[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27108-27110]
[FR Doc No: 2017-12269]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 774

[Docket No. 160217120-7396-02]
RIN 0694-AG85

Wassenaar Arrangement 2015 Plenary Agreements Implementation,
Removal of Foreign National Review Requirements, and Information
Security Updates; Corrections

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendments.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part
of its Export Administration Regulations (EAR), the Commerce Control
List (CCL), which identifies certain items subject to Department of
Commerce jurisdiction. This rule corrects citations, replaces text that
was inadvertently removed, and corrects other errors associated with
the ``Wassenaar Arrangement 2015 Plenary Agreements Implementation,
Removal of Foreign National Review Requirements, and Information
Security Updates'' final rule published on September 20, 2016 (WA15
rule).

DATES: This rule is effective: June 14, 2017.

FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
U.S. Department of Commerce at<PHONE_NUMBER> or by email:
<EMAIL_ADDRESS>    For technical questions contact: Office of National Security and
Technology Transfer Controls, Information Technology Control Division,
Aaron Amundson at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2016, BIS published a final rule entitled,
``Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal
of Foreign National Review Requirements, and Information Security
Updates'' (81 FR 64656-64692), (WA15

rule). The Wassenaar Arrangement (WA) on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies is a group of 41
like-minded states committed to promoting responsibility and
transparency in the global arms trade, and preventing destabilizing
accumulations of arms. As a Participating State, the United States has
committed to controlling for export all items on the WA control lists.
The lists were first established in 1996 and have been revised annually
thereafter. Proposals for changes to the WA control lists that achieve
consensus are approved by Participating States at annual Plenary
meetings. Participating States are charged with implementing the agreed
list changes as soon as possible after approval. The United States'
implementation of WA list changes ensures U.S. companies have a level
playing field with their competitors in other WA Participating States.
This rule affects three sections of the EAR by correcting citations,
replacing text that was inadvertently removed, and correcting other
errors associated with the publication of the September 20th WA15 rule.

Part 740--License Exceptions, Sec.  740.13 Technology and Software
Unrestricted (TSU)

    The introductory paragraph of Sec.  740.13 (License Exception TSU)
of the EAR is corrected by removing the reference to ``encryption
source code (and corresponding object code) that would be considered
publicly available under Sec.  734.3(b)(3) of the EAR,'' because the
publicly available provisions for encryption were moved to Sec.
742.15(b) in the WA15 rule. This action also adds to the introductory
paragraph a reference to ``release of technology and source code in the
United States by U.S. universities to their bona fide and full time
regular employees'' as that authorization was added in Sec.  740.13(f)
of the EAR by the initial implementation rule (78 FR 22718), April 16,
2013.

Part 740--License Exceptions, Sec.  740.17 Encryption Commodities,
Software, and Technology (ENC)

    This correcting action makes three changes to Sec.  740.17 of the
EAR, as described below.
    In Sec.  740.17, a Note that was inadvertently removed by the WA15
rule is added to introductory paragraph (b). The Note was omitted by
error when the mass market provisions were moved from Sec.  742.15(b)
to Sec.  740.17(b) in order to consolidate these provisions in one
place.
    Also in Sec.  740.17, paragraph (b)(2)(i) is amended by replacing
the incorrect reference to non-existing paragraph (a)(i)(A) and adding
in its place the correct reference to paragraph (b)(2)(i)(A).

Supplement No. 3 to Part 774 (Statements of Understanding)

    This correction rule amends the Notes to paragraph (a) by revising
paragraph (6) to replace the reference to Note 1 to Category 5, Part II
with a reference to Supplement No. 2 to part 774 of the EAR because
Note 1 to Category 5, Part II was removed by the WA15 rule and replaced
with the Supp. No. 2 reference.

Export Administration Act

    Although the Export Administration Act of 1979, as amended, expired
on August 21, 2001, the President, through Executive Order 13222 of
August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August 4, 2016, 81 FR 52587 (August 8,
2016), has continued the Export Administration Regulations (EAR) in
effect under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.). BIS continues to carry out the provisions of the Export
Administration Act, as appropriate and to the extent permitted by law,
pursuant to Executive Order 13222, as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' as defined under Executive Order 12866.
    2. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    3. The provisions of the Administrative Procedure Act requiring
notice of proposed rulemaking, the opportunity for public
participation, and a 30-day delay in effective date (5 U.S.C. 553) are
inapplicable, because this regulation involves a military and foreign
affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments fulfills the United States'
international obligation to the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies
(Wassenaar Arrangement). The Wassenaar Arrangement contributes to
international security and regional stability by promoting greater
responsibility in transfers of conventional arms and dual use goods and
technologies, thus preventing destabilizing accumulations of such
items. The Wassenaar Arrangement consists of 41 member countries that
act on a consensus basis, and the changes set forth in this action make
technical corrections to regulations implementing agreements reached at
the December 2015 plenary session of the Wassenaar Arrangement. Because
the United States is a significant exporter of the items covered by
this rule, implementation of this rule is necessary for the Wassenaar
Arrangement to achieve its purpose. Any delay in implementation will
create a disruption in the movement of affected items globally, because
of disharmony between export control measures implemented by Wassenaar
Arrangement members, resulting in tension between member countries.
Export controls work best when all countries implement the same export
controls in a timely manner. Delaying this rulemaking to allow for
notice and comment and a 30-day delay in effectiveness would prevent
the United States from fulfilling its commitment to the Wassenaar
Arrangement in a timely manner, and would injure the credibility of the
United States in this and other multilateral regimes.
    In addition, issuing a notice of proposed rulemaking would be
inappropriate and contrary to the public interest in this instance, as
this rule is merely making corrections to a previously published final
rule.
    Although there is no formal comment period, public comments on this
final rule are welcome on a continuing basis. Comments should be
submitted to Sharron Cook, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Ave. NW., Room 2099, Washington, DC 20230.
    4. Because this action merely makes technical correcting amendments
to the previously published WA15 final rule, the analysis required by
the the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that is
contained in the WA15 final rule continues to apply to the regulatory
text that is corrected by this

action, and no additional analysis is necessary.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 740 and 774 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:

PART 740 [AMENDED]

0
1. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 4, 2016, 81 FR 52587 (August 8, 2016).

