[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Rules and Regulations]
[Page 46564-46567]
[DOCID:fr21au07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0526; FRL-8446-1]

Approval and Promulgation of Implementation Plans; Arizona--
Phoenix PM-10 Nonattainment Area; Salt River Area Plan for Attainment
of the 24-hour PM-10 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval under the Clean Air Act (CAA) of
provisions of the Revised PM-10 State Implementation Plan (SIP) for the
Salt River Area submitted by the State of Arizona to EPA in October and
November 2005. These submittals include adopted rules, resolutions and
measures that address particulate matter (PM-10) emissions from
fugitive dust sources.

DATES: Effective Date: This rule is effective on September 20, 2007.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0526 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., Confidential
Business Information). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 12, 2006 (71 FR 39251), EPA proposed to approve the rules,
resolutions and measures listed below into the Arizona PM-10 SIP
pursuant to the cited CAA sections. We also proposed on July 12, 2006,
to approve Maricopa County Air Quality Department (MCAQD) Rule 316,
``Nonmetallic Mineral Processing,'' adopted on June 8, 2005. In this
final rule we are approving all the items listed below. EPA is not,
however, including Rule 316 in this final action because we are re-
evaluating the rule and expect to address it in a separate rulemaking.

                                 Table I
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           Rule/measure/commitment              Relevant CAA section(s)
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Maricopa County Air Quality Department         189(b)(1)(B) and 188(e).
 (MCAQD) Rule 325, ``Brick and Structural
 Clay Products (BSCP) Manufacturing,''
 adopted August 10, 2005.
MCAQD Rule 310, ``Fugitive Dust,'' adopted     189(b) and 188(e) for
 April 7, 2004.                                 subsections 304.5 and
                                                502. 110(a) for other
                                                subsections.
MCAQD Rule 310.01, ``Fugitive Dust From Open   110(a).
 Areas, Vacant Lots, Unpaved Parking Lots,
 and Unpaved Roadways,'' adopted February 17,
 2005.
MCAQD Appendix C, ``Fugitive Dust Test         189(b) and 188(e) for
 Methods,'' adopted April 7, 2004.              subsection 3.3.2. 110(a)
                                                for other subsections.
MCAQD Appendix F, ``Soil Designations,''       189(b) and 188(e).
 adopted April 7, 2004.
MCAQD ``Application for Dust Control           189(b) and 188(e) for
 Permit,'' adopted June 22, 2005 \1\.           Section 2, subsections
                                                10 and 11, and Section
                                                3, subsection I. 110(a)
                                                for other subsections.
MCAQD `Guidance for Application for Dust       189(b) and 188(e) for
 Control Permit,'' adopted June 22, 2005 \2\.   Section 2, subsection
                                                13, and Section 3.
                                                110(a) for other
                                                subsections.
Maricopa County Board Resolution No. C-85-05-  189(b) for enforcement
 005-0-00, adopted January 19, 2005.            resource provisions of
                                                Measures 1 through 4.
                                                110(a) for other
                                                provisions, including
                                                Measure 5.
City of Phoenix Resolution No. 20114, adopted  110(a).
 June 16, 2004.
Resolutions from 17 municipalities \3\ and     110(a).
 the Arizona Department of Transportation,
 adopted on various dates.
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\1\ The reference to an adoption date of July 1, 2005, in the proposed
  rule was a clerical error (71 FR at 39253).
\2\ See footnote 1.
\3\ The reference to resolutions from 18 municipalities in the proposed
  rule was a clerical error (71 FR at 39253).

