[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Rules and Regulations]
[Pages 23879-23882]
[FR Doc No: 2011-10323]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0729; FRL-9299-7]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Removal of Vehicle Inspection and Maintenance Programs for
Clark and Floyd Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a State Implementation
Plan (SIP) revision submitted by the State of Indiana to allow the
State to discontinue the vehicle inspection and maintenance (I/M)
program in Clark and Floyd Counties, IN, the Indiana portion of the
Louisville (IN-KY) 1997 8-hour ozone area. The revision specifically
provides that I/M program regulations be removed from the active
control measures portion of the SIP. The regulations will remain in the
contingency measures portion of the Clark and Floyd Counties ozone
maintenance plans. EPA is approving Indiana's request because the State
has demonstrated that discontinuing the I/M program in Clark and Floyd
Counties will not interfere with the attainment and maintenance of the
8-hour ozone National Ambient Air Quality Standard (NAAQS) or with the
attainment and maintenance of other air quality standards and
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on May 31, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2009-0729. All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly-available only in hard copy. Publicly-available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Francisco J. Acevedo at (312)
886-6061 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?

II. What is our response to comments received on the notice of
proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Clark and Floyd Counties were originally required to implement a
``basic'' I/M program under section 182(b)(4) of the CAA because they
had been designated as part of the Louisville moderate 1-hour ozone
nonattainment area. In order to maximize the emissions reductions from
the I/M program, IDEM chose to implement an ``enhanced'' program in
those areas and incorporated an on-board diagnostic (OBD) component
into the program. EPA fully approved Indiana's I/M program on March 19,
1996 (61 FR 11142). The enhanced I/M program began operation in 1997,
to help meet nonattainment area requirements for the ozone NAAQS
effective at the time. The Louisville 1-hour ozone nonattainment area
was redesignated to attainment for that standard on October 23, 2001
(66 FR 53665).
    Subsequently, Clark and Floyd Counties were designated as a portion
of the IN-KY Louisville nonattainment area for the 1997 8-hour ozone
NAAQS. On November 15, 2006, IDEM submitted a request to redesignate
the Indiana portion of the Louisville nonattainment area to attainment
for the 8-hour NAAQS, and for EPA approval of a 14-year maintenance
plan for Clark and Floyd Counties. At the same time, IDEM requested EPA
approval to terminate the I/M program in these counties. EPA approved
the redesignation and maintenance plan for Clark and Floyd Counties on
July 19, 2007 (72 FR 39571). The approved maintenance plan shows that
control measures in place in this area are sufficient for overall
emissions to remain beneath the attainment level of emissions until the
end of the maintenance period, even without operation of I/M. In
addition, the conformity budget in the maintenance plan reflects mobile
source emissions without I/M in future years, and the maintenance plan
demonstrates that the applicable standard will continue to be met
without I/M. See 72 FR 26057, 26064-26065 (May 8, 2007).
    In accordance with the CAA and EPA redesignation guidance, states
are free to adjust control strategies in the maintenance plan as long
as they can demonstrate that the revision will not interfere with
attainment or maintenance of the NAAQS, or any other CAA requirements.
See CAA sections 175A and 110(l). With such a demonstration of
noninterference with attainment or other applicable requirements,
control programs may be discontinued and removed from the SIP. However,
section 175A(d) of the CAA requires that contingency measures in the
maintenance plan include all measures in the SIP for the area before
that area was redesignated to attainment. Since the I/M program was
approved into the SIP prior to redesignation to attainment for ozone,
the I/M program must be included in the contingency portion of the
ozone maintenance plan as required by section 175A(d).
    The SIP revision submitted by IDEM for Clark and Floyd Counties
included a 110(l) demonstration that addressed all applicable
requirements and a request that the Indiana I/M program in Clark and
Floyd Counties be moved from the active control measures portion of the
SIP to the contingency measures portion of the Clark and Floyd Counties
1997 8-Hour Ozone Maintenance Plan.
    On January 12, 2011, EPA proposed to approve Indiana's request to
discontinue operation of the I/M program in Clark and Floyd Counties
(76 FR 2066). As noted in the proposal, in order to finalize this
rulemaking EPA needed to complete rulemaking on a determination of
attainment for PM2.5 for the Louisville area. EPA has
subsequently published a final action determining that this area is
attaining the PM2.5 NAAQS, published on March 9, 2011, at 76
FR 12860.

II. What is our response to comments received on the notice of proposed
rulemaking?

    The public comment period for EPA's proposal to approve Indiana's
request closed on February 11, 2011. EPA received two comments. Those
comments and EPA's responses follow:
    Comment: ``The notice of the proposed rule does not state that EPA
conducted a modeling analysis to demonstrate that removal of the I/M
program will not interfere with maintenance or attainment of the new 1-
hour NOX [sic] NAAQS. It likely will. Therefore, EPA cannot
approve this SIP modification without a quantitative analysis of its
impacts on the 1-hour NOX [sic] NAAQS.''
    Response: In its notice of proposed rulemaking, EPA noted that the
area is designated attainment for nitrogen dioxide (NO2)
(addressing air quality for the annual standard) and that EPA has ``no
reason to believe that discontinuation of the I/M program in Clark and
Floyd Counties has caused or will cause the Louisville area to become
nonattainment'' for NO2 or other criteria pollutants. The
commenter offered no data or supporting information on whether
discontinuation of the I/M program would likely interfere with
attainment or maintenance of the 1-hour NO2 NAAQS. In
response to this comment, EPA further examined air quality data as part
of an assessment of whether the discontinuation of the I/M program has
interfered or might interfere with attainment or maintenance of the 1-
hour NO2 air quality.
    No NO2 air quality monitors are currently located in
Clark or Floyd Counties in Indiana. However, as noted above, Clark and
Floyd Counties were included in the IN-KY Louisville nonattainment area
for the 1997 8-hour ozone NAAQS, and air quality data are collected
nearby in Louisville, Kentucky (at site number 21-111-1021). Since
Louisville is more urbanized and is also a higher traffic area than
Clark and Floyd Counties, these air quality data provide a conservative
representation of air quality in Clark and Floyd Counties for
NO2. Furthermore, the impact of mobile sources is declining
as newer cleaner vehicles replace older dirtier vehicles. Accordingly,
the impact of discontinuing the I/M program in Clark and Floyd Counties
is expected to decline in the future as well. For the most recent 3-
year period with certified, quality assured data (2007 to 2009), the
design value (i.e., the NO2 concentration computed for
comparison to the 1-hour standard) for this site was 53 parts per
billion, well below the standard of 100 parts per billion.
    These three years are a period when the I/M program both in
Louisville and in Clark and Floyd Counties had been discontinued.
Therefore, the air quality data from this period (and mobile source
emission trends) provide a basis for concluding that the
discontinuation of the I/M program has not interfered and will not
interfere with attainment and maintenance of the 1-hour NO2
standard. While the commenter did not address the annual average
NO2 standard, the annual average design value for the
Louisville site is 14 parts per billion, well below the 53 parts per
billion standard; thus EPA also finds that the discontinuation of the
I/M program has not interfered and will not interfere with attainment
and maintenance of the annual average NO2 standard.
    Comment: ``From my point of view, these plans are good in different
perspectives because the good is that it could help the state to cut
down the budget for the two counties in I/M program as it doesn't
involve equipment and technologies to maintain it while