0
2. Section 740.13 is amended by revising the introductory text to read
as follows:

Sec.  740.13   Technology and Software--unrestricted (TSU).

    This license exception authorizes exports and reexports of
operation technology and software; sales technology and software;
software updates (bug fixes); ``mass market'' software subject to the
General Software Note; and release of technology and source code in the
United States by U.S. universities to their bona fide and full time
regular employees. Note that encryption software subject to the EAR is
not subject to the General Software Note (see paragraph (d)(2) of this
section).
* * * * *

0
3. In Sec.  740.17:
0
a. Paragraph (b) introductory text is amended by adding a Note to the
paragraph; and
0
b. Paragraph (b)(2)(i) is amended by removing the reference ``paragraph
(a)(i)(A)'' and adding in its place ``paragraph (b)(2)(i)(A)''.
    The addition reads as follows:

Sec.  740.17   Encryption commodities, software, and technology (ENC).

* * * * *
    (b) * * *
    Note to paragraph (b) introductory text: Mass market encryption
software that would be considered publicly available under Sec.
734.3(b)(3) of the EAR, and is authorized for export under this
paragraph (b), remains subject to the EAR until all applicable
classification or self-classification requirements set forth in this
section are fulfilled.
* * * * *

PART 774 [AMENDED]

0
4. The authority citation for part 774 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 4, 2016, 81 FR 52587 (August 8,
2016).

Supplement No. 3 to Part 774 [Amended]

0
5. In Supplement No. 3 to part 774, the Notes to paragraph (a) are
amended by revising paragraph (6) to read as follows:

Supplement No. 3 to Part 774--Statements of Understanding

    (a) * * *
    Notes to Paragraph (a): * * *
    (6) For commodities and software ``specially designed'' for medical
end-use that incorporate an encryption or other ``information
security'' item subject to the EAR, see also section 3 (General
``Information Security'' Note (GISN)) to Supplement No. 2 to this part.
* * * * *

    Dated: June 7, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-12269 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Notices]
[Page 54032-54033]
[DOCID:fr13se06-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP06-533-000, et al.]

Notice of Proposed Changes in FERC Gas Tariff

September 7, 2006.

------------------------------------------------------------------------
                                                           Docket No.
------------------------------------------------------------------------
Algonquin Gas Transmission LLC.......................       RP06-533-000
ANR Pipeline Company.................................       RP06-531-000
ANR Storage Company..................................       RP06-530-000
Blue Lake Gas Storage Company........................       RP06-532-000
Central Kentucky Transmission Company................       RP06-549-000
Chandeleur Pipe Line Company.........................       RP06-527-000
Columbia Gas Transmission Corporation................       RP06-546-000
Columbia Gulf Transmission Company...................       RP06-552-000
Crossroads Pipeline Company..........................       RP06-553-000
Dauphin Island Gathering Partners....................       RP06-550-000
Destin Pipeline Company, L.L.C.......................       RP06-545-000
East Tennessee Natural Gas, LLC......................       RP06-538-000
Equitrans, L.P.......................................       RP06-514-000
Florida Gas Transmission Company, LLC................       RP06-558-000
Gas Transmission Northwest Corporation...............       RP06-578-000
Granite State Gas Transmission, Inc..................       RP06-551-000
Great Lakes Gas Transmission Limited Partnership.....       RP06-567-000
Guardian Pipeline, L.L.C.............................       RP06-562-000
Gulf South Pipeline Company, LP......................       RP06-508-000
Gulfstream Natural Gas System, L.L.C.................       RP06-536-000
Horizon Pipeline Company, L.L.C......................       RP06-458-000
Iroquois Gas Transmission System, L.P................       RP06-547-000
KO Transmission Company..............................       RP06-523-000
Maritimes & Northeast Pipeline, L.L.C................       RP06-535-000
MarkWest New Mexico L.P..............................       RP06-580-000
Midwestern Gas Transmission Company..................       RP06-566-000
MIGC, Inc............................................       RP06-432-000
National Fuel Gas Supply Corporation.................       RP06-576-000
Natural Gas Pipeline Company of America..............       RP06-459-000
North Baja Pipeline, LLC.............................       RP06-577-000
Northern Border Pipeline Company.....................       RP06-563-000
Northern Natural Gas Company.........................       RP06-559-000
Ozark Gas Transmission, L.L.C........................       RP06-586-000
Paiute Pipeline Company..............................       RP06-522-000
Panhandle Eastern Pipe Line Company, LP..............       RP06-557-000
Panther Interstate Pipeline Energy, LLC..............       RP06-581-000

Petal Gas Storage L.L.C..............................       RP06-561-000
Portland Natural Gas Transmission System.............       RP06-585-000
Questar Pipeline Company.............................       RP06-507-000
Questar Southern Trails Pipeline Company.............       RP06-526-000
Sabine Pipe Line LLC.................................       RP06-528-000
SCG Pipeline, Inc....................................       RP06-565-000
Sea Robin Pipeline Company...........................       RP06-555-000
Southern LNG, Inc....................................       RP06-544-000
Southern Natural Gas Company.........................       RP06-543-000
Southwest Gas Storage Company........................       RP06-554-000
Southwest Gas Transmission Company A Limited                RP06-524-000
 Partnership.........................................
Tennessee Gas Pipeline Company.......................       RP06-541-000
Texas Eastern Transmission, LP.......................       RP06-529-000
Texas Gas Transmission, LLC..........................       RP06-516-000
Trailblazer Pipeline Company.........................       RP06-460-000
Transwestern Pipeline Company, LLC...................       RP06-574-000
Trunkline Gas Company................................       RP06-564-000
Trunkline LNG Company, LLC...........................       RP06-556-000
Tuscarora Gas Transmission Company...................       RP06-510-000
Vector Pipeline L.P..................................       RP06-548-000
Venice Gathering System, L.L.C.......................       RP06-518-000
Viking Gas Transmission Company......................       RP06-568-000
WestGas InterState, Inc..............................       RP06-587-000
Williston Basin Interstate Pipeline Company..........       RP06-560-000
------------------------------------------------------------------------

