[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]
[Page 29899-29901]
[DOCID:fr28my10-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2007-93; FRL-9156-5]
RIN NA2040

Withdrawal of Federal Antidegradation Policy for all Waters of
the United States Within the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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SUMMARY: EPA is taking final action on a 2008 proposal to withdraw the
Federal antidegradation policy for all waters of the United States
within the Commonwealth of Pennsylvania. We are withdrawing the Federal
antidegradation policy to allow Pennsylvania to implement its own
antidegradation policy. Pennsylvania has adequately demonstrated that
its antidegradation policy protects all waters of the United States at
a level consistent with the Federal requirements under the Clean Water
Act. Therefore, the Federal antidegradation policy is redundant.

DATES: This final rule is effective on June 28, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OW-2007-93. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy at the OW Docket Center. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (202)
566-2426, and the Docket address is OW Docket, EPA West, Room 3334,
1301 Constitution Ave., NW., Washington, DC 20004. 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>.

FOR FURTHER INFORMATION CONTACT: Janita Aguirre at EPA Headquarters,
Office of Water (4305T), 1200 Pennsylvania Ave., NW., Washington, DC
20460 (telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER> or e-mail:
<EMAIL_ADDRESS>or Denise Hakowski at EPA Region 3 (3WP30),
1650 Arch Street, Philadelphia, Pennsylvania 19103 (telephone: 215-814-
5726, fax:<PHONE_NUMBER> or e-mail: hakowski.denise@epa.gov).

SUPPLEMENTARY INFORMATION:

I. Potentially Affected Entities

    Citizens concerned with water quality in Pennsylvania may be
interested in this rulemaking. Entities discharging pollutants to the
surface waters of Pennsylvania could be indirectly affected by this
rulemaking since water quality standards are used in determining
National Pollutant Discharge Elimination System (NPDES) permit limits.
Because this action withdraws a redundant Federal antidegradation
policy, the effect of this rulemaking should be insignificant.
Categories and entities which may ultimately be affected include:

Category...............................  Examples of potentially
                                          affected entities.
Industry...............................  Industries discharging
                                          pollutants to surface waters
                                          in Pennsylvania.
Municipalities.........................  Publicly-owned treatment works
                                          discharging pollutants to
                                          surface waters in
                                          Pennsylvania.

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding NPDES-regulated entities likely to be
affected by this action. This table lists the types of entities that
EPA is now aware could potentially be affected by this action.

II. Background

    Section 303 (33 U.S.C. 1313) of the Clean Water Act (CWA or Act)
directs States, with oversight by EPA, to adopt water quality standards
to protect the public health and welfare, enhance the quality of water
and serve the purposes of the CWA. Under section 303, States are
required to develop water quality standards for their navigable waters,
and Section 303(c) and EPA's implementing regulations at 40 CFR part
131 require State and Tribal water quality standards to include the
designated use or uses to be made of the waters, water quality criteria
sufficient to protect those uses, and an antidegradation policy. Under
the CWA and EPA's regulations, States are required to review their
water quality standards at least once every three years and, if
appropriate, revise or adopt new standards. The results of this
triennial review must be submitted to EPA, and EPA must approve or
disapprove any new or revised standards. Section 303(c) of the CWA
authorizes the EPA Administrator to promulgate water quality standards
to supersede State standards that EPA has disapproved or in any case
where the Administrator determines that a new or

revised standard is needed to meet the CWA's requirements.
    In June 1994, EPA disapproved Pennsylvania's antidegradation
regulation after determining the regulation was not consistent with the
Federal antidegradation regulation found at 40 CFR 131.12. When the
Pennsylvania Department of Environmental Protection (PADEP) did not act
within the statutory timeframe to address EPA's findings, EPA
promulgated a Federal antidegradation policy for all waters of the
United States within the Commonwealth of Pennsylvania at 40 CFR 131.32
on December 9, 1996 (61 FR 64816). In August 1999, PADEP submitted to
EPA revisions to its antidegradation policy found in 25 Pa. Code
Chapter 93. On March 17, 2000, EPA approved most of the revisions to
Pennsylvania's regulations as meeting the requirements of Federal
regulations at 40 CFR 131.12(a)(1) and 131.12(a)(2), but withheld
action on Section 93.4b, PADEP's Exceptional Value (EV) Waters
designation, or Tier 3, until PADEP ensured that EV designated waters
would be protected at the level consistent with Federal regulations at
40 CFR 131.12(a)(3). In 2003, PADEP published ``Water Quality
Antidegradation Implementation Guidance'' (Document Number 391-0300-
002). In it, PADEP provides guidance to its staff and information to
help the regulated community and the public understand the
implementation of the antidegradation policy in Pennsylvania. Based on
a review of the document in combination with the PADEP's
antidegradation regulation, EPA approved PADEP's antidegradation policy
for Tier 3 waters on March 7, 2007. Because Pennsylvania now has an
EPA-approved antidegradation policy meeting the Federal requirements at
40 CFR 131.12, the Federal antidegradation regulation promulgated by
EPA for Pennsylvania is no longer needed and EPA is withdrawing it with
this action.