the bad thing is that the emission could destroy the ozone layer and
harm people's health which is worse because people get sick and people
that own the cars neglect to have their cars inspected as they don't
have people to warn and check them so it has both pros and cons.
    Even though, they keep the program as an emergency plan but for the
best interest of the people or to prevent global warming, the state or
EPA should study thoroughly about the advantages and disadvantages of
the plans in order to prevent bad things from happening in the future.
Although, it could help to save money but it could not save human's
life when something bad happens. So for the best interest, it would be
better not to remove the program but keep it to check once in a while
or issue the people in those two counties a letter to have their cars
inspected regularly according to state's law in order to make them
alert and be aware of their vehicle's problem.''
    Response: EPA recognizes that there would be advantages as well as
disadvantages to continuing to operate the I/M program in Clark and
Floyd Counties. However, at issue in this rulemaking is whether
discontinuation would be consistent with CAA provisions, including
whether discontinuation might interfere with attainment and maintenance
of air quality standards and whether other criteria for discontinuation
of programs have been met. EPA notes that the NAAQS are required by the
CAA to be set to protect public health with an adequate margin of
safety, and that EPA is finding that approval of this revision will not
interfere with attainment or maintenance of the NAAQS. EPA believes
that the applicable criteria for discontinuation of the I/M program in
Clark and Floyd Counties have been met and therefore the revision
should be approved.

III. What action is EPA taking?

    EPA is taking final action to approve Indiana's demonstration that
eliminating the I/M program in Clark and Floyd Counties will not
interfere with the attainment and maintenance of the ozone NAAQS or
with the attainment and maintenance of other air quality standards and
requirements of the CAA. We are further approving Indiana's request to
modify the SIP such that I/M is no longer an active program in Clark
and Floyd Counties and is instead a contingency measure in the area's
maintenance plan.
    For the reasons stated in the proposed notice, EPA believes that
Indiana has satisfied the requirements for discontinuing I/M in Clark
and Floyd Counties.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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 June 28, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Particulate matter, Volatile organic compounds.

    Dated: April 20, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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 P--Indiana

0
2. Section 52.777 is amended by adding paragraph (rr) to read as
follows:

Sec.  52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (rr) Approval--EPA is approving a request submitted by the State of
Indiana on October 10, 2006, and supplemented on November 15, 2006,

November 29, 2007, November 25, 2008, April 23, 2010 and November 19,
2010, to discontinue the vehicle inspection and maintenance (I/M)
program in Clark and Floyd Counties. The submittal also includes
Indiana's demonstration that eliminating the I/M programs in Clark and
Floyd Counties will not interfere with the attainment and maintenance
of the ozone NAAQS and the fine particulate NAAQS and with the
attainment and maintenance of other air quality standards and
requirements of the CAA. We are further approving Indiana's request to
modify the SIP such that I/M is no longer an active program in these
areas and is instead a contingency measure in this area's maintenance
plan.

[FR Doc. 2011-10323 Filed 4-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Pages 15417-15422]
[FR Doc No: 2012-6257]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66566; File No. SR-ISE-2012-21]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to a Corporate
Transaction in Which Its Indirect Parent, SIX Swiss Exchange AG, Will
Transfer Its Indirect Ownership Interest in ISE Holdings, Inc. to a
Newly Formed Swiss Corporation, Eurex Global Derivatives AG

March 9, 2012.
    Pursuant to Section 19(b)(1) \1\ of the U.S. Securities Exchange
Act of 1934, as amended (``Exchange Act''), and Rule 19b-4
thereunder,\2\ notice is hereby given that on March 8, 2012,
International Securities Exchange, LLC (``Exchange'' or ``ISE'') filed
with the U.S. Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to (i) make changes to its corporate
structure in connection with the transfer of SIX Swiss Exchange AG's
(``SIX'') 50% indirect ownership interest of International Securities
Exchange Holdings, Inc. (``ISE Holdings'') to a

newly formed Swiss corporation, Eurex Global Derivatives AG (``EGD''),
which will become a wholly-owned subsidiary of Deutsche B[ouml]rse AG
(``Deutsche B[ouml]rse''), effectively granting Deutsche B[ouml]rse a
100% indirect ownership interest in ISE Holdings and, in turn, the
Exchange (the ``Transaction''), (ii) amend and restate the Amended and
Restated Trust Agreement (``Trust''), (iii) file the form of EGD
Corporate Resolution (``Resolution''), (iv) file the form of Agreement
and Consent by and between EGD and Eurex Z[uuml]rich AG (``Eurex
Z[uuml]rich'') (``Agreement and Consent''), and (v) amend and restate
the Amended and Restated Bylaws of ISE Holdings (``Bylaws''). The text
of the proposed rule change is available on the Exchange's Web site
www.ise.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange has included
statements concerning the purpose of, and basis for, the Proposed Rule
Change. The text of these statements may be examined at the places
specified in Item IV below. The Exchange has prepared summaries, set
forth in Sections A, B, and C below, of the most significant aspects of
such statements.