    Take notice that the above-referenced pipelines tendered for filing
their tariff sheets respectively, pursuant to section 154.402 of the
Commission's Regulations to reflect the Commission's change in the unit
rate for the Annual Charge Adjustment (ACA) surcharge to be applied to
rates for recovery of 2006 Annual Charges pursuant to Order No. 472, in
RM87-3-000. The proposed effective date of the tariff sheets is October
1, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    Due to the large number of pipelines that have filed to comply with
the Annual Charge Adjustment Billing, the Commission is issuing this
single notice of the filings. The filings received are reflected in the
caption of this notice.
    Any person desiring to become a party in any of the listed dockets
must file a separate motion to intervene in each docket for which they
wish party status.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 15, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-15180 Filed 9-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6293]
[FR Doc No: 2023-01899]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4683-DR; Docket ID FEMA-2023-0001]

California; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of California (FEMA-4683-DR), dated January 14, 2023, and
related determinations.

DATES: This amendment was issued January 18, 2023.

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 California 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 January 14, 2023.

    San Joaquin County for Individual 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. 2023-01899 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44114-44117]
[FR Doc No: 2020-15688]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89321; File No. SR-ISE-2020-26]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Pricing Schedule at Options 7

July 15, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 1, 2020, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
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 amend the Exchange's Pricing Schedule at
Options 7, as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant 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 purpose of the proposed rule change is to amend the Exchange's
Pricing Schedule at Options 7. Each change is described below.
Response Fees
    Today, for regular orders in Non-Select Symbols,\3\ the Exchange
charges all market participants a fee for Responses to Crossing Orders
\4\ (except PIM orders) that is $0.50 per contract. For complex orders
in Non-Select Symbols, this Response fee is $0.91 per contract for
Market Makers \5\ and $0.96 per contract for all other market
participants. In addition, for regular orders in Select Symbols \6\ and
Non-Select Symbols, the Exchange currently charges all market
participants a fee for Responses to PIM orders that is $0.35 per
contract. For complex orders in both Select and Non-Select Symbols, the
PIM Response fee is likewise $0.35 per contract for all market
participants.
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    \3\ ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols.
    \4\ ``Responses to Crossing Orders'' is any contra-side interest
submitted after the commencement of an auction in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Block Order
Mechanism or Price Improvement Mechanism (``PIM'').
    \5\ ``Market Makers'' are ``Competitive Market Makers'' and
``Primary Market Makers'' collectively. See Options 1, Section
1(a)(21).
    \6\ ``Select Symbols'' are options overlying all symbols listed
on the Nasdaq ISE that are in the Penny Interval Program.
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    The Exchange now proposes to increase the Response fees described
above. Specifically, the fees for Responses to Crossing Orders (except
PIM orders) in Non-Select Symbols for both regular and complex orders
will increase to $1.10 per contract for all market participants. In
addition, the fees for Responses to PIM orders in Select Symbols for
regular and complex orders will increase to $0.50 per contract for all
market participants. Lastly, the fees for Responses to PIM orders in
Non-Select Symbols for regular and complex orders will increase to
$1.10 per contract for all market participants.
Facilitation and Solicitation Break-up Rebate
    Currently, the Exchange provides a Facilitation and Solicitation
break-up rebate of $0.15 per contract for regular and complex orders in
Select Symbols. This rebate applies to all Non-Nasdaq ISE Market
Maker,\7\ Firm Proprietary \8\/Broker-Dealer,\9\ Professional
Customer,\10\ and Priority Customer \11\ orders submitted in the
Facilitation and Solicited Order Mechanisms that do not trade with
their contra order, except when those contracts trade against pre-
existing orders and quotes on the Exchange's order books. The Exchange
now proposes to adopt the same break-up rebate for regular and complex
orders in Non-Select Symbols, and apply the rebate in the same manner
to Non-Nasdaq ISE Market Maker, Firm Proprietary/Broker-Dealer,
Professional Customer, and Priority Customer orders. The Exchange also
proposes technical changes in note 4 of Options 7, Section 3 to revise
``orderbooks'' to ``order books,'' and in the Crossing Order Fees and
Rebates table in Options 7, Section 4 to revise ``Breakup Rebate'' to
``Break-up Rebate'' for greater consistency with the Pricing Schedule.
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    \7\ A ``Non-Nasdaq ISE Market Maker'' is a market maker as
defined in Section 3(a)(38) of the Securities Exchange Act of 1934,
as amended, registered in the same options class on another options
exchange.
    \8\ A ``Firm Proprietary'' order is an order submitted by a
member for its own proprietary account.
    \9\ A ``Broker-Dealer'' order is an order submitted by a member
for a broker-dealer account that is not its own proprietary account.
    \10\ A ``Professional Customer'' is a person or entity that is
not a broker/dealer and is not a Priority Customer.
    \11\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Nasdaq ISE Options 1,
Section 1(a)(37).
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Taker Fees
    The Exchange currently charges all Non-Priority Customers \12\ a
taker fee of $0.72 per contract for regular orders in Non-Select
Symbols (except NDX and NQX).\13\ The Exchange now proposes to increase
this fee to $0.90 per contract for all Non-Priority Customers.
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    \12\ Non-Priority Customers include Market Makers, Non-Nasdaq
ISE Market Makers (FarMMs), Firm Proprietary/Broker-Dealers, and
Professional Customers.
    \13\ NDX and NQX, which are Non-Select Symbols, are presently
subject to separate pricing for index options in Section 5 of the
Pricing Schedule.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\15\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposed changes to its Pricing Schedule are
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for options
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \16\
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    \16\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \17\
---------------------------------------------------------------------------