    These provisions were submitted as part of the Revised PM-10 State
Implementation Plan for the Salt River Area, Arizona Department of
Environmental Quality (ADEQ), September 2005 (Salt River plan)
submitted to EPA on October 7, 2005, and the Revised PM-10 State
Implementation Plan for the Salt River Area, Additional Submittals
(Maricopa County Rule 310.01, Maricopa Dust Control Permit and Guidance
for Application for Dust Control Permit), ADEQ, September 2005,
Additional Submittal in November 2005, (Salt River supplement),
submitted on November 29, 2005.
    Located in metropolitan Phoenix, the Salt River area is a 32-square
mile subarea of the metropolitan Phoenix (Maricopa County) serious PM-
10 nonattainment area. For additional background on the Salt River
portion of the Phoenix PM-10 nonattainment area, see 67 FR 19148 (April
18, 2002) and 67 FR 44369 (July 2, 2002).\1\
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    \1\ On July 25, 2002, EPA approved multiple documents submitted
to EPA by Arizona for the Phoenix area as meeting the CAA
requirements for serious PM-10 nonattainment areas for the 24-hour
and annual PM-10 national ambient air quality standards (NAAQS).
Among these documents is the Revised Maricopa Association of
Governments (MAG) 1999 Serious Area Particulate Plan for PM-10 for
the Maricopa County Nonattainment Area, February 2000 (MAG plan),
that includes the Best Available Control Measures (BACM)
demonstrations for all significant source categories (except
agriculture) for both the 24-hour and annual PM-10 standards and the
State's request and supporting documentation, including the most
stringent measure (MSM) analysis (except for agriculture) for an
attainment date extension to 2006 for both standards. EPA's July 25,
2002, final action included approval of these elements of the MAG
plan. See EPA's proposed and final approval actions at 65 FR 19964
(April 13, 2000), 66 FR 50252 (October 2, 2001) and 67 FR 48718
(July 25, 2002). EPA revoked the annual PM-10 standard effective
December 18, 2006. 71 FR 61144 (October 17, 2006).
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    We proposed to approve the specified rules, resolutions and
measures in the Salt River plan and supplement because we determined
that they complied with the referenced CAA requirements. CAA section
189(b)(1)(B) requires serious area PM-10 plans to provide for the
implementation of Best Available Control Measures (BACM). CAA section
188(e) requires a state seeking an extension of a serious PM-10 area's
attainment deadline to demonstrate to our satisfaction that its serious
area plan includes the most stringent measures (MSM) that are included
in the implementation plan of any state or are achieved in practice in
any state and can be feasibly implemented in the area. Our proposed
action contains more information on the rules, resolutions and measures
and our evaluation of them.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received comments from Joy Herr-Cardillo,
Arizona Center for Law in the Public Interest (ACLPI). ACLPI's comment
letter and our response are summarized below. We also received a
comment letter from the Arizona Rock Products Association (ARPA) on our
proposed action as it relates to MCAQD Rule 316. Because, as explained
above, our final action does not include Rule 316, we are not
responding to ARPA's letter here.
    Comment: ACLPI comments that our proposed approval does not address
the contingency measures discussed in the Salt River plan. ACLPI states
that the two measures designated as contingency measures for the
Phoenix area in the Arizona State Implementation Plan are already
implemented, and that the purpose of contingency provisions is to
assure that the State will act promptly to protect public health if a
milestone for reasonable further progress or the attainment date is not
met. ACLPI notes that the attainment date for the Phoenix area is
December 31, 2006. ACLPI contends that the CAA envisions additional
measures which are automatically and immediately implemented if and
when the deadline is missed without additional EPA or state action.
ACLPI states that the fact that Arizona did not rely upon the existing
contingency measures in its attainment demonstration is not relevant.
ACLPI concludes that because the Salt River plan fails to include
meaningful contingency measures, it does not satisfy the CAA
requirements.
    Response: Our current action on the Salt River plan and supplement
is limited to the rules, resolutions and measures in these documents.
On June 6, 2007, we determined that the Phoenix area did not attain the
24-hour PM-10 standard by the required December 31, 2006, deadline. 72
FR 31183. Under CAA section 189(d), the State must therefore submit
plan revisions by December 31, 2007, that provide for ``attainment of
the PM-10 air quality standard and, from the date of such submission
until attainment, for an annual reduction in PM-10 or PM-10 precursor
emissions within the area of not less than 5 percent of the amount of
such emissions as reported in the most recent inventory prepared for
such area.'' In addition to the attainment demonstration and 5 percent
requirements, the plan must address all applicable requirements of the
CAA, including sections 110(a), 172(c), 176(c) and 189(c)(1).

III. EPA Action

    As discussed above, this action does not address MCAQD Rule 316.
With respect to the other submitted rules, resolutions and measures
that we proposed for approval on July 12, 2006 (71 FR 39251), and that
are listed in Table I above, we received no comments that change our
assessment that they comply with the applicable CAA requirements.
Therefore, as authorized in CAA section 110(k)(3), EPA is fully
approving the rules, resolutions and measures in Table I as meeting the
CAA requirements indicated therein.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255,

August 10, 1999). This action merely approves a state rule implementing
a Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of 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.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 22, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: July 12, 2007.
Keith Takata,
Acting Regional Administrator, Region IX.

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

PART 52--[AMENDED]

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

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

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraphs (c)(137) and (138)to
read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (137) The Administrator is approving the following elements of the
Revised PM-10 State Implementation Plan for the Salt River Area,
September 2005, submitted on October 7, 2005, by the Governor's
designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.
    (1) Rule 325, adopted on August 10, 2005.
    (2) Rule 310, revised on April 7, 2004.
    (3) Appendix C, ``Fugitive Dust Test Methods,'' adopted on June 16,
1999, and revised on April 7, 2004.
    (4) Appendix F, ``Soil Designations,'' adopted on April 7, 2004.
    (5) Resolution No. C-85-05-005-0-00: Resolution to Implement
Additional Measures for the Maricopa County, Arizona Serious PM-10
Nonattainment Area (including Exhibit A), adopted on January 19, 2005.
    (B) City of Apache Junction.
    (1) Resolution No. 04-24: A Resolution of the Mayor and City
Council of the City of Apache Junction, Arizona, Implementing Measures
to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 21, 2004.
    (C) City of Avondale.
    (1) Resolution No. 2448-04: A Resolution of the Council of the City
of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust
Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A),
adopted on September 20, 2004.
    (D) Town of Buckeye.
    (1) Resolution No. 58-04: A Resolution of the Mayor and Town
Council of the Town of Buckeye, Arizona, Implementing Measures to
Reduce Reentrained Dust Emission from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on November 16, 2004.
    (E) City of Chandler.
    (1) Resolution No. 3782: Resolution to Implement Measures to Reduce
Re-entrained Dust Emissions from Identified Paved Roads in Chandler As
Part of the Revised PM-10 State Implementation Plan for Air Quality
(including Exhibit A and Exhibit B), adopted on October 14, 2004.
    (F) City of El Mirage.
    (1) Resolution No. R04-10-54: A Resolution of the Mayor and City
Council of the City of El Mirage, Maricopa County, Arizona,
Implementing Measures to Reduce Re-entrained Dust Emissions from
Targeted Paved Roads in the Revised PM-10 State Implementation Plan for
the Salt River Area (including Exhibit A), adopted on October 28, 2004.
    (G) Town of Fountain Hills.
    (1) Resolution No. 2004-63: A Resolution of the Mayor and Council
of the Town of Fountain Hills, Arizona, Implementing Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved
Roads), adopted on November 18, 2004.
    (H) Town of Gilbert.
    (1) Resolution No. 2575: A Resolution of the Common Council of the
Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained
Dust Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A and
Town of Gilbert Protocol for Reducing PM-10 Emissions from ``High
Dust'' Paved Roads), adopted on March 29, 2005.
    (I) City of Glendale.
    (1) Resolution No. 3796 New Series: A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures
to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and