III. Statutory and Executive Order Review

A. Executive Order 12866 (Regulatory Planning and Review)

    This action withdraws Federal requirements applicable in
Pennsylvania and imposes no regulatory requirements or costs on any
person or entity. It does not interfere with the action or planned
action of another agency, and does not have any budgetary impacts or
raise novel legal or policy issues. Thus, it has been determined that
this rule is not a ``significant regulatory action'' under the terms of
Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore
not subject to Office of Management and Budget (OMB) review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
because it is administratively withdrawing Federal requirements that no
longer need to apply in Pennsylvania. However, the Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations 40 CFR part 131
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2040-0049. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, generally requires an agency to prepare a regulatory flexibility
analysis of a rule that is subject to notice and comment rulemaking
requirements under the Administrative Procedure Act or any other
statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
This action imposes no regulatory requirements or costs on any small
entity. Therefore, I certify that this action will not have a
significant impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title III of the Unfunded Mandates Reform Act (UMRA) (Pub. L. 104-
4) establishes requirements for Federal agencies to assess the effects
of their regulatory actions on State, Tribal, and local governments and
the private sector. Today's rule contains no Federal mandates (under
the regulatory provisions of Title II of the UMRA) for State, Tribal,
or local governments or the private sector because it imposes no
enforceable duty on any of these entities. Thus, today's rule is not
subject to the requirements of UMRA sections 202 and 205 for a written
statement and small government agency plan.
    Similarly, EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments and is therefore not subject to UMRA section 203.

E. Executive Order 13132 (Federalism)

    This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this action.

F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

    This rule does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule
imposes no regulatory requirements or costs on any Tribal government.
It does not have substantial direct effects on Tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045 (Protection of Children From Environmental
Health and Safety Risks)

    This rule is not subject to E.O. 13045, entitled ``Protection of
Children from Environmental Risks and Safety Risks'' (62 FR 19885,
April 23, 1997) because it is not economically significant and EPA has
no reason to believe the environmental health or safety risks addressed
by this action present a disproportionate risk to children.

H. Executive Order 13211 (Actions That Significantly Affect Energy
Supply, Distribution or Use)

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use

available and applicable voluntary consensus standards.
    The requirements of section 12(d) of the NTTAA do not apply because
this rule does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.

J. Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations)

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. As explained above, EPA has approved Pennsylvania's
antidegradation policy because it is consistent with 40 CFR 131.12.
This rule withdraws a redundant antidegradation policy.

K. Congressional Review Act

    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 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.
804(2). This rule will be effective on June 28, 2010.

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: May 21, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 131--WATER QUALITY STANDARDS

0
1. The authority citation for part 131 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

Sec.  131.32  [Removed and Reserved]

0
2. Section 131.32 is removed and reserved.

[FR Doc. 2010-12933 Filed 5-27-10; 8:45 am]
BILLING CODE 6560-50-P


From:  Allen Dittenhoefer<EMAIL_ADDRESS>Sent: Friday, April 23, 2021 8:01 AM To:  Woody, Matthew<EMAIL_ADDRESS>Cc: Owen, Chris<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Contact<EMAIL_ADDRESS>Subject:  0.0787 Factor in F' Spreadsheet

Matt,   In reference to your question during yesterday's call, page 5 of the attached document we prepared on November 24, 2020 describes the origin of the 0.0787 factor, which represents the tangent of 4.5 degrees:   "In the formula, the air column thickness, Wside, along each battery side (push and coke sides) increases at a 4.5-degree angle from the base of the battery to the battery top, based on vertical plate heat transfer theory:                           Wside = H * Tan(4.5[o]) = H * (0.0787)                                               The air column cross-sectional area is equal to the column thickness at the battery top times the battery length."   Feel free to contact me if you have any further questions.   Regards,   Allen C. Dittenhoefer, Ph.D. Principal