    \17\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options security transaction services. The Exchange is only one of
sixteen options exchanges to which market participants may direct their
order flow. Within this environment, market participants can freely and
often do shift their order flow

among the Exchange and competing venues in response to changes in their
respective pricing schedules. As such, the proposal represents a
reasonable attempt by the Exchange to increase its liquidity and market
share relative to its competitors.
Response Fees
    The Exchange believes that the proposed increase to the fees for
responses to Crossing Orders is reasonable, equitable and not unfairly
discriminatory. With the proposed changes, the response fees will now
be uniform at $0.50 per contract for regular and complex orders in
Select Symbols, and at $1.10 per contract for regular and complex
orders in Non-Select Symbols, in both cases across all Crossing Orders
and all market participant types. While the response fees are
increasing under this proposal, the proposed fees are still within the
range of rates charged for similar auction mechanisms at other options
exchanges.\18\
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    \18\ See Nasdaq MRX (``MRX'') Pricing Schedule, Options 7,
Section 3, Table 2, and Section 5.E, which set forth comparable
rates for responses to Crossing Orders on MRX. For example, MRX
charges all market participants a $0.50 per contract fee for
responses to Crossing Orders in Penny Symbols and a $1.10 per
contract fee for responses to Crossing Orders in Non-Penny Symbols.
See also Cboe EDGX Options (``EDGX'') Fee Schedule, ``Automated
Improvement Mechanism (``AIM'') and Solicitation Auction Mechanism
(``SAM'') Pricing,'' which charges all market participants a fee of
$0.50 (Penny Pilot Securities) and $1.05 (Non-Penny Pilot
Securities) for AIM and SAM responses.
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Facilitation and Solicitation Break-up Rebate
    The Exchange believes that the proposed Facilitation and
Solicitation break-up rebates for Non-Select Symbols are reasonable
because these incentives will encourage use of the Facilitation and
Solicited Order Mechanisms. Specifically, the Exchange believes that
the proposed rebates will encourage increased originating regular and
complex Non-Nasdaq ISE Market Maker, Firm Proprietary/Broker-Dealer,
Professional Customer, and Priority Customer order flow to the
Facilitation and Solicited Order Mechanisms, thereby potentially
increasing the initiation of and volume executed through such auctions.
Additional auction order flow provides market participants with
additional trading opportunities at potentially improved prices. The
Exchange further believes that the proposed Facilitation and
Solicitation break-up rebates for Non-Select Symbols are set at
reasonable rates because they are aligned with the break-up rebates
currently provided for Select Symbols, as discussed above.
    The Exchange believes that the proposed Facilitation and
Solicitation break-up rebates for Non-Select Symbols are equitable and
not unfairly discriminatory because the proposed rebates will apply
equally to all non-Market Maker originating orders submitted to the
Facilitation and Solicited Order Mechanisms that do not trade with
their contra orders (except when those originating contracts trade
against pre-existing orders and quotes on the Exchange's order books).
While Market Makers will not receive the Facilitation and Solicitation
break-up rebates for Non-Select Symbols, the Exchange believes that the
application of the rebate is equitable and not unfairly discriminatory
because Market Makers are not eligible for Facilitation and
Solicitation break-up rebates in Select Symbols today. In addition, the
Exchange currently offers Market Makers other rebate programs that do
not apply to non-Market Makers, such as the Market Maker Plus Program.
Taker Fees
    The Exchange believes that the proposed increase to the Non-Select
Symbol taker fees is reasonable, equitable and not unfairly
discriminatory. With the proposed changes, the taker fees will
uniformly increase to $0.90 per contract for all Non-Priority
Customers. The Exchange notes that Priority Customers will continue to
be assessed no taker fee for Non-Select Symbols under this proposal.
While the taker fees are increasing for Non-Priority Customers, the
proposed fees are within the range of taker fees at another options
exchange.\19\
---------------------------------------------------------------------------

    \19\ See Cboe C2 Options (``C2'') Fees Schedule, ``Transaction
Fees,'' which charges the following fees in Non-Penny Classes for
orders that remove liquidity: $0.85 for Public Customer orders,
$0.90 for C2 Market Maker orders, and $0.93 for Non-Customer, Non-
Market Maker orders (Professional Customer, Firm, Broker/Dealer,
non-C2 Market Maker, JBO, etc.).
---------------------------------------------------------------------------

    The Exchange believes that it is equitable and not unfairly
discriminatory to continue charging Priority Customers no taker fees in
Non-Select Symbols as the Exchange has historically offered lower
execution fees or rebates to those market participants. Furthermore,
Priority Customer order flow enhances liquidity on the Exchange for the
benefit of all market participants by providing more trading
opportunities, which in turn attracts Market Makers and other market
participants that may trade with this order flow.

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 not necessary or appropriate in
furtherance of the purposes of the Act. In terms of intra-market
competition, the Exchange does not believe that its proposal will place
any category of market participant at a competitive disadvantage. The
proposed response fees for Crossing Orders will be consistent across
all market participants, as discussed above. In addition, the
Facilitation and Solicitation break-up rebates proposed for Non-Select
Symbols will be applied to market participants in the same manner as
the Facilitation and Solicitation break-up rebates are applied today
for Select Symbols. Lastly, the Non-Select Symbol taker fees will be
increased uniformly across all Non-Priority Customers while Priority
Customers will continue to be charged no taker fee.
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. In this instance, while the Exchange is increasing
the response fees and taker fees in the manner discussed above, the
Exchange does not believe this will cause an undue burden on
competition as the increased fees are still within the range of similar
fees charged by other options exchanges.
    In sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \20\ and Rule 19b-4(f)(2) \21\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is: (i) Necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \21\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2020-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2020-26. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2020-26 and should be submitted on
or before August 11, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15688 Filed 7-20-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Rules and Regulations]
[Pages 32300-32303]
[FR Doc No: 2020-09602]

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

40 CFR Part 52

[EPA-R04-OAR-2007-0113; FRL-10009-10-Region 4]

Air Plan Approval; Georgia: Definition for Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Department of Natural Resources'
Environmental Protection Division (GA EPD) on September 19, 2006, with
a clarification submitted on November 6, 2006, and a supplemental
submittal transmitted on November 27, 2019. EPA is approving portions
of a definition that impacts existing minor new source review (NSR)
permitting regulations because the State has demonstrated it is
consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective June 29, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0113. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can also be
reached via telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA finalizing?