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

1. Purpose
    The Exchange proposes to (i) make changes to its corporate
structure in connection with the Transaction, (ii) amend and restate
the Trust, (iii) file the form of Resolution, (iv) file the form of
Agreement and Consent, and (v) amend and restate the Bylaws.
Background
    On December 17, 2007, ISE Holdings, the direct parent of the
Exchange, became a direct wholly-owned subsidiary of U.S. Exchange
Holdings, Inc. (``U.S. Exchange Holdings''), which, in turn, is a
wholly-owned subsidiary of Eurex Frankfurt AG (``Eurex Frankfurt'').\3\
Eurex Frankfurt is a wholly-owned subsidiary of Eurex Z[uuml]rich,
which, in turn, is jointly owned by Deutsche B[ouml]rse and SIX. SIX is
owned by SIX Group AG (``SIX Group'').
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    \3\ See Securities and Exchange Act Release No. 56955 (December
13, 2007); 72 FR 71979 (December 19, 2007) (SR-ISE-2007-101).
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    On December 23, 2008, the Exchange merged the ISE Stock Exchange,
LLC, with and into Maple Merger Sub, LLC, a wholly-owned subsidiary of
Direct Edge Holdings LLC (``Direct Edge'').\4\ As part of the same
transaction, ISE Holdings purchased a 31.54% equity interest in Direct
Edge.
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    \4\ See Securities and Exchange Act Release No. 59135 (December
22, 2008); 73 FR 79954 (December 30, 2008) (SR-ISE-2008-85).
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    On May 7, 2009, Direct Edge's direct subsidiaries, EDGA Exchange,
Inc. (``EDGA'') and EDGX Exchange, Inc. (``EDGX''), each filed a Form 1
Application with the Commission, to own and operate a registered
national securities exchange.\5\ On March 12, 2010, the Commission
granted the Form 1 exchange registration applications of EDGA and
EDGX.\6\ EDGA and EDGX will be separately filing a proposed rule change
in connection with the Transaction that will be substantially the same
as the Exchange's proposed rule change.
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    \5\ See Securities and Exchange Act Release No. 60651 (September
11, 2009); 74 FR 47827 (September 17, 2009) (File Nos. 10-193 and
10-194).
    \6\ See Securities and Exchange Act Release No. 61698 (March 12,
2010); 75 FR 13151 (March 18, 2010) (approving File Nos. 10-194 and
10-196).
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    On June 7, 2011, Deutsche B[ouml]rse, SIX Group, and SIX signed a
definitive agreement for the Transaction, which would give Deutsche
B[ouml]rse a 100% indirect ownership interest in the currently jointly-
owned Eurex Z[uuml]rich. Deutsche B[ouml]rse currently has a 50% direct
ownership interest in Eurex Z[uuml]rich, and, after the Transaction
closes, Deutsche B[ouml]rse will have a 100% direct ownership interest
in EGD, which will have a 50% direct ownership interest in Eurex
Z[uuml]rich.\7\ Accordingly, SIX and SIX Group will no longer have an
indirect ownership interest in the Exchange, EDGA, or EDGX. Therefore,
the Exchange is proposing to take the following actions with respect to
the Trust, the Resolution, the Bylaws, all of which were previously
approved by the Commission, and the Agreement and Consent, to reflect
the ownership changes proposed by the Transaction.
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    \7\ ISE Holdings will continue to be the sole member of the
Exchange.
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    EGD acknowledges that, to the extent it becomes aware of possible
violations of the rules of the Exchange or the Securities Exchange Act
of 1934 (``Exchange Act''), it will be responsible for referring such
possible violations to the Exchange. In addition, EGD will become a
party to an agreement among Deutsche B[ouml]rse, Eurex Frankfurt, Eurex
Z[uuml]rich, SIX, SIX Group, U.S. Exchange Holdings, ISE Holdings, and
the Exchange to provide for adequate funding for the Exchange's
regulatory responsibilities, and, following consummation of the
Transaction, SIX and SIX Group will no longer be parties to such
agreement.
Trust
    The Exchange proposes to amend certain provisions of the Trust in
connection with the Transaction. The Trust serves four general
purposes: (i) to accept, hold and dispose of Trust Shares \8\ on the
terms and subject to the conditions set forth therein; (ii) to
determine whether a Material Compliance Event \9\ has occurred or is
continuing; (iii) to determine whether the occurrence and continuation
of a Material Compliance Event requires the exercise of the Call
Option; \10\ and (iv) to transfer Deposited Shares from the Trust to
the Trust Beneficiary \11\ as provided in Section 4.2(h) therein.
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    \8\ Under the Trust, the term ``Trust Shares'' means either
Excess Shares or Deposited Shares, or both, as the case may be. The
term ``Excess Shares'' means that a Person obtained an ownership or
voting interest in ISE Holdings in excess of certain ownership and
voting restrictions pursuant to Article FOURTH of the Amended and
Restated Certificate of Incorporation of ISE Holdings (the
``Certificate''), through, for example, ownership of one of the non-
U.S. Upstream Owners or U.S. Exchange Holdings, without obtaining
the approval of the Commission. The term ``Deposited Shares'' means
shares that are transferred to the Trust pursuant to the Trust's
exercise of the Call Option.
    \9\ Under the Trust, the term ``Material Compliance Event''
means, with respect to a non-U.S. Upstream Owner, any state of
facts, development, event, circumstance, condition, occurrence, or
effect that results in the failure of any of the non-U.S. Upstream
Owners to adhere to their respective commitments under the
resolutions in any material respect.
    \10\ Under the Trust, the term ``Call Option'' means the option
granted by the Trust Beneficiary to the Trust to call the Voting
Shares as set forth in Section 4.2 therein.
    \11\ Under the Trust, the term ``Trust Beneficiary'' means U.S.
Exchange Holdings.
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    Accordingly, the Exchange proposes to update the recitals of the
Trust, remove references to SIX and SIX Group from the definition of
``Affected Affiliate'' in Section 1.1 of the Trust, add a reference to
EGD in the definition of ``Affected Affiliate'' in Section 1.1 of the
Trust, remove SIX's address from the notice provisions in Section 8.8
of the Trust, and add EGD's address to the notice provisions in Section
8.8 of the Trust. The Exchange also proposes to correct several
typographical errors in the Trust.
Resolution
    Each of Deutsche B[ouml]rse, Eurex Frankfurt, Eurex Z[uuml]rich,
SIX, and SIX Group (the ``non-U.S. Upstream Owners'') have taken
appropriate steps

