Zones (Parts 147 and   Ohio River, Owensboro, KY...         1/19/19
                                       165).
USCG-2018-1115......................  Drawbridges (Part 117)......  Newport River, Beaufort, NC.         1/25/19
USCG-2019-0007......................  Special Local Regulations     Gasparilla Marine Parade;            1/26/19
                                       (Part 100).                   Hillsborough Bay; Tampa, FL.
USCG-2018-1120......................  Special Local Regulations     Hanohano Ocean Challenge,            1/26/19
                                       (Part 100).                   San Diego, CA.
USCG-2019-0027......................  Safety Zones (Parts 147 and   Pier 84; Fireworks Display           2/11/19
                                       165).                         in the COTP, NY.
USCG-2018-1109......................  Safety Zones (Parts 147 and   Murden Cove, Bainbridge              2/26/19
                                       165).                         Island, WA.
USCG-2019-0204......................  Safety Zones (Parts 147 and   Squalicum Harbor, WA........         3/16/19
                                       165).
USCG-2019-0173......................  Security Zones (Part 165)...  Charleston Harbor and Cooper         3/19/19
                                                                     River, Charleston, SC.
----------------------------------------------------------------------------------------------------------------

    Dated: April 18, 2019.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2019-08120 Filed 4-22-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70656-70660]
[FR Doc No: 2011-29184]

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

40 CFR Part 52

[EPA-R04-OAR-2011-0029-201103; FRL-9490-5]

Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Charlotte-
Gastonia-Rock Hill, NC and SC; Determination of Attainment of the 1997
8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to determine that the Charlotte-
Gastonia-Rock Hill, North Carolina-South Carolina nonattainment area
has attained the 1997 8-hour ozone national ambient air quality
standards (NAAQS). The Charlotte-Gastonia-Rock Hill, North Carolina-
South Carolina 1997 8-hour ozone nonattainment area (hereafter referred
to as the ``bi-state Charlotte Area'') is composed of Cabarrus, Gaston,
Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell (Davidson
and Coddle Creek Townships) Counties in North Carolina; and a portion
of York County in South Carolina. This determination is based upon
complete, quality assured, quality controlled, and certified ambient
air monitoring data for the years 2008-2010 showing that the bi-state
Charlotte Area has monitored attainment of the 1997 8-hour ozone NAAQS.
Under the provisions of EPA's ozone implementation rule the
requirements for the States of North Carolina and South Carolina to
submit an attainment demonstration and associated reasonably available
control measures (RACM) analyses, reasonable further progress (RFP)
plans, contingency measures, and other planning state implementation
plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for
the bi-state Charlotte Area, shall be suspended for as long as the Area
continues to attain the 1997 8-hour ozone NAAQS. Additionally, EPA is
responding to comments received on EPA's April 12, 2011, proposed
rulemaking.

DATES: Effective Date: This final rule is effective on December 15,
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2011-0029. 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 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
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.

FOR FURTHER INFORMATION CONTACT: Jane Spann or Zuri Farngalo,
Regulatory Development Section, Air Planning

Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Ms. Spann may be reached by phone at (404)
562-9029 or via electronic mail at<EMAIL_ADDRESS>Mr. Farngalo may
be reached by phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's response to comments?
IV. What is EPA's final action?
V. What are the statutory and Executive Order reviews?

I. What action is EPA taking?

    EPA is determining that the bi-state Charlotte Area has attained
the 1997 8-hour ozone NAAQS. This determination is based upon complete,
quality-assured, quality-controlled and certified ambient air
monitoring data that shows the bi-state Charlotte Area has attained the
1997 8-hour ozone NAAQS based on the 2008-2010 data. Preliminary data
available for 2011 are consistent with continued attainment of the 1997
8-hour ozone standard.
    Other specific requirements of the determination and the rationale
for EPA's final action are explained in the notice of proposed
rulemaking published on April 12, 2011, (76 FR 20293) and will not be
restated here. The comment period closed on May 12, 2011. EPA received
one set of adverse comments. In this action, EPA is responding to those
adverse comments.