    EPA is approving certain changes to the Georgia SIP that were
provided to EPA by GA EPD via a letter dated September 19, 2006. EPA
previously approved the majority of the changes to Georgia rules
originally included in the September 19, 2006, submittal.\1\ In
addition, GA EPD has withdrawn several portions of the SIP revision
from

EPA consideration.\2\ In this action, EPA is approving the portion of
this SIP revision that makes changes to the State's Rule 391-3-1-.01,
Definitions. The portion of the SIP revision considered adds a
definition for ``Pollution control project'' (PCP)--which GA EPD
describes as environmentally-beneficial projects that reduce criteria
pollutant emissions--that relates to minor NSR applicability for
construction permitting under Rule 391-3-1-.03, Permits. The changes to
this rule and EPA's rationale for approval are described in more detail
in EPA's notice of proposed rulemaking (NPRM) published on March 16,
2020. See 85 FR 14843.
---------------------------------------------------------------------------

    \1\ EPA approved portions of the September 19, 2006, SIP
revision as follows: Changes to Rule 391-3-1-.01, Definitions, were
approved on February 9, 2010 (75 FR 6309); changes to Rule 391-3-
1-.02, Provisions, were approved on February 9, 2010 (75 FR 6309),
December 1, 2010 (75 FR 74642), and September 1, 2015 (80 FR 52627);
and changes to Rule 391-3-1-.03, Permits, were approved on April 9,
2013 (78 FR 21065) and November 22, 2019 (84 FR 64427).
    \2\ GA EPD withdrew portions of the September 19, 2006, SIP
revision as follows: 391-3-1-.02 on January 25, 2016 and portions of
391-3-1-.01 on November 27, 2019.
---------------------------------------------------------------------------

    Comments on EPA's March 16, 2020, NPRM were due on April 15, 2020.
EPA received comments which, as discussed in Section III below, do not
challenge the underlying rationale for EPA's proposed action.
Accordingly, EPA is finalizing action on the March 16, 2020, NPRM.

II. EPA's Analysis of the Georgia's Submittal

    EPA is approving portions of the definition of ``Pollution control
project'' into the Georgia SIP at Rule 391-3-1-.01(qqqq). This
definition lists certain projects, described as ``environmentally
beneficial,'' that are exempted from the minor NSR \3\ construction
permit requirements pursuant to Rule 391-3-1-.03(6)(j). The exemption
does not apply to sources subject to major NSR requirements under
either 391-3-1-.02(7) (``Prevention of Significant Deterioration [PSD]
of Air Quality''), or 391-3-1-.03(8) ``Permit Requirements'' under
paragraph (c), (Georgia's nonattainment new source review (NNSR)
program). The exemption for PCPs applies to minor sources only,
limiting any emissions increases from the exempted projects to below
the major source thresholds for all pollutants.
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    \3\ EPA's regulations governing the implementation of NSR
permitting programs are contained in 40 CFR 51.160-51.166; 52.21,
52.24; and part 51, Appendix S. The CAA NSR program is composed of
three separate programs: PSD, NNSR, and Minor NSR. PSD is
established in part C of title I of the CAA and applies to major
stationary sources in areas that meet the national ambient air
quality standards (NAAQS)--``attainment areas''--as well as areas
where there is insufficient information to determine if the area
meets the NAAQS--``unclassifiable areas.'' The NNSR program is
established in part D of title I of the CAA and applies to major
stationary sources in areas that are not in attainment of the
NAAQS--``nonattainment areas.'' The Minor NSR program applies to
stationary sources that do not require PSD or NNSR permits.
Together, these programs are referred to as the NSR programs.
---------------------------------------------------------------------------

    EPA previously approved the exemption for PCPs for minor sources at
.03(6)(j) on February 9, 2010 (75 FR 6309) but did not act on the PCP
definition at Rule 391-3-1-.01(qqqq) at that time. In this action, EPA
is approving a definition of ``Pollution control project'' at
.01(qqqq). Because this definition only applies to minor sources, it is
not impacted by the United States Court of Appeals for the District of
Columbia Circuit decision in New York v. EPA, 413 F.3d 3 (D.C. Cir.),
in which the D.C. Circuit vacated an exemption for PCPs from the
federal NSR regulations for major sources. Georgia's previously
approved NSR regulations governing major sources are consistent with
federal requirements and the D.C. Circuit decision on PCPs for major
NSR.
    On June 29, 2017 (82 FR 29469), EPA published a NPRM proposing
approval of changes to 391-3-1-.01, Definitions, and 391-3-1-.03,
Permits, and published an accompanying direct final rule. See 82 FR
29418. EPA specifically proposed to approve a definition of ``Pollution
control project'' at 391-3-1-.01(qqqq), which included subparagraphs
.01(qqqq)1. through 8., as a clarifying amendment to an existing
exemption from minor NSR permitting at 391-3-1-.03(6)(j). The proposed
rule stated that if EPA received adverse comment on the direct final
rule, then the Agency would withdraw the direct final rule and address
public comments received in a subsequent final rule based on the
proposed rule. EPA received one adverse comment regarding the portion
of the direct final rule revising 391-3-1-.01, Definitions, and EPA
accordingly withdrew the direct final rule on August 22, 2017.\4\ See
82 FR 39671.
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    \4\ The adverse comment received on the June 29, 2017, proposed
rule is included in the docket for this action.
---------------------------------------------------------------------------