Glendale Targeted Street Sweeping Protocol to Reduce Dust Emissions),
adopted on September 14, 2004.
    (J) City of Goodyear.
    (1) Resolution No. 04-941: A Resolution of the Mayor and Council of
the City of Goodyear, Maricopa County, Arizona, to Authorize the City
Manager to Implement Measures to Reduce Reentrained Dust Emissions from
Targeted Paved Roads in the Revised PM-10 State Implementation Plan for
the Salt River Area (including Exhibit A and Protocol for Reducing
Reentrained Dust Emissions from Targeted Paved Roads), adopted on
October 25, 2004.
    (K) City of Mesa.
    (1) Resolution No. 8344: A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, Stating the City's Intent to
Implement Measures to Reduce Particulate Pollution (including Exhibit
A), adopted on October 4, 2004.
    (L) Town of Paradise Valley.
    (1) Resolution Number 1084: Resolution to Implement Measures to
Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 23, 2004.
    (M) City of Peoria.
    (1) Resolution No. 04-235: A Resolution of the Mayor and City
Council of the City of Peoria, Maricopa County, Arizona, Implementing
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and City of Peoria Targeted Paved Roadways Dust
Control Protocol, September 24, 2004), adopted on October 5, 2004.
    (N) City of Phoenix.
    (1) Resolution No. 20114: A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, City
of Phoenix 2004 Protocol and Implementation Plan for Paved Streets with
Potential for Dust Emissions, and Attachment A), adopted on June 16,
2004.
    (O) City of Scottsdale.
    (1) Resolution No. 6588: A Resolution of the Council of the City of
Scottsdale, Maricopa County Arizona, Authorizing Implementation of
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and Attachment 1--Protocol to Reduce
Reentrained Dust Emissions from Targeted Paved Roads), adopted on
December 6, 2004.
    (P) City of Surprise.
    (1) Resolution No. 04-163: A Resolution of the Mayor and Council of
the City of Surprise, Arizona, to Implement Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol), adopted on September 23, 2004.
    (Q) City of Tempe.
    (1) Resolution No. 2004.84: A Resolution of the Mayor and City
Council of the City of Tempe, Arizona, to Implement Measures to Reduce
Re-entrained Dust Emissions from Targeted Paved Roads in the Revised
PM-10 State Implementation Plan for the Salt River Area (including
Exhibit A and Protocol for Reducing Re-entrained Dust Emissions from
Targeted Paved Roads, September 30, 2004), adopted on September 30,
2004.
    (R) City of Tolleson.
    (1) Resolution No. 947: A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 28, 2004.
    (S) Town of Youngtown.
    (1) Resolution No. 05-01: Resolution to Implement Measures to
Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on January 20, 2005.
    (T) Arizona Department of Transportation.
    (1) Resolution to Implement Measures to Reduce Reentrained Dust
Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A and
Arizona Department of Transportation Plan to Reduce Reentrained Dust
Emissions from Targeted Paved Roads), adopted on September 17, 2004.
    (138) The Administrator is approving the following elements of the
Revised PM-10 State Implementation Plan for the Salt River Area,
Additional Submittals, September 2005, Additional Submittal in November
2005, submitted on November 29, 2005, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.
    (1) Rule 310.01, adopted on June 16, 1999, and revised on February
17, 2005.
    (2) Application for Dust Control Permit, adopted on June 22, 2005.
    (3) Guidance for Application for Dust Control Permit, adopted on
June 22, 2005.
* * * * *
 [FR Doc. E7-16223 Filed 8-20-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Notices]
[Page 66523-66524]
[DOCID:fr15no06-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0886; FRL-8242-1]

Draft Certification Procedures for Light-Duty Diesel Vehicles and
Heavy-Duty Diesel Engines Using Selective Catalyst Reduction (SCR)
Technologies for Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is requesting comment on draft guidance discussing our
intended approach for the certification of light-duty diesel vehicles
and heavy-duty diesel engines using selective catalyst reduction (SCR)
systems to meet EPA emissions standards.

DATES: Comments must be received on or before December 15, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0886, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, Attention Docket ID No. EPA-HQ-OAR-
2006-0886.
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2006-
0886, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: USEPA, Air Docket, 1301 Constitution Ave,
NW., Room B102, Washington, DC 20004, Attention Docket ID No. EPA-HQ-
OAR-2006-0886. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0886. Our policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
.

    The http://www.regulations.gov Web site is an ``anonymous access''

system, which means we will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to us without going through http://www.regulations.gov
, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, we recommend that you include your name and other contact
information in the body of your comment and with any disk or CD you
submit. If we cannot read your comment due to technical difficulties
and cannot contact you for clarification, we may not be able to
consider your comment. Electronic files should avoid the use of special
characters, should not use any form of encryption, and should be free
of any defects or viruses. For additional information about our public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
 For additional instructions on submitting

comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: 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., CBI or other information
for which 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 Air

Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Linc Wehrly, Environmental Protection
Agency, 2565 Plymouth Road; telephone number:<PHONE_NUMBER>; fax number:
734-214-4053; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit CBI to us through http://www.regulations.gov
 or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD that you mail to EPA, mark the outside of the disk or CD as CBI and
then identify electronically within the disk or CD the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rule or notice by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
    3. Docket Copying Costs. You may be charged a reasonable fee for
photocopying docket materials, as provided by 40 CFR part 2.