  Montrose Environmental 45 U.S. Highway 46 East Suite 601 Pine Brook, NJ 07058 Direct:<PHONE_NUMBER> (Ext. 12705) Mobile<PHONE_NUMBER> <EMAIL_ADDRESS>www.envplanning.com

<< Buoyancy Parameter Derivation FINAL 112420.pdf >>


[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Rules and Regulations]
[Pages 50844-50846]
[FR Doc No: 2021-19651]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31389; Amdt. No. 3974]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This rule is effective September 13, 2021. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 13, 2021.

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

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

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

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

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on September 3, 2021.
Wade E.K. Terrell,
Manager (A), Aviation Safety, Flight Standards Service, Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
CFR part 97, (is amended by amending Standard Instrument Approach
Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES Manager (A),

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

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

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

Effective Upon Publication

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      AIRAC Date           State             City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-Oct-21..............  OH           Painesville.........  Concord Airpark.....       1/4019      7/26/21  This NOTAM, published in Docket No. 31387,
                                                                                Amdt No. 3972, TL 21-21, (86 FR 48497;
                                                                                August 31, 2021) is hereby rescinded in its
                                                                                entirety.
7-Oct-21..............  MN           Minneapolis.........  Flying Cloud........       1/0975      8/19/21  VOR RWY 10R, Amdt 9B.
7-Oct-21..............  MN           Minneapolis.........  Flying Cloud........       1/0980      8/19/21  COPTER ILS OR LOC RWY 10R, Amdt 1A.
7-Oct-21..............  OH           Chillicothe.........  Ross County.........       1/1613      8/20/21  RNAV (GPS) RWY 23, Amdt 1B.
7-Oct-21..............  OH           Chillicothe.........  Ross County.........       1/1614      8/20/21  VOR RWY 23, Amdt 3E.
7-Oct-21..............  MO           Washington..........  Washington Rgnl.....       1/1626      8/20/21  RNAV (GPS) RWY 15, Amdt 2.
7-Oct-21..............  MO           Washington..........  Washington Rgnl.....       1/1627      8/20/21  VOR-A, Amdt 2.
7-Oct-21..............  CA           Needles.............  Needles.............       1/1656      8/20/21  RNAV (GPS) RWY 29, Orig.
7-Oct-21..............  CA           Needles.............  Needles.............       1/1657      8/20/21  VOR-A, Amdt 3.
7-Oct-21..............  WI           Rhinelander.........  Rhinelander-Oneida         1/1661      8/20/21  ILS OR LOC RWY 9, Amdt 8C.
                                                            County.
7-Oct-21..............  WI           Rhinelander.........  Rhinelander-Oneida         1/1662      8/20/21  VOR/DME RWY 27, Orig-H.
                                                            County.
7-Oct-21..............  WI           Rhinelander.........  Rhinelander-Oneida         1/1663      8/20/21  RNAV (GPS) RWY 15, Amdt 1C.
                                                            County.
7-Oct-21..............  WI           Rhinelander.........  Rhinelander-Oneida         1/1664      8/20/21  RNAV (GPS) RWY 9, Amdt 1C.
                                                            County.