    Since the August 22, 2017, withdrawal of EPA's direct final rule,
GA EPD has withdrawn several portions of the definition at .01(qqqq)
from EPA consideration. Specifically, on November 27, 2019, GA EPD
withdrew .01(qqqq)1. and .01(qqqq)3. through 8., and submitted a
supplemental justification for the approval of .01(qqqq)2. into the
SIP.\5\ The remaining list of projects EPA is considering in this
action at .01(qqqq)2. are as follows: ``[e]lectrostatic precipitators,
baghouses, high-efficiency multiclones, or scrubbers for control of
particulate matter or other air contaminants.'' EPA proposed to approve
this remaining portion of the definition on March 16, 2020. See 85 FR
14843.
---------------------------------------------------------------------------

    \5\ The November 27, 2019, partial withdrawal letter and
accompanying Attachment A transmitting supporting documentation for
the remainder of the SIP revision are included in the docket for
this action.
---------------------------------------------------------------------------

    EPA is approving the remaining portion of the definition,
specifically the introductory paragraph and subparagraph .01(qqqq)2.
EPA has evaluated the exemption and believes, in its technical
judgment, that the listed projects will reduce emissions of both NAAQS
and non-NAAQS pollutants. Additionally, EPA notes that these projects
will not lead to collateral emissions increases of any NAAQS
pollutants. As a result, these types of projects already qualify for
Georgia's preexisting minor NSR exemption at Rule 391-3-1-.03(6)(i)3.
That provision exempts projects that fall below certain specified
emissions thresholds. Since the projects included under Rule 391-3-
1-.01(qqqq)2. will not increase emissions of any NAAQS pollutant, they
would previously have been exempted under those thresholds. Therefore,
the revision will not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
CAA section 171), or any other applicable requirement of the CAA,
consistent with CAA section 110(l). EPA believes that these projects
are otherwise appropriately exempted from Georgia's minor NSR program
under CAA section 110(a)(2)(C). That provision requires a program
within the State to regulate the construction and modification of
sources such that the NAAQS are maintained. By definition, a project
that will not lead to any emissions increases will not negatively
impact the NAAQS.
    To the extent CAA section 193 applies to this action, EPA has
concluded that the revision is consistent with the requirements of that
provision because these changes will not lead to any increases of NAAQS
pollutants. See EPA's March 16, 2020, NPRM (85 FR 14843) for more
detail on EPA's rationale for approval.

III. Response to Comments

    EPA received two comments that do not directly address the March
16, 2020, NPRM. EPA also received one comment that generally supports
the proposed action, but raises other points that are summarized and
discussed below.
    Comment 1: The Commenter requests that EPA adequately publicize
that Georgia Rule 391-3-1.01(qqqq)1. and (qqqq)3. through 8.--which GA
EPD withdrew from EPA consideration--are not part of the SIP.
Specifically, the Commenter requests that EPA include

an explanation at 40 CFR 52.570(c), ``EPA Approved Georgia
Regulations,'' confirming that these provisions are not included in the
SIP and that this explanation remain in place as long as these
provisions remain in the State's regulations.
    Response 1: The Commenter does not challenge the substance of the
State rule EPA has proposed to approve into Georgia's SIP. Consistent
with its current practice, EPA Region 4 will identify exceptions from
the SIP-approved version of Rule 391-3-1-.01 in the explanations column
of the Georgia SIP table at Sec.  52.570(c), and the explanation will
remain in place until the need for the explanation is eliminated
through an approved SIP revision.
    Comment 2: The Commenter requests that EPA include the
aforementioned explanation on EPA Region 4's website titled ``EPA
Approved Statutes and Regulations in the Georgia SIP'' \6\ and notes
that exceptions at Rule 391-3-1-.01 listed at 40 CFR 52.570(c) are not
reproduced on the website. The Commenter states that it is essential
that EPA's website correctly identify the approved State regulations to
ensure that the public is adequately informed of the operative
provisions of the Georgia SIP.
---------------------------------------------------------------------------

    \6\ This website is located at https://www.epa.gov/sips-ga/epa-approved-statutes-and-regulations-georgia-sip. It is a sub-site of
the website titled ``Approved Air Quality Implementation Plans in
Georgia,'' located at https://www.epa.gov/sips-ga, which is a sub-
site of the website titled ``Approved Air Quality Implementation
Plans in Region 4,'' located at https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-4.
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    Response 2: These comments regarding Region 4's website are outside
the scope of this action. However, EPA acknowledges that the Region 4
website may have created confusion. The website titled ``Approved Air
Quality Implementation Plans in Georgia'' contains the following
statement:

    About this website: The official SIPs, TIPs, and FIPs are
contained in regulations promulgated in the Federal Register and
codified in the U.S. Code of Federal Regulations (CFR). EPA's web-
versions of the approved SIPs, TIPs, and FIPs are for reference.
While we make every effort to maintain the accuracy of the files
accessible here, inconsistencies may occur. Please contact us using
the link below if you find any errors in these files.

    To add clarity, EPA Region 4 has revised this statement as follows
and placed it on all three of its websites related to Georgia's SIP:
\7\
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    \7\ See footnote 6.

    About this website: This website does not necessarily represent
the current version of the SIPs, TIPs, or FIPs. The official SIPs,
TIPs, and FIPs are contained in regulations promulgated in the
Federal Register and codified in the U.S. Code of Federal
Regulations (CFR). While we make every effort to maintain the
accuracy of the files accessible here, inconsistencies may occur.
Please contact us using the link below if you find any errors in
---------------------------------------------------------------------------
these files.