II. What is the effect of this action?

    In accordance with 40 CFR 51.918, this final determination suspends
the requirements for North Carolina and South Carolina to submit
attainment demonstrations, associated RACM, RFP, contingency measures,
and other planning SIPs related to attainment of the 1997 8-hour ozone
NAAQS in the bi-state Charlotte area, as long as the Area continues to
meet the 1997 8-hour ozone NAAQS. Finalizing this action does not
constitute a redesignation of the bi-state Charlotte Area to attainment
for the 1997 8-hour ozone NAAQS under section 107(d)(3) of the Clean
Air Act (CAA or Act), nor is it a determination that the States have
met all requirements for redesignation of the Area.

III. What is EPA's response to comments?

    EPA received one set of comments from Robert Ukeiley on the April
12, 2011, proposed determination of attainment for the bi-state
Charlotte Area for the 1997 8-hour ozone NAAQS. A summary of the
comments and EPA's responses are provided below.
    Comment 1: The Commenter cites CAA section 110(l) and asserts that
EPA's proposed determination is not in compliance with CAA section
110(l). Specifically, the Commenter states: ``Clean Air Act Sec.
110(l) provides that the `Administrator shall not approve a revision of
a plan if the revision would interfere with an applicable requirement
concerning attainment and reasonable further progress * * * or any
other applicable requirement of this chapter.' '' 42 U.S.C. 7410(l).
The Commenter argues that EPA may not make the determination without
providing an analysis under section 110(l).
    Response 1: EPA disagrees with the Commenter that a section 110(l)
analysis is required. This action is not approving a SIP revision, and
thus CAA section 110(l) is not applicable. CAA section 110(l) applies
explicitly and only to a ``revision to an implementation plan.'' EPA's
rulemaking here is restricted to EPA's determination, based on ambient
air quality, that the Area is attaining the 1997 8-hour ozone standard.
It is not a SIP revision, and thus section 110(l) is by its own terms
not applicable to this rulemaking. It is not this determination of
attainment, but rather EPA's ozone implementation rule, 40 CFR 51.918,
that specifies the consequence of the determination as suspension of
the area's obligations to submit an attainment demonstration, a RFP
plan, contingency measures and other planning requirements related to
attainment as SIP revisions for as long as the area continues to
attain. In any case, the requirements that are suspended by the
regulation are related solely to attainment for the 1997 8-hour ozone
standard. EPA is determining, and the Commenter does not contest, that
the area is attaining that standard and the suspension of attainment
planning SIP submissions lasts only as long as the area is meeting that
standard. No other requirements are suspended. The Commenter is
incorrect in arguing that the determination of attainment would delay
implementation of measures needed for attainment of the 1997 8-hour
ozone standard, and that it would relax SIP control measures. This
action has no effect on control measures, or air quality, in the area.
For example, contrary to Commenter's contention, reasonably available
control technology (RACT) requirements for the 1997 8-hour ozone
standard (or for any other standard), are not suspended or delayed by
this determination, nor by 40 CFR 51.918. In sum, no evaluation under
section 110(l) is required by law, and even if such an evaluation were
required, EPA would conclude that this determination of attainment
would not interfere with attainment, reasonable further progress
towards attainment, or any other applicable requirement of the CAA.
    Comment 2: The Commenter claims that the attainment determination
``effectively relax[es] the SIP by staying its implementation,'' and
goes on to say that ``the Federal Register notice as well as the docket
are devoid of any analysis of how delaying implementation of the
attainment demonstration, RACM, [RFP], contingency measures and other
planning requirements related to attainment of the 85 [parts per
billion (ppb)] ozone NAAQS will interfere with attaining, making
reasonable further progress on attaining and maintaining the 75 ppb
ozone NAAQS as well as the 1-hour 100 ppb nitrogen oxides
[NO2] NAAQS.'' Further, the Commenter states that ``[t]he
notice and docket are also devoid of any analysis of how delaying
implementation of the various 85 ppb ozone nonattainment SIP provisions
will interfere with attaining, making reasonable further progress, and
maintaining the other NAAQS through co-benefits. For example,
transportation control measures should have the co-benefit of reduced
carbon monoxide [CO] and sulfur dioxide [SO2] emissions from
mobile sources.''
    Response 2: The sole question addressed by EPA's rulemaking is
whether the monitored ambient air quality in the Area shows that the
Area has attained the 1997 8-hour ozone standard.\1\ The Commenter does
not contest EPA's finding that the bi-State Charlotte Area meets this
NAAQS. Upon EPA's final determination that the Area has attained the
standard, 40 CFR 51.918 provides that the CAA requirement to submit
planning SIPs associated with attainment of that standard are suspended
for as long as the Area continues to have ambient air quality data that
meets that NAAQS. This regulation, which was upheld by the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Cir.) in NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009), is based on the
principle that when an area is already attaining a standard, and
continues in attainment, there is no basis for requiring planning SIPs
to attain that