II. Manufacturer Guidance Certification Procedure for Light-Duty Diesel
Vehicles Using Selective Catalyst Reduction (SCR) Technologies

A. Background

    On February 10, 2000, EPA published the Tier 2 emission standards
for light-duty vehicles and trucks. These standards established common,
``fuel neutral'' emission requirements for gasoline and diesel
vehicles. They also set common standards for all passenger cars, light
trucks, and medium-duty passenger vehicles. The Tier 2 standards allow
emission averaging and require new vehicles to meet an average
NOX emission level of 0.07 grams per mile (g/mi). On January
18, 2001, EPA published a rule setting stringent new requirements for
heavy-duty highway engines and vehicles starting in 2007. Manufacturers
plan to meet these requirements by optimizing engine designs for low
emissions and adding high-efficiency aftertreatment. The diesel engine
NOX standard, which is phased-in between model years 2007
and 2010, is 0.20 grams per brake horsepower-hour (g/bhp-hr).
    Diesel engine and vehicle manufacturers have examined the use of
several different types of NOX reduction technologies in
order to meet these requirements. One type of NOX reducing
technology, selective catalyst reduction (SCR), is of particular
interest to diesel manufacturers because it can achieve as high as 90%
NOX conversion efficiencies. An SCR system uses a nitrogen
containing reducing agent (usually ammonia or urea) injected into the
exhaust gas upstream of the catalyst. The reducing agent needs to be
periodically replenished. Without the reducing agent, the efficiency of
the SCR catalyst drops to zero and NOX emissions can
potentially increase substantially.
    EPA intends to issue guidance to vehicle and engine manufacturers
to discuss our intended approach for the certification of light-duty
diesel vehicles and heavy-duty engines using SCR systems. In advance of
issuing this guidance, EPA is requesting comment on the various
elements of this draft approach to ensure that the public can provide
input to EPA regarding this issue.
    EPA has place the draft guidance document in EPA Air Docket EPA-HQ-
OAR-2006-0886. Interested parties should submit comments according to
the guidelines described at the beginning of this notice. After fully
considering comments received, we will issue a final guidance document.

    Dated: November 6, 2006.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
 [FR Doc. E6-19264 Filed 11-14-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53352-53353]
[FR Doc No: 2020-18923]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2694-000]

Icon Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Icon Energy LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 10, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.

    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: August 21, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-18923 Filed 8-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16251-16253]
[FR Doc No: 2019-07756]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER18-2118-001; ER10-1846-009; ER10-1849-015; ER10-
1852-021; ER10-1855-009; ER10-1887-015; ER10-1920-017; ER10-1928-017;
ER10-1952-015; ER10-1961-015; ER10-1994-009; ER10-1995-010; ER10-2551-
010; ER10-2720-017; ER11-2642-010; ER11-4428-017; ER11-4462-030; ER12-
1228-017; ER12-1880-016; ER12-2227-015; ER12-569-016; ER12-895-015;
ER13-2474-011; ER13-712-017; ER14-2707-012; ER14-2708-013;

ER14-2709-012; ER14-2710-012; ER15-1925-009; ER15-2676-008; ER15-30-
010; ER15-58-010; ER16-1440-006; ER16-1672-006; ER16-2190-005; ER16-
2191-005; ER16-2240-006; ER16-2241-005; ER16-2275-005; ER16-2276-005;
ER16-2297-005; ER16-2453-006; ER17-2152-002; ER17-838-005; ER18-1981-
001; ER18-2003-001; ER18-2032-001; ER18-2066-001; ER18-2067-002; ER18-
2182-001; ER18-2314-002; ER18-882-001.
    Applicants: Armadillo Flats Wind Project, LLC, Baldwin Wind, LLC,
Blackwell Wind, LLC, Brady Interconnection, LLC, Brady Wind, LLC, Brady
Wind II, LLC, Breckinridge Wind Project, LLC, Cedar Bluff Wind, LLC,
Chaves County Solar, LLC, Cimarron Wind Energy, LLC, Cottonwood Wind
Project, LLC, Day County Wind, LLC, Elk City Wind, LLC, Elk City
Renewables II, LLC, Ensign Wind, LLC, Florida Power & Light Company,
FPL Energy Burleigh County Wind, LLC, FPL Energy Cowboy Wind, LLC, FPL
Energy Oklahoma Wind, LLC, FPL Energy Sooner Wind, LLC, FPL Energy
South Dakota Wind, LLC, Gray County Wind Energy, LLC, High Majestic
Wind Energy Center, LLC, High Majestic Wind II, LLC, Kingman Wind
Energy I, LLC, Kingman Wind Energy II, LLC, Lorenzo Wind, LLC, Mammoth
Plains Wind Project, LLC, Minco Wind, LLC, Minco Wind II, LLC, Minco
Wind III, LLC, Minco Wind Interconnection Services, LLC, Minco Wind IV,
LLC, Minco IV & V Interconnection, LLC, Minco Wind V, LLC, Ninnescah
Wind Energy, LLC, Osborn Wind Energy, LLC, Palo Duro Wind Energy, LLC,
Palo Duro Wind Interconnection Services, LLC, Pratt Wind, LLC, Roswell
Solar, LLC, Rush Springs Wind Energy, LLC, Seiling Wind, LLC, Seiling
Wind II, LLC, Seiling Wind Interconnection Services, LLC, Sholes Wind
Energy, LLC, Steele Flats Wind Project, LLC, Wessington Wind Energy
Center, LLC, Wildcat Ranch Wind Project, LLC, Wilton Wind II, LLC, NEPM
II, LLC, NextEra Energy Marketing, LLC.
    Description: Amendment to December 28, 2018 Triennial Market Power
Update for the Southwest Power Pool, Inc. Region of the NextEra
Companies.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5082.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER18-2337-003.
    Applicants: Blackstone Wind Farm, LLC.
    Description: Compliance filing: Compliance filing from April Order
to be effective 10/28/2018.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5008.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-605-003.
    Applicants: Republic Transmission, LLC.
    Description: Tariff Amendment: Republic Transmission, LLC
Deficiency Filing ER19-605 to be effective 2/26/2019.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5142.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-1561-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2019-04-11 RDRR Dispatch
Clarification Amendment to be effective 6/11/2019.
    Filed Date: 4/11/19.
    Accession Number: 20190411-5142.
    Comments Due: 5 p.m. ET 5/2/19.