    Comment 3: The Commenter urges EPA to ensure that Georgia
implements its SIP and not allow the State to apply the exemptions at
391-3-1-.01(qqqq)1. and (qqqq)3. through 8 to minor NSR. The Commenter
states that it has experience with the State implementing State
regulations that differ from the SIP and provides information related
to the issuance of an air permit as an example.
    Response 3: EPA agrees that it retains oversight authority to
ensure that states are adequately implementing SIP-approved rules.
Should EPA discover evidence to support a determination that GA EPD is
misapplying the exemptions approved through this action, the Agency
retains oversight authority to remedy this issue, such as through a
failure to implement action. EPA appreciates the Commenter's specific
information regarding a GA EPD permitting action. However, the
Commenter's statements related to this unrelated permitting action are
outside the scope of this action.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Georgia
Rule 391-3-1-.01, entitled ``Definitions,'' effective July 23, 2018
which adds a definition for a ``Pollution control project.''
8 9 EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\10\
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    \8\ The effective date of the change to Rule 391-3-1-.01 made in
Georgia's September 19, 2006, SIP revision is July 13, 2006.
However, for purposes of the state effective date included at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a July 31, 2018, SIP revision, state
effective on July 23, 2018, which EPA previously approved on
November 22, 2019. See 84 FR 64427.
    \9\ Except for (qqqq)1. and (qqqq)3. through 8., which were
withdrawn from EPA consideration on November 27, 2019.
    \10\ See 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving the portion of the September 19, 2006, SIP
revision that adds a definition at Rule 391-3-1-.01(qqqq). EPA believes
this change is consistent with the CAA and will not impact the NAAQS or
interfere with any other applicable requirement of the Act.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 July 28, 2020. 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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.

Mary Walker,
Regional Administrator, Region 4.

    Accordingly, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. Section 52.570(c) is amended by revising the entry for ``391-3-
1-.01'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject       effective    EPA approval  date        Explanation
                                                          date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01....................  Definitions.......       7/23/2018  5/29/2020, [Insert  Except the first
                                                                      citation of         paragraph, sections
                                                                      publication].       (a)-(nn), (pp)-(ccc),
                                                                                (eee)-(jjj), (nnn)-
                                                                                (bbbb), (dddd)-(mmmm),
                                                                                (rrrr)-(ssss),
                                                                                approved on 12/4/2018
                                                                                with a State-effective
                                                                                date of 7/20/2017;
                                                                                sections (ddd) and
                                                                                (cccc)--approved on 2/
                                                                                2/1996 with a State-
                                                                                effective date of 11/
                                                                                20/1994; (nnnn),
                                                                                approved on 1/5/2017
                                                                                with a State-effective
                                                                                date of 8/14/2016; and
                                                                                sections (oooo)
                                                                                (pppp), (qqqq)1., and
                                                                                (qqqq)3. through
                                                                                (qqqq)8. which are not
                                                                                in the SIP.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2020-09602 Filed 5-28-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29766-29768]
[FR Doc No: 2021-11707]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG21-161-000.
    Applicants: Hubbard Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Hubbard Wind, LLC.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5234.
    Comments Due: 5 p.m. ET 6/17/21.

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

    Docket Numbers: ER10-1818-026; ER10-1817-023; ER10-1819-030; ER10-
1820-033.
    Applicants: Public Service Company of Colorado, Southwestern Public
Service Company, Northern States Power Company a Minnesota corporation,
Northern States Power Company a Wisconsin corporation.
    Description: Notice of Change in Status of Public Service Company
of Colorado, et al.
    Filed Date: 5/27/21.

    Accession Number: 20210527-5296.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER20-1210-003.
    Applicants: Hazleton Generation LLC.
    Description: Report Filing: Reactive Service Tariff Refund Report
to be effective N/A.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5110.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-1047-002.
    Applicants: Southwestern Public Service Company.
    Description: Tariff Amendment: SPS-GSEC-RBEC IA-Faria 724--
Supplemental Filing to be effective 7/26/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5194.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-1401-002.
    Applicants: Northern States Power Company, a Minnesota corporation,
Northern States Power Company, a Wisconsin corporation.
    Description: Tariff Amendment: 2021 Interchange Agreement Annual
Filing-Refile to be effective 1/1/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5184.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-1652-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: 2021-05-27 OATT-Transmn Svc Study
Filing-Amnd to be effective 7/26/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5158.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-1813-002.
    Applicants: Yellow Pine Energy Center I, LLC.
    Description: Tariff Amendment: Second Amendment to Yellow Pine
Energy Center I, LLC App for MBR Authorization to be effective 5/28/
2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5067.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-1814-002.
    Applicants: Yellow Pine Energy Center II, LLC.
    Description: Tariff Amendment: Second Amendment to Yellow Pine
Energy Center II, LLC App for MBR Authorization to be effective 5/28/
2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5072.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-1990-001.
    Applicants: Blackwell Wind Energy, LLC.
    Description: Tariff Amendment: Blackwell Wind Energy, LLC Amendment
to the Application for MBR Authorization to be effective 7/24/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5219.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2003-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, SA No. 6072;
Queue No. AF2-293 to be effective 5/4/2021.
    Filed Date: 5/26/21.
    Accession Number: 20210526-5210.
    Comments Due: 5 p.m. ET 6/16/21.

    Docket Numbers: ER21-2004-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 354,
Newman 6 Large Generator Interconnection Agreement to be effective 5/5/
2021.
    Filed Date: 5/26/21.
    Accession Number: 20210526-5211.
    Comments Due: 5 p.m. ET 6/16/21.

    Docket Numbers: ER21-2005-000.
    Applicants: Hickory Park Solar, LLC.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 7/9/2021.
    Filed Date: 5/26/21.
    Accession Number: 20210526-5219.
    Comments Due: 5 p.m. ET 6/16/21.