to incorporate provisions regarding ownership, jurisdiction, books and
records, and other issues related to their control of the Exchange,
EDGA, and EDGX. Specifically, each of the non-U.S. Upstream Owners have
adopted resolutions, which were previously approved by the Commission,
to incorporate these concepts with respect to itself, as well as its
board members, officers, employees, and agents (as applicable).
Accordingly, EGD as a 50% owner of Eurex Z[uuml]rich, and thus a ``non-
U.S. Upstream Owner,'' will adopt the Resolution to incorporate
provisions regarding ownership, jurisdiction, books and records, and
other issues related to its control of the Exchange, EDGA, and EDGX,
with respect to itself, as well as to its board members, officers,
employees, and agents (as applicable).\12\
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    \12\ The form of Resolution is substantially similar to the
resolutions previously adopted by each of the non-U.S. Upstream
Owners. The form of Resolution differs from the resolutions
previously adopted by each of the non-U.S. Upstream Owners in that
the Resolution would explicitly reference EDGA and EDGX, and the
FINMA procedure would allow EGD to provide information relating to
the activities of the Exchange, EDGA, or EDGX to the Commission
through Eurex Z[uuml]rich, which will provide such information to
FINMA, whereas the resolutions previously adopted by each of the
non-U.S. Upstream Owners incorporated EDGA and EDGX by reference,
and the FINMA procedure allows SIX, SIX Group, and Eurex Z[uuml]rich
to provide information relating to the activities of the Exchange,
EDGA, and EDGX to the Commission directly through FINMA. See supra
note 4.
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    The Resolution would provide that EGD shall comply with the U.S.
federal securities laws and the rules and regulations thereunder and
shall cooperate with the Commission and with the Exchange, EDGA, and
EDGX. In addition, the Resolution would provide that the board members,
including each person who becomes a board member, would so consent to
comply and cooperate and EGD would take reasonable steps to cause its
officers, employees, and agents to also comply and cooperate.
    The Resolution would also provide that, where necessitated by Swiss
law, EGD will provide information related to the activities of the
Exchange, EDGA, or EDGX, including books and records of EGD related to
the activities of the Exchange, EDGA, or EDGX, to the Commission
promptly, through Eurex Z[uuml]rich, which will, in turn, provide such
information to the Swiss Financial Market Supervisory Authority FINMA
(``FINMA''), which will provide such information to the Commission.\13\
Moreover, oral exchanges between EGD and the Commission related to the
activities of the Exchange, EDGA, or EDGX will include, at all times,
the participation of Eurex Z[uuml]rich and FINMA, through its oversight
of Eurex Z[uuml]rich as a regulated legal entity, where necessitated by
Swiss law. These procedures collectively are referred to as the ``FINMA
procedure.'' The Exchange notes that the transmission of information
between EGD and Eurex Z[uuml]rich is dealt with in the Agreement and
Consent.
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    \13\ Due to EGD's status as an unregulated Swiss corporation,
FINMA cannot directly compel EGD to produce such information. As
such, it is necessary to include Eurex Z[uuml]rich (which is
regulated by FINMA) as an additional conduit in the FINMA procedure.
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    Swiss law designed to protect Swiss sovereignty raises concerns
about the ability of EGD to provide the Commission with direct access
to information, including books and records, related to the activities
of the Exchange, EDGA, or EDGX.\14\ In order not to run afoul of Swiss
law, the Commission and FINMA have developed the FINMA procedure under
which FINMA undertakes to serve as a conduit for unfiltered delivery of
books and records of EGD related to the activities of the Exchange,
EDGA, or EDGX.\15\
---------------------------------------------------------------------------

    \14\ See Art. 271 of Swiss Criminal Code.
    \15\ Application of the FINMA procedure would be limited to
issues arising in the context of the Transaction and the
Commission's oversight of the Exchange, EDGA, and EDGX. Information-
sharing and cooperation between the Commission and FINMA in
securities enforcement matters will continue to be governed by the
letters of cooperation between the Commission and FINMA.
---------------------------------------------------------------------------

    Notwithstanding the FINMA procedure, EGD would remain fully
responsible for meeting all of its obligations as an owner of the
Exchange, EDGA, or EDGX. The Exchange notes that if EGD does not comply
with the FINMA procedure, such noncompliance may trigger a Material
Compliance Event and the exercise of the Call Option under the
Trust.\16\
---------------------------------------------------------------------------

    \16\ See supra notes 7 and 8.
---------------------------------------------------------------------------

    The Resolution will provide that, to the extent that EGD is
involved in the activities of the Exchange, EDGA, or EDGX, it will be
deemed to irrevocably submit to the jurisdiction of the United States
federal courts and the Commission for the purposes of any suit, action
or proceeding pursuant to the United States federal securities laws,
and the rules or regulations thereunder, commenced or initiated by the
Commission arising out of, or relating to, the activities of the
Exchange, EDGA, or EDGX (and will be deemed to agree that (i) ISE
Holdings may serve as the U.S. agent for purposes of service of process
in such suit, action or proceeding with respect to the Exchange; and
(ii) Direct Edge may serve as the U.S. agent for purposes of service of
process in such suit, action or proceeding with respect to EDGA or
EDGX), and will be deemed to waive, and agree not to assert by way of
motion, as a defense or otherwise in any such suit, action or
proceeding, any claims that it is not personally subject to the
jurisdiction of the Commission, that such suit, action or proceeding is
an inconvenient forum or that the venue of such suit, action or
proceeding is improper, or that the subject matter thereof may not be
enforced in or by such courts or agency.
    In addition, the Resolution will provide that for so long as EGD
directly or indirectly controls the Exchange, EDGA, or EDGX: (a) The
books, records, officers, directors (or equivalent) and employees of
EGD will be deemed to be the books, records, officers, directors and
employees of the Exchange, EDGA, or EDGX for purposes of and subject to
oversight pursuant to the Exchange Act to the extent that such books
and records are related to, or such officers, directors (or equivalent)
and employees are involved in, the activities of the Exchange, EDGA, or
EDGX; and (b) EGD's books and records related to the activities of the
Exchange, EDGA, or EDGX will at all times be made available for
inspection and copying by the Commission, the Exchange, EDGA, or EDGX
subject, where necessitated by Swiss law, to the FINMA procedure.
    Additionally, the Resolution would provide that EGD shall, to the
extent it is involved in the activities of the Exchange, EDGA, or EDGX,
give due regard to the preservation of the independence of the self-
regulatory function of the Exchange, EDGA, and EDGX and to their
respective obligations to investors and the general public, and shall
not take any actions that would interfere with the effectuation of any
decisions by the board of directors of the Exchange, EDGA, or EDGX
relating to their respective regulatory responsibilities (including
enforcement and disciplinary matters) or that would interfere with the
ability of the Exchange, EDGA, or EDGX to carry out their respective
responsibilities under the Exchange Act. The Resolution also would
provide that the EGD board members, including each person who becomes a
board member, would consent to the requirements and that EGD would take
reasonable steps to cause its officers and employees to agree to the
requirements.
    Furthermore, the Resolution would provide that, to the fullest
extent permitted by applicable law, all confidential information that
shall come into the possession of EGD pertaining to the self-regulatory
function of the