7-Oct-21..............  WI           Rhinelander.........  Rhinelander-Oneida         1/1665      8/20/21  RNAV (GPS) RWY 33, Amdt 1B.
                                                            County.
7-Oct-21..............  WI           Rhinelander.........  Rhinelander-Oneida         1/1666      8/20/21  RNAV (GPS) RWY 27, Amdt 1C.
                                                            County.
7-Oct-21..............  NE           Ogallala............  Searle Fld..........       1/7383      8/17/21  RNAV (GPS) RWY 31, Orig-C.
7-Oct-21..............  NE           Ogallala............  Searle Fld..........       1/7385      8/17/21  RNAV (GPS) RWY 8, Amdt 2C.
7-Oct-21..............  NE           Ogallala............  Searle Fld..........       1/7393      8/17/21  RNAV (GPS) RWY 26, Amdt 2C.
7-Oct-21..............  KY           Williamsburg........  Williamsburg-Whitley       1/7409      8/20/21  LOC RWY 20, Orig-D.
                                                            County.
7-Oct-21..............  KY           Williamsburg........  Williamsburg-Whitley       1/7411      8/20/21  VOR RWY 20, Orig-D.
                                                            County.
7-Oct-21..............  MN           Minneapolis.........  Flying Cloud........       1/8648      8/30/21  ILS OR LOC RWY 10R, Amdt 3C.
7-Oct-21..............  IL           Quincy..............  Quincy Rgnl-Baldwin        1/8699      8/23/21  ILS OR LOC RWY 4, Amdt 17B.
                                                            Fld.
7-Oct-21..............  IL           Quincy..............  Quincy Rgnl-Baldwin        1/8700      8/23/21  NDB RWY 4, Amdt 17A.
                                                            Fld.
7-Oct-21..............  OK           Woodward............  West Woodward.......       1/8990      8/17/21  RNAV (GPS) RWY 17, Orig-A.
7-Oct-21..............  OK           Woodward............  West Woodward.......       1/8991      8/17/21  RNAV (GPS) RWY 35, Orig-A.
7-Oct-21..............  OK           Woodward............  West Woodward.......       1/8992      8/17/21  VOR/DME-A, Amdt 7A.
7-Oct-21..............  AK           Nenana..............  Nenana Muni.........       1/9009      8/17/21  RNAV (GPS) RWY 4L, Amdt 1A.
7-Oct-21..............  AK           Nenana..............  Nenana Muni.........       1/9010      8/17/21  NDB RWY 4L AMDT 3C.
7-Oct-21..............  GA           Baxley..............  Baxley Muni.........       1/9024      8/18/21  RNAV (GPS) RWY 26, Amdt 1B.
7-Oct-21..............  GA           Baxley..............  Baxley Muni.........       1/9025      8/18/21  RNAV (GPS) RWY 8, Amdt 1B.
7-Oct-21..............  GA           Baxley..............  Baxley Muni.........       1/9026      8/18/21  NDB RWY 8, Amdt 2B.
7-Oct-21..............  CA           Chino...............  Chino...............       1/9035      8/17/21  ILS OR LOC RWY 26R, Amdt 8A.
7-Oct-21..............  CA           Chino...............  Chino...............       1/9036      8/17/21  RNAV (GPS) RWY 26R, Orig-D.
7-Oct-21..............  CA           Chino...............  Chino...............       1/9038      8/17/21  VOR RWY 26R, Orig.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-19651 Filed 9-10-21; 8:45 am]
BILLING CODE 4910-13-P


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ûÿ2BJ#|xÐ°°ÐÐÐÐÐØ	pÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ°ÐÐÃÃFrom: ÄÄÁØ	Ø	ÁDeborah Bartram
ÃÃTo:ÄÄÁØ	Ø	ÁFred Holt;  Robin R. Bryson
ÃÃDate: ÄÄÁØ	Ø	ÁMon, Nov 26, 2007 12:56 PM
ÃÃSubject: ÄÄÁØ	Ø	ÁRE: Steam Electric Data Request Response Followup

ÐÐ°`	¸hÀpÈ 	x
Ð (#€%Ø'0*ˆ,à.813è5@8˜:ð<H? AøCPF¨HKXM°OR`T¸VYh[À]`°ÐÐFred,
Thank you for your response.  We would appreciate discussing your responses at your earliest convenience, and would be able to have more than one call to address the responses for the different plants as the information is available, if that helps.  In addition, if it would help you in preparing responses to have a preliminary discussion to talk through any of our questions, please let me know.
Deb

_____________________________________________________
Deb Bartram
Vice President
ERG
14555 Avion Parkway, Suite 200
Chantilly, VA 20151
(703) 633-1669
(703) 263-7479 fax
<EMAIL_ADDRESS>
>>> "Holt, Fred"<EMAIL_ADDRESS>11/26/2007 12:40:27 PM >>>

Hi.  We will have to send these questions out to the applicable plants in order to obtain responses.  Also both Robin and myself are unavailable this week and most of next week.  Looks like week of Dec. 10th would be the earliest we could get any responses together.  Is that OK or should we try to work something partial in before then?