standard. In other words, if an area is meeting the NAAQS, it does not
need a plan to meet the NAAQS. No additional measures are required for
the area to attain the standard, since the area is already in
attainment. In any event, EPA's determination of attainment is based
solely on quality-assured ambient air quality monitoring. It is 40 CFR
51.918 that directs the suspension of planning requirements for the
1997 8-hour ozone standard. This suspension lasts only for so long as
the area continues in attainment. Contrary to the Commenter's
contention, under these circumstances there are no adverse impacts from
the suspension. Moreover, this action concerns only the 1997 8-hour
ozone standard, and is not relevant to the revised 8-hour ozone NAAQS
of 0.075 ppm (75 ppb) that EPA promulgated on March 12, 2008. Further,
EPA's determination of attainment for the bi-state Charlotte Area does
not revise or remove any existing emissions limit for any NAAQS, or any
other existing substantive SIP provisions relevant to the 1997 8-hour
ozone NAAQS or the new NO2 and SO2 NAAQS. Nor
does this determination revise or remove any existing emissions limit,
or any existing substantive SIP provisions related to the CO NAAQS. As
a result, this action does not relax any existing requirements or alter
the status quo air quality.
---------------------------------------------------------------------------

    \1\ EPA notes that the 1997 8-hour ozone NAAQS as published in a
July 18, 1997, (62 FR 38856) is 0.08 parts per million (ppm), which
is effectively 0.084 ppm or 84 ppb (due to the rounding convention)
and not 85 ppb as the Commenter stated.
---------------------------------------------------------------------------

    The Commenter expresses concerns that this action ``will interfere
with attaining, making reasonable further progress, and maintaining the
other NAAQS through co-benefits.'' To support this claim, the Commenter
mentions that transportation control measures should have the co-
benefit of reduced CO and SO2 emissions from mobile sources.
EPA does not understand the concern the Commenter is expressing with
regard to transportation control measures. There are no mandatory or
statutory requirements for this Area to implement transportation
control measures even without EPA's action to suspend the requirements
to submit attainment demonstrations, associated RACM, RFP, contingency
measures, and other planning SIPs related to attainment of the 1997 8-
hour ozone NAAQS.
    Comment 3: The Commenter asserts that ``EPA's analysis must
conclude that this proposed action would [violate] Sec.  110(l) if
finalized.'' To support this statement, the Commenter gives the example
``42 U.S.C. Sec.  7502(a)(2)(A) & (B) provides that the attainment date
for nonattainment areas `shall be the date by which attainment can be
achieved as expeditiously as practicable[.]' '' The Commenter goes on
to contend that ``delaying implementing the nonattainment SIP
[measures] for the 85 ppb NAAQS will delay the date by which the area
can achieve the 75 ppb NAAQS, or a more protective NAAQS that EPA may
promulgate.''
    Response 3: EPA disagrees with the Commenter's assertion that a
final determination of attainment for the bi-state Charlotte Area for
the 1997 8-hour ozone NAAQS would violate section 110(l). First, as
noted above, this action is not approving a SIP revision and thus
section 110(l) is not applicable. Second, EPA's implementing
regulation, 40 CFR 51.918, provides that as a result of the
determination that the Area is attaining, the nonattainment planning
measures--which are designed to bring the Area into attainment--are no
longer necessary so long as the Area continues to have attaining data
for the 1997 8-hour ozone NAAQS. See 40 CFR 51.918. These logical
consequences are articulated by regulation, and EPA's determination of
attainment does not make any substantive revision that could result in
any change in emissions. This action does not relax any existing
requirements, delay implementation of measures, or alter the status quo
air quality.
    Comment 4: The Commenter expresses concerns regarding the sources'
compliance with RACT and control techniques guidelines (CTG), and cites
to 42 U.S.C. 7502(c)(1) explaining ``that nonattainment SIPs shall
provide for RACM as expeditiously as practicable.'' Specifically, the
Commenter states ``[d]elay in implementing the nonattainment SIP for
the 85 ppb NAAQS will interfere with the expeditious implementation of
RACM for the 75 ppb NAAQS.'' The Commenter goes on to explain that ``if
a source has already installed pollution controls to comply with RACT
for the 85 ppb NAAQS, then the source can expeditiously comply with
RACT for the 75 ppb NAAQS. However, delaying compliance with RACT for
the 85 ppb NAAQS will interfere with the expeditious compliance with
RACT for the 75 ppb NAAQS. This is especially true for sources that
comply with RACT set forth in the Control Techniques Guidelines
(CTG).''
    Response 4: EPA believes that the Commenter's concerns regarding
compliance of RACT and meeting the requirements for CTG are misplaced
because this action does not relieve North Carolina or South Carolina
of meeting these requirements for the 1997 8-hour ozone NAAQS. Both
North Carolina and South Carolina have provided EPA with SIP revisions
to comply with the RACT and CTG requirements for the 1997 8-hour ozone
NAAQS for the bi-state Charlotte Area. (EPA is taking action on these
SIP revisions in rulemakings separate from today's action. In any
event, a determination of attainment does not result in the suspension
of any obligation to submit 8-hour ozone RACT requirements). The
Commenter's concern regarding ``expeditious compliance with RACT for
the 75 ppb NAAQS,'' is misplaced. No designations have been made for
the revised NAAQS, and thus no RACT requirements for that NAAQS are in
place. Should the bi-state Charlotte Area (or any part thereof) be
designated nonattainment for the 75 ppb ozone NAAQS or another revised
NAAQS, the States will be subject to the applicable CAA requirements
for that area based on the area's classification after EPA's
nonattainment designation process is complete.
    Comment 5: The Commenter states that:

``some nitrogen oxides (NOX) emissions which should be
controlled by the 85 ppb nonattainment SIP provisions will become
fine particulate matter. Allowing these NOX emission[s]
will interfere with the national goal of remedying existing
impairment of visibility in mandatory Class I [F]ederal areas which
impairment results from manmade air pollution as set forth in 42
U.S.C. Sec.  7491(a)(1) as well as making reasonable progress
towards that goal as required by 42 U.S.C. Sec.  7491(a)(4) and its
implementing regulations.''

The Commenter goes on to state that ``[d]elay in requiring
implementation of the 85 ppb nonattainment SIP provisions will also
interfere with the requirement to procure, install and operate, as
expeditiously as practicable best available retrofit technology as
required by 42 U.S.C. Sec.  7491(b)(2)(A) and its implementing
regulations.''
    Response 5: The Commenter provides no basis for their assertion
that determination of attainment for the 1997 8-hour ozone NAAQS for
the bi-state Charlotte Area will delay implementation of controls and
thus allow NOX emissions to interfere with ``the national
goal of remedying existing impairment of visibility in mandatory Class
I [F]ederal areas'' or ``the requirement to procure, install and
operate, as expeditiously as practicable best available retrofit
technology.'' As previously described, EPA's determination of the bi-
state Charlotte Area's attainment of the 1997 8-hour ozone NAAQS does
not make substantive revisions that could result in or delay required
controls. Today's action, pursuant to 40 CFR 51.918 merely suspends the
requirements for

the bi-state Charlotte Area to submit attainment demonstrations,
associated RACM, RFP, contingency measures, and other planning SIPs
related to attainment of the 1997 8-hour ozone NAAQS (when the Area has
already attained that standard). It does not, in and of itself, relax
any existing requirements or alter the status quo air quality.
    This action also does not relieve North Carolina and South Carolina
of the requirements related to improving visibility impairment,
including meeting reasonable progress goals and the consideration of
best available control technology for Class I areas in North Carolina
and South Carolina. Both North Carolina and South Carolina have
submitted SIP revisions to address requirements related to improving
visibility impairment including meeting reasonable progress goals and
the consideration of best available control technology for their
respective Class I areas. EPA will address these SIP submissions in a
rulemaking separate from today's action.