    Docket Numbers: ER19-1562-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2019-04-11 RAAIM Exempted
Outages Amendment to be effective 6/17/2019.
    Filed Date: 4/11/19.
    Accession Number: 20190411-5149.
    Comments Due: 5 p.m. ET 5/2/19.

    Docket Numbers: ER19-1563-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Sec.  205(d) Rate Filing: Energy Storage Filing 4-11-
2019 to be effective 4/24/2019.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5001.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-1564-000.
    Applicants: Spruance Genco, LLC.
    Description: Petition for Limited Waiver of Tariff Deadlines, et
al. of Spruance Genco, LLC.
    Filed Date: 4/11/19.
    Accession Number: 20190411-5163.
    Comments Due: 5 p.m. ET 5/2/19.

    Docket Numbers: ER19-1565-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Notice of Cancellation of Conforming Service
Agreements (AEP SA Nos. 17 and 162) of Duke Energy Carolinas, LLC.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5047.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-1566-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Notice of Cancellation of Conforming Service Agreement
(SA No. 999C) of Duke Energy Florida, LLC.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5048.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-1567-000.
    Applicants: Duke Energy Beckjord, LLC.
    Description: Tariff Cancellation: Duke Energy Beckjord Tariff
Cancellation to be effective 6/12/2019.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5190.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-1568-000.
    Applicants: Duke Energy SAM, LLC.
    Description: Tariff Cancellation: Cancellation of Tariff ID to be
effective 6/12/2019.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5193.
    Comments Due: 5 p.m. ET 5/3/19.

    Docket Numbers: ER19-1569-000.
    Applicants: Virginia Electric and Power Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Dominion submits revisions
to OATT, Att. H-16A re: M&S Inventory Component to be effective 6/15/
2019.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5198.
    Comments Due: 5 p.m. ET 5/3/19.

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

    Docket Numbers: ES19-20-000.
    Applicants: Monongahela Power Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue or Borrow Securities, et al. of Monongahela
Power Company.
    Filed Date: 4/11/19.
    Accession Number: 20190411-5161.
    Comments Due: 5 p.m. ET 5/2/19.

    Docket Numbers: ES19-21-000.
    Applicants: DTE Electric Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of DTE Electric Company.
    Filed Date: 4/12/19.
    Accession Number: 20190412-5094.
    Comments Due: 5 p.m. ET 5/3/19.

    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: April 12, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-07756 Filed 4-17-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36140-36141]
[FR Doc No: 2016-13145]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-0449; Airspace Docket No. 16-ASW-2]

Amendment of Class E Airspace; Clovis, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Portales Municipal Airport, Clovis, NM.
Decommissioning of the Portales non-directional radio beacon (NDB),
cancellation of NDB approaches at Portales Municipal Airport, and
implementation of area navigation (RNAV) procedures have made this
action necessary for the safety and management of Instrument Flight
Rules (IFR) operations at the airport. This action also updates the
geographic coordinates for Portales Municipal Airport to coincide with
the FAA's aeronautical database.

DATES: Effective 0901 UTC, September 15, 2016. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Portales Municipal Airport,
Clovis, NM.

History

    On March 11, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify Class E airspace
extending upward from 700 feet above the surface at Portales Municipal
Airport, Clovis, NM (81 FR 12847). 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 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface at Portales Municipal Airport, Clovis, NM. With the
decommissioning of the Portales NDB, removal of NDB approaches, and
implementation of area navigation (RNAV) instrument approaches, the FAA
is reducing the airspace from an 8-mile radius to a 6.6-mile radius of
the airport in accordance with airspace requirements specified in FAA
Joint Order 7400.2K. The geographic coordinates for Portales Municipal
Airport are also being updated to coincide with the FAA's aeronautical
database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

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

Lists 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 part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

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

ASW NM E5 Clovis, NM [Amended]

Clovis, Cannon AFB, NM
    (Lat. 34[deg]22'58'' N., long. 103[deg]19'20'' W.)
Portales Municipal Airport, NM
    (Lat. 34[deg]08'44'' N., long. 103[deg]24'37'' W.)
Texico VORTAC
    (Lat. 34[deg]29'42'' N., long. 102[deg]50'23'' W.)

    That airspace extending upward from 700 feet above the surface
within a 20-mile radius of Cannon AFB, and within a 6.6-mile radius
of Portales Municipal Airport, and within 8 miles north and 4 miles
south of the 072[deg] radial of the Texico VORTAC extending from the
20-mile radius to 16 miles east of the VORTAC.