Exchange, EDGA, or EDGX contained in the books and records of the
Exchange, EDGA, or EDGX shall: (a) Not be made available to any persons
other than to those officers, directors (or equivalent), employees and
agents of EGD that have a reasonable need to know the contents thereof;
(b) be retained in confidence by EGD and the officers, directors (or
equivalent), employees, and agents of EGD; and (c) not be used for any
commercial purposes. In addition, the Resolution would provide that the
terms regarding such confidential information shall not be interpreted
so as to limit or impede: (i) the rights of the Commission, the
Exchange, EDGA, or EDGX to have access to and examine such confidential
information pursuant to the U.S. federal securities laws and the rules
and regulations thereunder; or (ii) the ability of any officers,
directors, employees, or agents of EGD to disclose such confidential
information to the Commission, the Exchange, EDGA, or EDGX subject,
where necessitated by Swiss law, to the FINMA procedure. The Resolution
would also provide that the EGD board members, including each person
who becomes a board member, would consent to these requirements
regarding confidential information and that EGD would take reasonable
steps to cause its officers, employees, and agents to agree to the
requirements.
    The Resolution would provide that the board members of EGD would,
in discharging his or her responsibilities, to the extent such board
member is involved in the activities of the Exchange, EDGA, or EDGX and
to the fullest extent permitted by applicable law, take into
consideration the effect that EGD's actions would have on the ability
of: (a) The Exchange, EDGA, and EDGX to carry out their respective
responsibilities under the Exchange Act; and (b) the Exchange, EDGA,
EDGX, and EGD: (i) To engage in conduct that fosters and does not
interfere with the ability of the Exchange, EDGA, EDGX, or EGD to
prevent fraudulent and manipulative acts and practices in the
securities markets; (ii) to promote just and equitable principles of
trade in the securities markets; (iii) to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities; (iv) to remove impediments to and perfect the mechanisms
of a free and open market in securities and a U.S. national securities
market system; and (v) in general, to protect investors and the public
interest.
    Finally, the Resolution will provide that EGD will provide
notification of certain ownership levels and that EGD will take
reasonable steps to cause ISE Holdings and Direct Edge to be in
compliance with their respective ownership limits and voting limits.
The Resolution would provide that before any amendment to or repeal of
any provision of the Resolution, the Agreement and Consent, or any
action by EGD that would have the effect of amending or repealing any
provision of the Resolution or the Agreement and Consent becomes
effective, it must be submitted to the board of directors of the
Exchange, EDGA, and EDGX, and, if it must be filed with, or filed with
and approved by, the Commission before it may become effective, under
Section 19 of the Exchange Act and the rules promulgated thereunder,
then it will not become effective until filed with, or filed with and
approved by, the Commission, as the case may be.
Agreement and Consent
    EGD will also sign an Agreement and Consent with Eurex Z[uuml]rich
establishing the FINMA procedure, which will ensure that EGD will (1)
cooperate with the Commission, the Exchange, EDGA, and EDGX; (2) comply
with U.S. federal securities laws; (3) comply with the inspection and
copying of EGD's books and records; (4) agree that EGD's books,
records, officers, directors and employees be deemed to be those of the
Exchange, EDGA, or EDGX; (5) maintain confidentiality of information
pertaining to the self-regulatory function of the Exchange, EDGA, or
EDGX; (6) preserve the independence of the self-regulatory function of
the Exchange, EDGA, and EDGX; (7) take reasonable steps to cause EGD's
officers, directors and employees to consent to the applicability to
him or her of the Resolution; and (8) take reasonable steps to cause
EGD's agents to cooperate with the Commission, the Exchange, EDGA, or
EDGX. The form of the Agreement and Consent is attached hereto as
Exhibit 5C.
    Finally, the Agreement and Consent would provide that before any
amendment to or repeal of any provision of the Agreement and Consent or
any action by EGD that would have the effect of amending or repealing
any provision of the Agreement and Consent becomes effective, it must
be submitted to the board of directors of the Exchange, EDGA, and EDGX,
and, if it must be filed with, or filed with and approved by, the
Commission before it may become effective, under Section 19 of the
Exchange Act and the rules promulgated thereunder, then it will not
become effective until filed with, or filed with and approved by, the
Commission, as the case may be.

Bylaws \17\
---------------------------------------------------------------------------

    \17\ On January 17, 2012, the Commission approved a proposed
rule change by the Exchange relating to a corporate transaction in
which Deutsche B[ouml]rse and NYSE Euronext would become
subsidiaries of Alpha Beta Netherlands Holding N.V. (the
``Combination''). See Securities Exchange Act Release No. 66171
(January 17, 2012), 77 FR 3297 (January 23, 2012) (SR-ISE-2011-69).
As part of that proposed rule change, the Exchange submitted
proposed amendments to the Bylaws. The Commission's approval was
conditioned on the Combination being consummated. The Combination
was not consummated and, therefore, the proposed rule change,
including the proposed amendments to the Bylaws, did not become
effective.
---------------------------------------------------------------------------

    The Certificate currently restricts any person, either alone or
together with its related persons, from having voting control, either
directly or indirectly, over more than 20% of the outstanding capital
stock of ISE Holdings and from directly or indirectly owning of record
or beneficially more than 40% of the outstanding capital stock of ISE
Holdings (or in the case of any Exchange member, acting alone or
together with its related persons, from directly or indirectly owning
of record or beneficially more than 20% of the outstanding capital
stock of ISE Holdings).\18\ If a person were to obtain a voting or
ownership interest in excess of the voting or ownership restrictions
without obtaining the approval of the Commission, the shares of ISE
Holdings would automatically transfer to the Trust. The Certificate and
the Bylaws provide that the board of directors of ISE Holdings may
waive these voting and ownership restrictions in an amendment to the
Bylaws if it makes certain findings and the amendment to the Bylaws has
been filed with, and approved by, the Commission under Section 19(b) of
the Exchange Act.\19\
---------------------------------------------------------------------------

    \18\ See Certificate, Article FOURTH, Section III.
    \19\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

    Acting pursuant to this waiver provision, the board of directors of
ISE Holdings has approved the amendment to the Bylaws set forth in
Exhibit 5D (the ``Bylaws Amendment'') in order to permit EGD to
indirectly own 50% of the outstanding common stock of ISE Holdings as
of and after consummation of the Transaction. In adopting such
amendment, the board of directors of ISE Holdings made the necessary
determinations and approved the submission of the proposed rule change
to the Commission. The Exchange will continue to operate and regulate
its market and members exactly as it has done prior to the Transaction.
In addition, the Transaction will not impair the ability of ISE
Holdings, the Exchange, EDGA, EDGX, or any facility thereof, to carry
out their respective functions and responsibilities under the