Fred Holt
Progress Energy
Environmental, Health and Safety Services Section
Mail Code PEB 4
VNet 770-5286
Public Phone<PHONE_NUMBER>
<EMAIL_ADDRESS>-----Original Message-----
From: Deborah Bartram<EMAIL_ADDRESS>Sent: Monday, November 26, 2007 11:24 AM
To: Holt, Fred; Bryson, Robin R.
Cc: Josh Hall; Ron Jordan
Subject: Fwd: Steam Electric Data Request Response Followup

Fred,
I am resending this because of a typo in the original email address to you.  Apologies!
Deb Bartram

_____________________________________________________
Deb Bartram
Vice President
ERG
14555 Avion Parkway, Suite 200
Chantilly, VA 20151
(703) 633-1669
(703) 263-7479 fax
<EMAIL_ADDRESS>
>>> Deborah Bartram 11/26/2007 11:09:29 AM >>>

Mr. Holt,

I am with Eastern Research Group, the contractor supporting EPA on the ÃÃData Request for the Steam Electric Power Generating IndustryÄÄ.  Thank you very much for your data request response.  I have reviewed your response and would like to discuss with you some of the information you provided to ensure that we have an accurate understanding of your plant processes.  I have attached a list of questions for each of your plants that I would like to discuss with you by phone.  Please let me know if you are available for a phone call this week either on Wednesday (11/28) before 3 p.m., or Friday (11/30) after 11 a.m.  If these times are not convenient for you, or if you would like additional time to investigate the questions, please suggest alternative dates and times for the call.  Please feel free to contact me by phone or email with questions.  Thank you in advance for your time.

Deb Bartram

_____________________________________________________
Deb Bartram
Vice President
ERG
14555 Avion Parkway, Suite 200
Chantilly, VA 20151
(703) 633-1669
(703) 263-7479 fax
<EMAIL_ADDRESS>

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ÃÃCC:ÄÄÁØ	Ø	ÁJosh Hall;  Ron Jordan


[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50716-50719]
[FR Doc No: 2017-23737]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81957; File No. SR-BatsEDGA-2017-28]

Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Reflect in the Exchange's Governing Documents, Rulebook and Fee
Schedule, a Non-Substantive Corporate Branding Change, Including
Changes to the Company's Name, the Intermediate's Name, and the
Exchange's Name

October 26, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 16, 2017, Bats EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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 a rule change with respect to amendments of
the Second Amended and Restated Certificate of Incorporation (the
``Company's Certificate'') and Third Amended and Restated Bylaws (the
``Company's Bylaws'') of its parent corporation, CBOE Holdings, Inc.
(``CBOE Holdings'' or the ``Company'') to change the name of the
Company to Cboe Global Markets, Inc. With respect to CBOE V, LLC, an
intermediate Holding Company of the Exchange (the ``Intermediate''),
the Exchange proposes to amend the Certificate of Formation and Limited
Liability Company Operating Agreement of CBOE V, LLC (the ``Operating
Agreement''), in connection with a related name change for the
Intermediate. The Exchange also proposes to amend its Second Amended