    Issued in Fort Worth, Texas, on May 25, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-13145 Filed 6-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[Rules and Regulations]
[Page 79295-79296]
[DOCID:fr20de10-8]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510 and 524

[Docket No. FDA-2010-N-0002]

New Animal Drugs; Mupirocin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by Taro Pharmaceuticals U.S.A., Inc. The
ANADA provides for veterinary prescription use of mupirocin ointment
for the treatment of bacterial skin infections in dogs.

DATES: This rule is effective December 20, 2010.

FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for
Veterinary

Medicine (HFV-170), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Taro Pharmaceuticals U.S.A., Inc., 3 Skyline
Dr., Hawthorne, NY 10532, filed ANADA 200-457 that provides for
veterinary prescription use of Mupirocin Ointment USP, 2% for the
treatment of bacterial skin infections in dogs. Taro Pharmaceuticals
U.S.A., Inc.'s Mupirocin Ointment USP, 2% is approved as a generic copy
of Pfizer, Inc.'s BACTODERM Ointment approved under NADA 140-839. The
ANADA is approved as of November 29, 2010, and the regulations are
amended in 21 CFR 524.1465 to reflect the approval.
    In addition, Taro Pharmaceuticals U.S.A., Inc., has not been
previously listed in the animal drug regulations as a sponsor of an
approved application. Accordingly, the tables in 21 CFR 510.600(c) are
being amended to add entries for this firm.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    The Agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Part 524

    Animal drugs.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510 and
524 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In Sec.  510.600, in the table in paragraph (c)(1) alphabetically
add an entry for ``Taro Pharmaceuticals U.S.A., Inc.''; and in the
table in paragraph (c)(2) numerically add an entry for ``051672'' to
read as follows:

Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of
approved applications.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                           Drug labeler
                  Firm name and address                        code
------------------------------------------------------------------------

                                * * * * *
Taro Pharmaceuticals U.S.A., Inc., 3 Skyline Dr.,                 051672
 Hawthorne, NY 10532....................................

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

    (2) * * *

------------------------------------------------------------------------
        Drug labeler code                  Firm name and address
------------------------------------------------------------------------

                                * * * * *
051672...........................  Taro Pharmaceuticals U.S.A., Inc., 3
                                    Skyline Dr., Hawthorne, NY 10532.

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

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  524.1465  [Amended]

0
4. In paragraph (b) of Sec.  524.1465, remove ``Nos. 000069 and
025463'' and in its place add ``Nos. 000069, 025463, and 051672''.

    Dated: December 10, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-31870 Filed 12-17-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]
[Page 65009-65010]
[DOCID:fr21oc10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-584]

Duke Energy Carolinas, LLC; Notice of Application for Amendment
of License and Soliciting Comments, Motions To Intervene, and Protests

October 13, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for non-project use of project
lands and waters.
    b. Project No: 2232-584.
    c. Date Filed: September 23, 2010.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Catawba-Wateree Hydroelectric Project.
    f. Location: Lake Wylie in Mecklenburg County, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kelvin Reagan, P.O. Box 1006, Charlotte,
North Carolina, 28201-1006. Tel:<PHONE_NUMBER>.
    i. FERC Contact: Mark Carter, telephone<PHONE_NUMBER>, and e-mail
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 15, 2010.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site (http://www.ferc.gov)
under the ``e-filing'' link. The Commission strongly encourages
electronic filings.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please include the project number (P-2232-584) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, it
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Application: The licensee requests Commission
approval to grant DR Horton, Inc. (applicant) a lease of 2.26 acres of
project lands for use as a residential marina to serve off-water
residents of the Vineyards on Lake Wylie. The proposed marina would
consist of six cluster docks (to accommodate 48 watercraft), a boat
ramp, a courtesy dock, and a canoe launch dock. Additionally, the
applicant would install riprap along 1,625 feet of shoreline, and
remove 6,130 cubic yards of sediment from the reservoir.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2232) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the project number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be

obtained by agencies directly from the Applicant. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments. One copy of an agency's comments must
also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-26480 Filed 10-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68297-68299]
[FR Doc No: 2011-27772]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1036; Directorate Identifier 2010-SW-088-AD;
Amendment 39-16819; AD 2011-20-08]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. (Agusta) Model AB139 and
AW139 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) for
the specified Agusta model helicopters. This action requires inspecting
certain modules and related connectors for corrosion. If there is
corrosion on the connectors, this AD requires cleaning the connectors
before further flight. If there is corrosion on a module, before
further flight, this AD requires replacing the module with an airworthy
module. This AD also requires modifying the Number 2 Modular Avionic
Unit (MAU) ventilation duct. This amendment is prompted by some in-
flight emergencies due to internal corrosion of the MAU circuit card
assemblies. The actions specified in this AD are intended to detect
corrosion of certain modules to prevent the display of misleading data
to the flight crew, disengagement of the flight director modes of the
autopilot or other alert system, increased workload of the flight crew,
and subsequent loss of control of the helicopter.