Exchange Act. Moreover, the Transaction will not impair the ability of
the Commission to enforce the Exchange Act. The Exchange will operate
in the same manner following the Transaction as it operates today.
Thus, the Commission will continue to have plenary regulatory authority
over the Exchange, as is the case currently with the Exchange. The ISE
Holdings board of directors also determined that ownership of ISE
Holdings by EGD is in the best interests of ISE Holdings, its
shareholders, the Exchange, EDGA, and EDGX. In addition, neither EGD,
nor any of its related persons, is (1) an ISE Member; (2) an EDGA
Member; (3) an EDGX Member; or (4) subject to any ``statutory
disqualification.'' The Exchange is requesting approval by the
Commission of the Bylaws Amendment in order to allow the Transaction to
take place.
2. Statutory Basis
    The Exchange believes that this filing is consistent with Section
6(b) \20\ of the Exchange Act in general, and furthers the objectives
of Section 6(b)(1) \21\ in particular, in that it enables the Exchange
to be so organized as to have the capacity to be able to carry out the
purposes of the Exchange Act and to comply, and to enforce compliance
by its exchange members and persons associated with its exchange
members, with the provisions of the Exchange Act, the rules and
regulations thereunder, and the rules of the Exchange. Moreover, the
Transaction will not impair the ability of the Commission to enforce
the Exchange Act. The Exchange will operate in the same manner
following the Transaction as it operates today. Thus, the Commission
will continue to have plenary regulatory authority over the Exchange,
as is the case currently with the Exchange. The proposed rule change is
consistent with and will facilitate an ownership structure that will
continue to provide the Commission with appropriate oversight tools to
ensure that the Commission will have the ability to enforce the
Exchange Act with respect to the Exchange, its direct and indirect
parents, and EGD, including its directors, officers, employees and
agents to the extent they are involved in the activities of the
Exchange.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The Exchange also believes that this filing furthers the objectives
of Section 6(b)(5) \22\ of the Exchange Act because the proposed rule
change summarized herein would be consistent with and facilitate a
governance and regulatory structure that is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. Specifically, the Exchange
believes that the proposed rule change will provide the Commission and
the Exchange with access to necessary information that will allow the
Exchange to efficiently and effectively enforce compliance with the
Exchange Act, as well as allow the Commission to provide proper
oversight, which will ultimately promote just and equitable principles
of trade and protect investors. In addition, the Exchange believes the
proposed rule change will preserve the independence of the Exchange's
self-regulatory function and ensure that the Exchange will be able to
obtain any information it needs in order to detect and deter any
fraudulent and manipulative acts in its marketplace and carry out its
regulatory responsibilities under the Exchange Act.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Finally, the Exchange is not proposing any changes to the
Exchange's operational or trading structure in connection with the
Transaction. Instead, the Exchange represents that the proposed rule
change consists of administrative amendments to ISE Holding's corporate
documents and the Resolution and the Agreement and Consent relating to
EGD. The Trust, the Resolution, and the Bylaws are similar to corporate
documents that were previously approved by the Commission.\23\
---------------------------------------------------------------------------

    \23\ See supra notes 1 and 2.
---------------------------------------------------------------------------

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

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

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2012-21 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-21. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official

business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2012-21 and should be submitted on or before April
5, 2012.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-6257 Filed 3-14-12; 8:45 a.m.]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Proposed Rules]
[Page 36716]
[FR Doc No: 2013-14630]

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

40 CFR Part 49

[EPA-R09-OAR-2013-0009; FRL-9825-3]

Approval of Air Quality Implementation Plans; Navajo Nation;
Regional Haze Requirements for Navajo Generating Station; Notice of
Intent To Hold Public Hearings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to hold public hearings.

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

SUMMARY: On February 5, 2013, EPA proposed a Best Available Retrofit
Technology (BART) determination for emissions of oxides of nitrogen
(NOX) from the Navajo Generating Station (NGS), located on
the Navajo Nation. EPA provided a three-month period for public
comments, to close on May 6, 2013. The Navajo Nation, Gila River Indian
Community, and other affected stakeholders requested a 90-day extension
of the comment period to allow time for stakeholders to develop an
alternative to EPA's proposed BART determination that achieves greater
reasonable progress. On March 19, 2013, EPA extended the close of the
public comment period to August 5, 2013. EPA is providing notice of our
intent to hold five public hearings to accept written and oral comments
on the proposed BART determination for NGS.

DATES: EPA will announce dates and locations for the public hearings at
a later time in the Federal Register, on our Web site, and in the
docket for this proposed rulemaking.\1\ Comments on the proposed BART
determination for NGS must be postmarked no later than August 5, 2013.
---------------------------------------------------------------------------

    \1\ See http://www.epa.gov/region9/air/navajo/index.html#proposed and http://www.regulations.gov/#!docketDetail;D=EPA-R09-OAR-2013-0009.

ADDRESSES: The public hearings will be held at various locations in
Indian country and in the state of Arizona. Please see the section on
---------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION for more details.

FOR FURTHER INFORMATION CONTACT: Anita Lee, EPA Region 9, (415) 972-
3958<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA intends to hold public hearings at one
location each on the Navajo Reservation, on the Hopi Reservation, and
in Page, Phoenix, and Tucson, Arizona. These hearings will provide
interested parties the opportunity to present facts, views, or
arguments concerning the proposed rule requiring NGS to meet emission
limits for NOX, required under the BART provision of the
Regional Haze Rule, in order to reduce visibility impairment resulting
from NGS at 11 National Parks and Wilderness Areas.
    Written statements and supporting information submitted during the
comment period will be considered with the same weight as any oral
comments and supporting information presented at the public hearing.
Written comments must be postmarked on or before the last day of the
comment period, August 5, 2013.
    If you are unable to attend the hearing but wish to submit comments
on the proposed rule, you may submit comments, identified by docket
number EPA-R09-OAR-2013-0009, by one of the following methods:
    (1) Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    (2) Email<EMAIL_ADDRESS>    (3) Mail or deliver: Anita Lee (Air-2), U.S. Environmental
Protection Agency Region 9, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    For more detailed instructions concerning how to submit comments on
this proposed rule, and for more information on our proposed rule,
please see the notice of proposed rulemaking, published in the Federal
Register on February 5, 2013 (78 FR 8274).

List of Subjects in 40 CFR Part 49

    Environmental protection, Air pollution control, Indians,
Intergovernmental relations, Nitrogen dioxide.

    Dated: June 10, 2013.
Deborah Jordan,
Air Division Director, Region 9.
[FR Doc. 2013-14630 Filed 6-18-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Rules and Regulations]
[Pages 56971-56973]
[FR Doc No: 2011-23187]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30802; Amdt. No. 3443]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 15, 2011. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 15, 2011.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs are available online free of charge. Visit nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register

expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on September 2, 2011.
Ray Towles,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
     AIRAC Date         State            City              Airport        FDC No.    FDC Date       Subject
----------------------------------------------------------------------------------------------------------------
20-Oct-11..........  GA           Waycross..........  Waycross-Ware         1/0548    8/19/11  ILS OR LOC Rwy
                                                       County.                                  18, Amdt 1
20-Oct-11..........  CA           San Diego.........  San Diego Intl...     1/0549     9/1/11  ILS OR LOC Rwy 9,
                                                                                Amdt 1B
20-Oct-11..........  GA           Waycross..........  Waycross-Ware         1/0550    8/19/11  RNAV (GPS) Rwy
                                                       County.                                  18, Orig
20-Oct-11..........  GA           Waycross..........  Waycross-Ware         1/0551    8/19/11  VOR A, Amdt 8
                                                       County.
20-Oct-11..........  GA           Atlanta...........  Altanta Rgnl          1/0605    8/19/11  ILS OR LOC Rwy
                                                       Falcon Field.                            31, Amdt 1
20-Oct-11..........  GA           Atlanta...........  Altanta Rgnl          1/0606    8/19/11  NDB Rwy 31, Amdt
                                                       Falcon Field.                            2
20-Oct-11..........  GA           Atlanta...........  Altanta Rgnl          1/0607    8/19/11  RNAV (GPS) Rwy
                                                       Falcon Field.                            31, Amdt 1A
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1056    8/19/11  ILS OR LOC Rwy
                                                       Capital.                                 22, Amdt 9
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1057    8/19/11  VOR/DME Rwy 13,
                                                       Capital.                                 Orig
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1058    8/19/11  ILS OR LOC Rwy 4,
                                                       Capital.                                 Amdt 25C
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1059    8/19/11  RNAV (GPS) Rwy
                                                       Capital.                                 13, Amdt 1
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1060    8/19/11  RADAR-1, Amdt 9
                                                       Capital.
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1062    8/19/11  RNAV (GPS) Rwy 4,
                                                       Capital.                                 Orig-A
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1063    8/19/11  RNAV (GPS) Rwy
                                                       Capital.                                 22, Orig
20-Oct-11..........  IL           Springfield.......  Abraham Lincoln       1/1105    8/19/11  VOR/DME Rwy 22,
                                                       Capital.                                 Orig
20-Oct-11..........  MN           Alexandria........  Chandler Field...     1/2495     9/1/11  ILS OR LOC Rwy
                                                                                31, Orig-B
20-Oct-11..........  CA           Santa Ana.........  John Wayne            1/2644     9/1/11  ILS OR LOC Rwy
                                                       Airport--Orange                          19R, Amdt 12
                                                       County.
20-Oct-11..........  CA           Santa Ana.........  John Wayne            1/2645     9/1/11  LOC BC Rwy 1L,
                                                       Airport--Orange                          Amdt 10B
                                                       County.
20-Oct-11..........  HI           Lihue.............  Lihue............     1/2848     9/1/11  RNAV (RNP) Z Rwy
                                                                                35, Orig
20-Oct-11..........  HI           Lihue.............  Lihue............     1/2849     9/1/11  RNAV (RNP) Z Rwy
                                                                                21, Orig
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-23187 Filed 9-14-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Rules and Regulations]
[Pages 18154-18155]
[FR Doc No: 2014-06722]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0921; Airspace Docket No. 13-AAL-4]

Modification of Class E Airspace; Sitka, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies the Class E airspace at Sitka Rocky
Gutierrez Airport, Sitka, AK. Controlled airspace is necessary to
accommodate the new Area Navigation (RNAV) Global Positioning System
(GPS) standard instrument approach procedures at the airport. This
action enhances the safety and management of aircraft operations at the
airport.

DATES: Effective date, 0901 UTC, May 29, 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: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On November 21, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish controlled airspace
at Sitka Rocky Gutierrez Airport, Sitka, AK (78 FR 69787). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraphs 6002 and
6005, respectively, of FAA Order 7400.9X, dated August 7, 2013, and
effective September 15, 2013, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in this Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by modifying Class E surface area airspace and Class E airspace
extending upward from 700 feet above the surface at Sitka Rocky
Gutierrez, AK. After review of the airspace, the FAAs Western Terminal
Products Office found modification of the airspace necessary for the
safety and management of aircraft departing and arriving under IFR
operations at the airport. The segment of Class E surface area airspace
southwest of the 4.1-mile radius of the airport is modified to 10 miles
southwest of the airport. The segment of Class E airspace extending
upward from 700 feet above the surface southwest of the 6.6-mile radius
of the airport is modified to 14 miles southwest of the airport, and
the segment northwest of the 6.6-mile radius of the airport is modified
to 29 miles northwest of the airport. The segments of controlled
airspace west and southwest of the airport are removed as they are no
longer required for aircraft arriving and departing under IFR
operations.
    The FAA has determined 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
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 discusses 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 at the Sitka Rocky Gutierrez Airport, Sitka, AK.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is

not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(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 6002 Class E airspace designated as surface areas.

* * * * *

AAL AK E2 Sitka, AK [Modified]

Sitka Rocky Gutierrez Airport, AK
    (Lat. 57[deg]02'50'' N., long. 135[deg]21'42'' W.)

    Within a 4.1 mile radius of Sitka Rocky Gutierrez Airport, and
within 3.5 miles each side of the airport 209[deg] radial extending
from the 4.1-mile radius to 10.5 miles southwest of the airport, and
within 3 miles each side of the airport 313[deg] radial extending
from the 4.1-mile radius to 11.1 miles northwest of the airport.
This Class E airspace is effective during the 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, Alaska Supplement.

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

* * * * *

AAL AK E5 Sitka, AK [Modified]

Sitka Rocky Gutierrez Airport, AK
    (Lat. 57[deg]02'50'' N., long. 135[deg]21'42'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Sitka Rocky Gutierrez Airport, and
within 4 miles each side of the airport 209[deg] radial extending
from the 6.6-mile radius to 14.5 miles south of the airport, and
within 4 miles east and 8 miles west of the airport 313[deg] radial
extending from the 6.6-mile radius to 29 miles northwest of the
airport; and that airspace extending upward from 1,200 feet above
the surface within a 40-mile radius of lat. 56[deg]51'34'' N., long.
135[deg]33'05'' W.; and that airspace extending upward from 5,500
feet MSL within an 85-mile radius of lat. 56[deg]51'34'' N., long.
135[deg]33'05'' W.; excluding that airspace that extends beyond 12
miles from the coast

    Issued in Seattle, Washington, on March 18, 2014.
Johanna Forkner,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2014-06722 Filed 3-31-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Page 62930]
[FR Doc No: 2018-26404]

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

SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934; Release No. 84689/November 29, 2018]

Order Regarding Alternative Net Capital Computation for BofAML
Securities, Inc.