and Restated Certificate of Incorporation (the ``Exchange
Certificate''), Seventh Amended and Restated Bylaws of Bats EDGA
Exchange, Inc. (the ``Exchange Bylaws''), rulebook and fee schedule
(collectively ``operative documents'') in connection with the name
change of its parent Company, Intermediate, and the Exchange.
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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
Background
    The purpose of this filing is to reflect in the Exchange's
governing documents (and the governing documents of its parent company,
CBOE Holdings) and the Exchange's rulebook and fees schedules, a non-
substantive corporate branding change, including changes to the
Company's name, the Intermediate's name, and the Exchange's name.
Particularly, references to Company's, Intermediate's and Exchange's
names will be deleted and revised to state the new names, as described
more fully below. No other substantive changes are being proposed in
this filing. The Exchange represents that these changes are concerned
solely with the administration of the Exchange and do not affect the
meaning, administration, or enforcement of any rules of the Exchange or
the rights, obligations, or privileges of Exchange members or their
associated persons is any way. Accordingly, this filing is being
submitted under Rule 19b-4(f)(3). In lieu of providing a copy of the
marked name changes, the Exchange represents that it will make the
necessary non-substantive revisions described below to the Exchange's
corporate governance documents, rulebook, and fees schedules, and post
updated versions of each on the Exchange's Web site pursuant to Rule
19b-4(m)(2).
The Company's Name Change
    In connection with the corporate name change of its parent company,
the Exchange is proposing to amend the Company's Certificate and
Bylaws. Specifically, the Company is changing its name from ``CBOE
Holdings, Inc.'' to ``Cboe Global Markets, Inc.''.
(a) Company's Certificate
    The Exchange proposes to (i) delete the following language from
Paragraph (1) of the introductory paragraph: ``The name of the
Corporation is CBOE Holdings, Inc.'' and (ii) amend Article First of
the Company's Certificate to reflect the new name, ``Cboe Global
Markets, Inc.'' The Exchange also proposes to add clarifying language
and cite to the applicable provisions of the General Corporation Law of
the State of Delaware in connection with the proposed name change. The
Exchange notes that it is not amending the Company's name in the title
or signature line as the name changes will not be effective until the
Company, as currently named, files the proposed changes in Delaware.
Thereafter, the Exchange will amend the Certificate to reflect the new
name in the title and signature line. The Exchange also notes that
although the name of ``Chicago Board Options Exchange, Incorporated''
is changing to ``Cboe Exchange Inc.'', it is not amending the name of
Chicago Board Options Exchange, Incorporated (``CBOE'') referenced in
Article Fifth(a)(iii) at this time. Particularly, the Exchange notes
that unlike the exception applicable to proposed changes to the
Company's name,\3\ a vote of stockholders is required to adopt an
amendment to the reference of CBOE's name. As such, the Exchange will
submit a rule filing to amend the Certificate to reflect the new CBOE
name at such time it is ready to obtain stockholder approval.
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    \3\ See Section 242(b) of the General Corporation Law of the
State of Delaware.
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(b) Company's Bylaws
    With respect to the Company's Bylaws, references to ``CBOE
Holdings, Inc.'' will be deleted and revised to state ``Cboe Global
Markets, Inc.'' The Exchange also proposes to eliminate the reference
to ``Chicago Board Options Exchange, Incorporated'' in Article 10,
Section 10.2. Particularly, Section 10.2 provides that ``for so long as
the Corporation shall control, directly or indirectly, any national
securities exchange, including, but not limited to Chicago Board
Options Exchange, Incorporated (a ``Regulated Securities Exchange
Subsidiary''), before any amendment, alteration or repeal of any
provision of the Bylaws shall be effective, such amendment, alteration
or repeal shall be submitted to the board of directors of each
Regulated Securities Exchange Subsidiary, and if such amendment,
alteration or repeal must be filed with or filed with and approved by
the Securities and Exchange Commission, then such amendment, alteration
or repeal shall not become effective until filed with or filed with and
approved by the Securities and Exchange Commission, as the case may
be.'' As the Company currently controls a number of Regulated
Securities Exchange Subsidiaries, it does not believe it is necessary
to explicitly reference only Chicago Board Options Exchange,
Incorporated and therefore proposes to delete the following language:
``including, but not limited to Chicago Board Options Exchange,
Incorporated''.
The Intermediate's Name Change
    For purposes of consistency, certain of the Parent's subsidiaries
have also undertaken to change their legal names. As a result, the
Exchange also proposes to change the name of the Intermediate from
``CBOE V, LLC'' to ``Cboe Bats, LLC.''
(a) Certificate of Formation
    As it relates to the Certificate of Formation of CBOE V, LLC,
references to ``CBOE V, LLC'' will be deleted and revised to state its
new name ``Cboe Bats, LLC''. The Exchange also proposes to add
clarifying and conforming language in order to conform to, as well as
cite to, the applicable provisions of the General Corporation Law of
the State of Delaware in connection with the proposed name change. The
Exchange notes to conform with the revised language in the introductory
paragraph, it also proposes to amend references to ``LLC'' to ``limited
liability company''. The Exchange also notes that it is not amending
the Intermediate's name in the title or signature line as the name
changes will not be effective until the Intermediate, as currently
named, files the proposed changes in Delaware.\4\

Thereafter, the Exchange will amend the Certificate of Formation to
reflect the new name in the title and signature line.
---------------------------------------------------------------------------