IV. What is EPA's final action?

    EPA is taking final action to determine that the bi-state Charlotte
Area has attained the 1997 8-hour ozone NAAQS. This determination is
based upon complete, quality-assured, quality-controlled, and certified
ambient air monitoring data showing that the bi-state Charlotte Area
has monitored attainment of the 1997 8-hour ozone NAAQS during the
period 2008-2010. This final action, in accordance with 40 CFR 51.918,
will suspend the requirements for the States of North Carolina and
South Carolina to submit attainment demonstrations, associated RACM,
RFP plans, contingency measures, and other planning SIPs for the bi-
State Charlotte Area related to attainment of the 1997 8-hour ozone
NAAQS, for as long as the Area continues to meet the 1997 8-hour ozone
NAAQS.

V. What are statutory and Executive Order reviews?

    This action makes a determination of attainment based on air
quality, and will result in the suspension of certain federal
requirements, and it will not impose additional requirements beyond
those imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 1997 8-hour ozone NAAQS determination of
attainment for the bi-state Charlotte Area does not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the determination does not have substantial
direct effects on an Indian Tribe. The Catawba Indian Nation
Reservation is located within the South Carolina portion of the bi-
state Charlotte Area. EPA notes that the proposal for this rule
incorrectly stated that the South Carolina SIP is not approved to apply
in Indian country located in the State. While this statement is
generally true with regard to Indian country throughout the United
States, for purposes of the Catawba Indian Nation Reservation in Rock
Hill, the SIP does apply within the Reservation. Pursuant to the
Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all
state and local environmental laws and regulations apply to the
[Catawba Indian Nation] and Reservation and are fully enforceable by
all relevant state and local agencies and authorities.'' However,
because today's action will not result in any direct effects on the
Catawba, EPA's initial assessment that Executive Order 13175 does not
apply remains valid. Furthermore, EPA notes today's action also will
not impose substantial direct costs on Tribal governments or preempt
Tribal law.
    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).
    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 17, 2012. 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 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, Intergovernmental
relations, Incorporation by reference, Oxides of nitrogen, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 2, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.

    40 CFR part 52 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 II--North Carolina

0
2. Section 52.1779 is added to read as follows:

Sec.  52.1779  Control strategy: Ozone.

    (a) Determination of attaining data. EPA has determined, as of
November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North
Carolina-South Carolina

nonattainment area has attaining data for the 1997 8-hour ozone NAAQS.
This determination, in accordance with 40 CFR 51.918, 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 standards for as long as this area continues to meet
the 1997 8-hour ozone NAAQS.
    (b) [Reserved]

Subpart PP--South Carolina

0
3. Section 52.2125 is added to read as follows:

Sec.  52.2125  Control strategy: Ozone.

    (a) Determination of attaining data. EPA has determined, as of
November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North
Carolina-South Carolina nonattainment area has attaining data for the
1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR
51.918, 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 standards for as long as
this area continues to meet the 1997 8-hour ozone NAAQS.
    (b) [Reserved]

[FR Doc. 2011-29184 Filed 11-14-11; 8:45 am]
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[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Notices]
[Page 3089-3090]
[DOCID:fr19ja06-78]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Apllication for Amendment of License and Soliciting
Comments, Motions To Intervene, and Protests

January 11, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project Number: P-271-085.
    c. Date Filed: December 13, 2005.
    d. Applicant: Entergy Arkansas, Inc. (Entergy).
    e. Name of Project: Carpenter-Remmel Project.
    f. Location: The project is located on the Quachita River in Hot
Springs and Garland Counties, Arkansas. The project does not occupy any
Federal or tribal lands. The proposed non-project use would be located
on Hamilton Lake near the town of Hot Springs in Garland County,
Arkansas.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Blake Hogue, Lakes and Property Coordinator,
Hydro Operations, Entergy Arkansas, Inc., 141 West County Line Road,
Malvern, AR 72104. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Lorance Yates at<PHONE_NUMBER>, or by e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: February 13, 2006.
    k. Description of the Application: The project licensee requests
Commission authorization to permit Mr. James Halsey of El Dorado,
Arkansas to install a 22-boatslip multi-family dock complex with
associated boardwalks to be built on piling on Lake Hamilton. The dock
facilities would be used by residents in a new multi-family housing
development known as Grand Pointe View Condominiums.
    l. Location of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to

be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>or for TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
(h) above.
    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,
385.211, 385.214. 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 Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers (P-271-085). All documents (original and eight
copies) should be filed with: Magalie R. Salas, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington DC
20426. A copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests, and interventions may be filed
electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. E6-554 Filed 1-18-06; 8:45 am]

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