DATES: Effective November 21, 2011.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 21, 2011.
    Comments for inclusion in the Rules Docket must be received on or
before January 3, 2012.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate (VA),
Italy, telephone 39 0331-229111, fax 39 0331-229605/222595, or at
http://customersupport.agusta.com/technical_advice.php.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>, fax
(817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2010-0189, dated September 23, 2010, to correct an unsafe condition
for the Agusta Model AB139 and AW139 helicopters. EASA advises of some
in-flight emergencies resulting from internal corrosion of the MAU2
circuit card assemblies. Analysis of the in-flight emergencies
identified salt water and extreme moisture as contributory factors. The
corrosion resulted from the MAU2 being exposed to external moisture as
a result of the ventilation duct installation that routes external air
directly on the MAU2 modules. When exposed to high levels of moisture,
EASA states the MAU can cause the system to provide false indications
or misleading data to be displayed to the flight crew. Also, misleading
data may cause disengagement of the flight director modes of the
autopilot or other alerting system anomalies. They also state that
these failures and anomalies would significantly increase the workload
of the flight crew and could ultimately lead to loss of control of the
helicopter.

Related Service Information

    Agusta has issued Bollettino Tecnico No. 139-166, dated April 6,
2009 (BT), which specifies inspecting the MAU2 cards to ensure they are
corrosion free. Also, the BT specifies procedures for modifying to
reroute the direct flow of air coming from the ventilation duct outlet
MAU2 ventilation away from the MAU2 cabinet and modules. EASA
classified this service information as mandatory and issued AD No.
2010-0189, dated September 23, 2010, to ensure the continued
airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, their technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs.

Differences Between This AD and the EASA AD

    We do not require reporting inspection results nor coordinating
with the manufacturer in returning modules as indicated in the BT that
EASA

references. Also, we have used a different compliance time for the
action.

FAA's Determination and Requirements of This AD

    This unsafe condition is likely to exist or develop on other
helicopters of the same type design. Therefore, this AD is being issued
to detect corrosion of certain modules, to prevent the display of
misleading data, disengagement of the flight director modes of the
autopilot or other alert system anomalies, increased workload of the
flight crew, and subsequent loss of control of the helicopter. This AD
requires, at a specified interval, inspecting certain modules and
related connectors for corrosion. If there is corrosion on the
connectors, this AD requires cleaning the connectors before further
flight. If there is corrosion on a module, this AD requires replacing
the module with an airworthy module. This AD also requires modifying
the MAU2 ventilation duct.
    The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
controllability of the helicopter. Therefore, inspecting, replacing, or
modifying certain modules is required within a very short compliance
time, 30 hours time-in-service or 1 month, whichever occurs first, so
this AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.

Costs of Compliance

    We estimate that this AD will affect about 26 helicopters of U.S.
registry. We also estimate that it will take 6 work hours to remove,
inspect the modules for corrosion, and replace the corroded modules,
and 2 work hours to reroute the ventilation tube. The average labor
rate is $85 per work-hour. Required parts will cost about $360,738 per
helicopter to replace corroded modules and $440 for parts to modify the
ventilation tube. Based on these figures, we estimate the cost of this
AD on U.S. operators is $361,858 per helicopter or $9,408,308 for the
U.S. fleet, assuming the modules would be replaced on the entire fleet.

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2011-1036; Directorate
Identifier 2010-SW-088-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

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

Authority for This Rulemaking

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2011-20-08 AGUSTA S.p.A.: Amendment 39-16819; Docket No. FAA-2011-
1036; Directorate Identifier 2010-SW-088-AD.

    Applicability: Models AB139 and AW139 helicopters, serial number
(S/N) 31005 through S/N 31157 (except S/Ns 31007, 31094 and 31149)
and S/N 41001 through S/N 41023, certificated in any category.
    Compliance: Within 30 hours time-in-service (TIS) or 30 days,
whichever occurs earlier, unless done previously:
    To detect corrosion of certain modules, to prevent the display
of misleading data to the flight crew, disengagement of the flight
director modes of the autopilot or other alert system, increased
workload of the flight crew, and subsequent loss of control of the
helicopter, do the following:
    (a)(1) Remove the following items related to the Numbers 1 and 2
Modular Avionics Unit (MAU):
    (i) Power supply (PS) module, part number (P/N) 7024440-1901;
    (ii) Custom Input/Output (CSIO) module, P/N 7025410-1901;
    (iii) Control Input/Output (CIO) module, P/N 7026534-1902;
    (iv) MAU cabinet; and
    (2) Inspect the PS, CSIO, CIO, and MAU cabinet and all related
connectors for corrosion.
    (i) If there is corrosion on a connector, before further flight,
clean the connector.

    (ii) If there is corrosion on a module, before further flight,
replace the module with an airworthy module.
    (b) Modify the Number 2 MAU ventilation duct by following the
Compliance Instructions, paragraphs 6 through 11, of Agusta
Bollettino Tecnico No. 139-166, dated April 6, 2009 (BT).
    (c) Install and operationally test the Number 1 and Number 2
MAUs and the related PS module, CSIO module, CIO module, MAU
cabinet, and all related connectors.
    (d) Reinstall the AFT right float assembly or the lower panel,
P/N 3P5340A01631, whichever was removed during the modification
process required by paragraph (b) of this AD.
    (e) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, ATTN: George Schwab,
Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety
Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.
    (f) The Joint Aircraft System/Component (JASC) Code is 3425:
Navigation, Integrated Flight Director System.
    (g) Modifying the ventilation duct shall be done by following
specified portions of Agusta Bollettino Tecnico No. 139-166, dated
April 6, 2009. The Director of the Federal Register approved this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies may be obtained from Agusta, Via Giovanni
Agusta, 520 21017 Cascina Costa di Samarate (VA), Italy, telephone
39 0331-229111, fax 39 0331-229605/222595, or at http://customersupport.agusta.com/technical_advice.php. Copies may be
inspected at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas, or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (h) This amendment becomes effective on November 21, 2011.