    BofAML Securities, Inc. (``BofAMLS''), a broker-dealer registered
with the Securities and Exchange Commission (``Commission''), has
submitted an application to the Commission for authorization to use the
market risk standards of Appendix E of Rule 15c3-1 to the Securities
Exchange Act of 1934 (``Exchange Act'').\1\
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.15c3-1e.
---------------------------------------------------------------------------

    Based on a review of the application that BofAMLS submitted,
including an assessment of the firm's financial position, the adequacy
of the firm's internal risk management controls, and the statistical
models the firm will use for internal risk management and regulatory
capital purposes, the Commission has determined that the application
meets the requirements of paragraphs (a), (b), (d)(1)(i)-(iv), and
(d)(2) of Appendix E.\2\ The Commission also has determined that Bank
of America Corporation, BofAMLS's ultimate holding company, is in
compliance with the terms of its undertakings, as provided to the
Commission under Appendix E.
---------------------------------------------------------------------------

    \2\ See 17 CFR 240.15c3-1e(a); 17 CFR 240.15c3-1e(b); 17 CFR
240.15c3-1e(d)(i)-(iv); 17 CFR 240.15c3-1e(d)(2).
---------------------------------------------------------------------------

    Using the market-risk standards of Appendix E of Rule 15c3-1 should
help BofAMLS align its supervisory risk management practices and
regulatory capital requirements more closely, and would adequately
capture the material risks. As a result, this also should help to
ensure that integrity of the risk measurement, monitoring and
management process. The Commission, therefore, finds that approval of
the application is necessary or appropriate in the public interest or
for the protection of investors.
    Accordingly, IT IS ORDERED, under paragraph (a)(7) of Rule 15c3-1
\3\ to the Exchange Act, that BofAMLS may calculate net capital using
the market risk standards of Appendix E to compute a deduction for
market risk on some or all its positions instead of the provisions of
paragraphs (c)(2)(vi) and (c)(2)(vii) of Rule 15c3-1.\4\
---------------------------------------------------------------------------

    \3\ See 17 CFR 240.15c3-1(a)(7).
    \4\ See 17 CFR 240.15c3-1(c)(2)(vi); 17 CFR 240.15c3-
1(c)(2)(vii).

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26404 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67137-67138]
[FR Doc No: 2013-26770]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER14-263-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): 11-1-2013 Ameren-Mt. Carmel WDS to
be effective 4/1/2011.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5080.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-264-000.
    Applicants: Bangor Hydro Electric Company.
    Description: Bangor Hydro Electric Company submits tariff filing
per 35.1: Filing to Effect Succession to Bangor Hydro Electric Company
MBR Tariff to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5082.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-265-000.
    Applicants: Bangor Hydro Electric Company.
    Description: Bangor Hydro Electric Company submits tariff filing
per 35.15: Filing to Effect Cancellation of Existing eTariff Database
to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5087.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-266-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Entergy Resource Termination.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5098.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-267-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): 11-1-2013 Ameren-Centralia WDS
Filing to be effective 11/1/2013.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5099.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-268-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits tariff filing per 35.12:
OATT Attachment U and Amended Attachment N Filing to be effective 1/1/
2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5103.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-269-000.
    Applicants: Virginia Electric and Power Company, Potomac Electric
Power Company, PJM Interconnection, L.L.C.
    Description: Virginia Electric and Power Company submits tariff
filing per 35.13(a)(2)(iii): Dominion and Pepco submit Interconnection
Agreement designated PJM SA No. 3657 to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5105.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-270-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Pawtucket Resource Termination.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5107.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-271-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits tariff filing per
35.13(a)(2)(iii): Rate Schedule No. 112 Nonconforming Firm PTP Service
Agreement with PNM to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5121.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-272-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.15: Notice of Termination of the SGIA for Acciona Solar Energy
LLC to be effective 11/4/2013.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5124.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-273-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Entergy Louisiana, LLC submits tariff filing per
35.13(a)(2)(iii): ELL-EGSL/Cleco Implementation Agreement to be
effective 12/19/2013.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5128.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-274-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Amendments to Schedule 12--Appendix A re RTEP
approved by PJM Board on 10/2/2013 to be effective 1/30/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5132.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-275-000.
    Applicants: DTE Electric Company.
    Description: DTE Electric Company submits tariff filing per
35.13(a)(2)(iii): Amendment to Clinton Agreement to be effective 1/1/
2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5133.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-276-000.
    Applicants: Transource Missouri, LLC.
    Description: Transource Missouri, LLC submits tariff filing per
35.13(a)(2)(iii): TMO Agreement for Licensing Transmission Structures
to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5152.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-277-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per

35.13(a)(2)(iii): Revisions to the OATT & OA re DRS and removing the
LSE role from ELRP to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5154.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-278-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Schedule 1-A Tariff Administration Service Revisions
to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5157.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-279-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Interstate Power and Light Company.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): 11-1-2013 Guttenberg WDS Agreements
Filing to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5158.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER14-280-000.
    Applicants: DATC Path 15, LLC.
    Description: DATC Path 15, LLC submits tariff filing per 35: DATC
Path 15 LLC, Annual Update of TRBAA to be effective 1/1/2014.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5160.
    Comments Due: 5 p.m. ET 11/22/13.

    Docket Numbers: ER13-1631-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Request for Limited Extension of Waiver of certain
tariff provisions until January 15, 2014 of Midcontinent Independent
System Operator, Inc.
    Filed Date: 11/1/13.
    Accession Number: 20131101-5151.
    Comments Due: 5 p.m. ET 11/22/13.

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

    Dated: November 1, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-26770 Filed 11-7-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Page 37952]
[FR Doc No: 2012-15446]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-26]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

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

DATES:  Comments on this petition must identify the petition docket
number involved and must be received on or before July 16, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0620 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tyneka Thomas ARM-105,<PHONE_NUMBER>,
FAA, Office of Rulemaking, 800 Independence Ave. SW., Washington, DC
20591. This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 19, 2012.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2012-0620.
    Petitioner: Cecilia Braithewaite.
    Section of 14 CFR Affected: 14 CFR 121.311(b).
    Description of Relief Sought: This is a request for an exemption
from Sec.  121.311(b) to the extent required for two typically
developing children to use FAA Approved Child Restraint Systems (CRS)
on an aircraft, even though the children exceed the weight limits for
the CRS. The petitioner requests that these children be allowed to
occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe,
Inc.), even though they exceed the manufacturer's weight limits of 44
pounds. In this case, the safety of these children is greatly enhanced
by the extra support and security that the FAA Approved Restraint
System will provide for them during the flight.

[FR Doc. 2012-15446 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 10, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15314

________________________________________________________________________
________________________________________________________

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

Applicant:  CONSORCIO AVIACSA, S.A. de C.V.
                       Date Filed:  June 2, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct scheduled, combination services between Mexico
City, Mexico, and Dallas/Ft. Worth, Texas.

If renewal, date and citation of last action:  New authority.

Applicant representative(s):  Jim J. Marquez,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                        Action date:
June 10, 2003

Effective dates of authority granted:  June 10, 2003, through June 10,
2004.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

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

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

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

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/report彳癡慩楴湯愮灳

0


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Page 38736]
[FR Doc No: 2021-15637]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4601-DR: Docket ID FEMA-2021-0001]

Tennessee; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-4601-DR), dated May 8, 2021, and
related determinations.

DATES: This amendment was issued June 22, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Tennessee is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 8, 2021.

    Marion County for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-15637 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-23-P