    Docket Numbers: ER21-2007-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Central Nebraska Pre-Filing
Stipulation and Offer of Settlement to be effective N/A.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5064.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2009-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to Service
Agreement No. 5817; Queue No. AF2-085 to be effective 9/15/2020.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5105.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2010-000.
    Applicants: Luz Solar Partners Ltd., III.
    Description: Tariff Cancellation: Luz Solar Partners Ltd., III
Notice of Cancellation of Market-Based Rate Tariff to be effective 5/
27/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5111.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2011-000.
    Applicants: Luz Solar Partners Ltd., IV.
    Description: Tariff Cancellation: Luz Solar Partners Ltd., IV
Notice of Cancellation of Market-Based Rate Tariff to be effective 5/
28/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5114.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2012-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 607R40 Evergy Kansas
Central, Inc. NITSA NOA to be effective 5/1/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5124.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2013-000.
    Applicants: Luz Solar Partners Ltd., V.
    Description: Tariff Cancellation: Luz Solar Partners Ltd., V Notice
of Cancellation of Market-Based Rate Tariff to be effective 5/28/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5129.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2014-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Termination of
Quarantina DSA SA No. 1131 to be effective 7/18/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5139.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2015-000.
    Applicants: New York Independent System Operator, Inc., New York
State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: Joint 205 SGIA among NYISO,
NYSEG, Orangeville Energy SA2562, CEII to be effective 5/20/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5152.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2016-000.
    Applicants: Minco Wind V, LLC.
    Description: Tariff Cancellation: Minco Wind V, LLC Notice of
Cancellation of Market-Based Rate Tariff to be effective 5/28/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5167.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2017-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Third Amended LGIA Maverick
SA No. 98 to be effective 5/28/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5174.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2018-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Cancellation: DEC--Notice of Cancellation of
Service Agreements SA Nos. 46, 166, 153 and 347 to be effective 7/27/
2021.

    Filed Date: 5/27/21.
    Accession Number: 20210527-5259.
    Comments Due: 5 p.m. ET 6/17/21.

    Docket Numbers: ER21-2019-000.
    Applicants: California Independent System Operator Corporation.
    Description: Tariff Cancellation: 2021-05-27 Termination of
DSHBAOA--Griffith to be effective 6/1/2021.
    Filed Date: 5/27/21.
    Accession Number: 20210527-5270.
    Comments Due: 5 p.m. ET 6/17/21.

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

    Dated: May 27, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-11707 Filed 6-2-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]
[Page 30295-30296]
[DOCID:fr01jn10-14]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1101; Airspace Docket No. 09-ANM-24]

Modification of Class E Airspace; West Yellowstone, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action will modify Class E airspace at West Yellowstone,
MT, to accommodate aircraft using a new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedure (SIAP)
at West Yellowstone Airport. This will improve the safety and
management of Instrument Flight Rules (IFR) operations at the airport.
This action also includes minor adjustments in the legal description of
the airspace.

DATES: Effective date, 0901 UTC, July 29, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On December 21, 2009, the FAA published in the Federal Register a
Notice of proposed rulemaking to modify controlled airspace at West
Yellowstone, MT (74 FR 67836). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9T signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Class E surface airspace extending upward from 700
feet above the surface, at West Yellowstone Airport, to accommodate IFR
aircraft executing new RNAV (GPS) SIAP's at the airport. This rule also
makes minor changes to the legal description of the airspace to
coincide with the National Aeronautical Charting Office. This action is
necessary for the safety and management of IFR operations. With the
exception of editorial changes and the changes described above, this
rule is the same as that proposed in the NPRM.
    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
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, section 106 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 establishes
additional controlled airspace at West Yellowstone Airport, West
Yellowstone, MT.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

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

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

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

* * * * *

ANM MT E5 West Yellowstone, MT

West Yellowstone, Yellowstone Airport, MT
    (Lat. 44[deg]41'18'' N., long. 111[deg]07'04'' W.)

    That airspace extending upward from 700 feet above the surface
within 4.3 miles west and 8.3 miles east of the 026[deg] and
206[deg] bearings of the Yellowstone Airport extending from 8.3
miles northeast to 23.3 miles southwest of the Yellowstone Airport;
that airspace extending upward from 1,200 feet above the surface
within 4.3 miles each side of the 209[deg] bearing from lat.
44[deg]34'32'' N., long. 111[deg]11'51'' W. extending to 36.2 miles
southwest, and within 5 miles north and 4.3 miles south of the
304[deg] bearing from lat. 44[deg]34'32'' N., long. 111[deg]11'51''
W. extending to the east edge of V-343; that airspace extending
upward from 10,700 feet MSL within a 25.3-mile radius of lat.
44[deg]34'32'' N., long. 111[deg]11'51'' W. extending clockwise from
the 081[deg] bearing from lat. 44[deg]34'32'' N., long.
111[deg]11'51'' W. to 4.3 miles east of the 236[deg] bearing from
lat. 44[deg]34'32'' N., long. 111[deg]11'51'' W., and within 4.3
miles each side of the 236[deg] bearing from lat. 44[deg]34'32'' N.,
long. 111[deg]11'51'' W. extending to 43.5 miles southwest; that
airspace extending upward from 10,700 feet MSL within 9 miles south
and 5 miles north of the 304[deg] bearing from lat. 44[deg]34'32''
N., long. 111[deg]11'51'' W. extending to the east edge of V-343;
that airspace extending upward from 12,000 feet MSL within a 30.5-
mile radius of lat. 44[deg]34'32'' N., long. 111[deg]11'51'' W.
extending clockwise from the 026[deg] bearing from lat.
44[deg]34'32'' N., long. 111[deg]11'51'' W. to the 081[deg] bearing
from lat. 44[deg]34'32'' N., long. 111[deg]11'51'' W; that airspace
extending upward from 12,500 feet MSL within 4.3 miles each side of
the 293[deg], 329[deg] and 043[deg] bearing from lat. 45[deg]00'19''
N., long. 110[deg]53'49'' W. extending to 25.16 miles west to 30.57
miles northwest to 54.24 miles north, and within 4.3 miles each side
of the 312[deg] bearing from lat. 44[deg]31'10'' N., long.
111[deg]14'03'' W. extending to 25.20 miles northwest, excluding
that portion that overlies the east edge of V-343 and south edge of
V-2 and V-86; that airspace extending upward from 13,000 feet MSL,
within a 30.5-mile radius of lat. 44[deg]34'32'' N., long.
111[deg]11'51'' W. extending clockwise from the 313[deg] bearing to
the 026[deg] bearing from lat. 44[deg]34'32'' N., long.
111[deg]11'51'' W. excluding that portion that overlies V-298 and V-
343. This Class E airspace area shall be effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.

    Issued in Seattle, Washington, on May 14, 2010.
Clark Desing,
Manager, Operations Support Group, Western Service Center .
[FR Doc. 2010-12908 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P