    Note: The subject of this AD is addressed in the European
Aviation Safety Agency (Italy) AD No. 2010-0189, dated September 23,
2010.

    Issued in Fort Worth, Texas, on August 29, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-27772 Filed 11-3-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 72061-72063]
[FR Doc No: 2019-28085]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87829; File No. SR-PEARL-2019-35]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 100, Definitions, Exchange Rule 503, Openings on the Exchange,
Exchange Rule 515, Execution of Orders, Exchange Rule 516, Order Types,
and Exchange Rule 521, Nullification and Adjustment of Options
Transactions Including Obvious Errors

December 20, 2019.
    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 December 19, 2019, MIAX PEARL, LLC (``MIAX PEARL'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Rule 100, Definitions;
Exchange Rule 503, Openings on the Exchange; Exchange Rule 515,
Execution of Orders; Exchange Rule 516, Order Types; and Exchange Rule
521, Nullification and Adjustment of Options Transactions Including
Obvious Errors.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. 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 amend Exchange Rule 100, Definitions;
Exchange Rule 503, Openings on the Exchange; Exchange Rule 515,
Execution of Orders; Exchange Rule 516, Order Types; and Exchange Rule
521, Nullification and Adjustment of Options Transactions Including
Obvious Errors, to make non-substantive edits to update internal cross
references in the Exchange's rulebook.
    The Exchange is an affiliate of the Miami International Securities
Exchange, LLC (``MIAX'') and incorporates by reference a number of MIAX
Exchange rules into its rulebook. MIAX Exchange recently amended Rule
1400, Definitions, found in Chapter XIV of the MIAX Exchange rules,
which are

its rules pertaining to the Options Order Protection and Locked and
Crossed Market Plan.\3\ The MIAX Exchange adopted a definition for
Complex Trade which, when inserted into its proper alphabetical
position in MIAX Exchange Rule 1400, caused the subsequent following
definitions to be renumbered (e.g., the existing subparagraph (d)
became new subparagraph (e); existing subparagraph (e) became new
subparagraph (f), etc . . .). As a result of the change to the MIAX
Exchange Rule 1400, a number of internal cross references contained in
the Exchange's rulebook must be updated.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 87693 (December 9,
2019), 84 FR 68264 (December 13, 2019) (SR-MIAX-2019-48).
---------------------------------------------------------------------------

    Specifically, the internal cross-reference to Eligible Exchanges in
the definition of ABBO or Away Best Bid or Offer, in Exchange Rule 100,
must be updated from Rule 1400(f) to Rule 1400(g). The internal cross-
reference to Eligible Exchanges in Exchange Rule 503(a)(5) must be
updated from Rule 1400(f) to Rule 1400(g). The internal cross-reference
to the NBBO in Exchange Rule 515(a) must be updated from Rule 1400(j)
to Rule 1400(k). The internal cross-reference to Intermarket Sweep
Orders in Exchange Rule 516(f) must be updated from Rule 1400(h) to
Rule 1400(i). Similarly in Rule 516(f) the internal cross-references to
Protected Quotations and Eligible Exchanges must be updated from
1400(p) and (f) to 1400(q) and (g) respectively. Lastly, in Rule
516(f), the internal cross-reference to Protected Bid or Protected
Offer must be updated from 1400(o) to 1400 (p). Finally, the internal
cross-reference to the Options Order Protection and Locked/Crossed
Market Plan in Exchange Rule 521(j) must be updated from Rule 1400(n)
to Rule 1400(o).
    The Exchange believes that these non-substantive changes will add
clarity and precision to the Exchange's rules.
2. Statutory Basis
    MIAX PEARL believes that its proposed rule change is consistent
with Section 6(b) of the Act \4\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \5\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed non-substantive rule
changes to update internal cross-references within the Exchange's Rules
promotes just and equitable principles of trade and removes impediments
to and perfects the mechanism of a free and open market and a national
market system and, in general, protects investors and the public
interest by providing additional clarity and precision in the
Exchange's rules. The Exchange believes it is in the public interest
for rules to be accurate and precise so as to eliminate the potential
for confusion.

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 Act.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition as the proposed change is
non-substantive in nature. The non-substantive edits to update internal
cross-references in the Exchange's rulebook provides precision and
accuracy in the Exchange's rules.
    The Exchange does not believe that the proposed rule change will
impose any burden on intramarket competition as the non-substantive
edits to update internal cross-references in the Exchange's rulebook
provide additional detail and clarity in the Exchange's rules, which
apply equally to all Exchange Members.\6\
---------------------------------------------------------------------------

    \6\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of the MIAX
PEARL Rules for purposes of trading on the Exchange as an
``Electronic Exchange Member'' or ``Market Maker.'' Members are
deemed ``members'' under the Exchange Act. See Exchange Rule 100.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and subparagraph (f)(6) of Rule 19b-4
thereunder.
    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \7\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \8\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. Waiver
of the operative delay would allow the Exchange to immediately
harmonize its rules to MIAX Options to ensure that the internal cross-
references in the Exchange's rulebook are correct. Therefore, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ For purposes only of waiving the 30-day operative delay, the
Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 necessary or
appropriate in the public interest, for the protection of investors, or
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 change should be approved or
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 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-PEARL-2019-35 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-PEARL-2019-35. 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-PEARL-2019-35 and should be submitted on
or before January 21, 2020.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-28085 Filed 12-27-19; 8:45 am]
BILLING CODE 8011-01-P