    \4\ The Exchange notes that the current signature block of the
Certificate of Formation references ``CBOE Holdings, Inc.'' instead
of ``CBOE V, LLC''. The Exchange proposes to correct that reference
and refer to ``CBOE V, LLC'', which as noted, will be changed to
``Cboe Bats, LLC'' at a later date.
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(b) Operating Agreement
    As it relates to the Operating Agreement of the Intermediate,
references to ``CBOE V, LLC'' will be deleted and revised to state its
new name ``Cboe Bats, LLC'' and references to ``CBOE Holdings, Inc.''
will be deleted and revised to state ``Cboe Global Markets, Inc.''. The
Exchange also proposes to add clarifying and conforming language in
connection with the proposed name change, including new Section 12.5
(``Effect of Amendment''), which provides that the ``Agreement amends,
restates and supersedes the Original Agreement in all respects. From
and after the date hereof, this Agreement shall be the limited
liability company operating agreement of the Company for all
purposes.''
The Exchange's Name Change
    For purposes of consistency, certain of the Parent's subsidiaries
have also undertaken to change their legal names. As a result, the
Exchange also proposes to change its name from ``Bats EDGA Exchange,
Inc.'' to ``Cboe EDGA Exchange, Inc.'' throughout its rules, fees
schedules and corporate documents. Additionally, the Exchange notes
that its affiliated exchanges Bats BYX Exchange, Inc., Bats BZX
Exchange, Inc., Bats EDGX Exchange, Inc., Chicago Board Options
Exchange, Incorporated, C2 Options Exchange, Incorporated, and ``CBOE
Futures Exchange, LLC'' (collectively the ``affiliates'') have also
proposed name changes to Cboe BYX Exchange, Inc., Cboe BZX Exchange,
Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Cboe C2 Exchange,
Inc. and Cboe Futures Exchange, LLC, respectively. Lastly, the Exchange
is changing the name of ``Bats Trading, Inc.'' to ``Cboe Trading,
Inc.''
    Therefore, the Exchange proposes to amend its: (i) Second Amended
and Restated Certificate of Incorporation of Bats EDGA Exchange, Inc.,
(ii) Seventh Amended and Restated Bylaws of Bats EDGA Exchange, Inc.,
(iii) Rulebook, (iv) Fee Schedule for EDGA Equities (collectively, the
``Operative Documents'') to reflect the name changes.
(a) Exchange's Certificate
    The Exchange proposes to (i) delete the following language from the
introductory paragraph: ``The name of the Corporation is Bats EDGA
Exchange, Inc.'' and (ii) amend Article First of the Exchange's
Certificate to reflect the new name, ``Cboe EDGA Exchange, Inc.''. The
Exchange also proposes to add clarifying language and cite to the
applicable provisions of the General Corporation Law of the State of
Delaware in connection with the proposed name change. The Exchange
notes that it is not amending the Exchange's name in the title or
signature line as the name changes will not be effective until the
Exchange, as currently named, files the proposed changes in Delaware.
Thereafter, the Exchange will amend the Certificate to reflect the new
name in the title and signature line.
(b) Exchange's Bylaws
    For the Exchange's Bylaws, all references to ``Bats EDGA Exchange,
Inc.'' will be deleted and revised to state ``Cboe EDGA Exchange,
Inc.''.
(c) Exchange's Rulebook
    For the Rules of Bats EDGA Exchange, Inc., all references to ``Bats
EDGA Exchange, Inc.'' will be deleted and revised to state ``Cboe EDGA
Exchange, Inc.''. Additionally, the Exchange's affiliates are also
filing similar rule filings to change their names, as noted above. As
such, all references to ``Bats BYX Exchange, Inc.'', ``Bats EDGX
Exchange, Inc.'', ``Bats BZX Exchange, Inc.'', ``C2 Options Exchange,
Incorporated'',\5\ ``Chicago Board Options Exchange, Incorporated'' and
``CBOE Futures Exchange, LLC'' in the EDGA's rules will likewise be
deleted and revised to state ``Cboe BYX Exchange, Inc.'', ``Cboe EDGX
Exchange, Inc.'', ``Cboe BZX Exchange, Inc.'', ``Cboe C2 Exchange,
Inc.'', ``Cboe Exchange, Inc.'' and ``Cboe Futures Exchange, LLC'',
respectively. The Exchange notes that references to ``Bats Exchange''
will be deleted and revised to state ``Cboe Bats Exchange''.
Additionally, all references to ``CBOE Holdings, Inc.'' will be deleted
and revised to state ``Cboe Global Markets, Inc.''. All references to
``Bats One'' will be deleted and revised to state ``Cboe One'' and all
references to ``Bats Connect'' will be deleted and revised to state
``Cboe Connect''. The Exchange will also delete references to ``Bats
Trading, Inc.'' and ``Bats Trading'' and replace it with references to
``Cboe Trading, Inc.'' and ``Cboe Trading'', respectively.
---------------------------------------------------------------------------

    \5\ The Exchange notes that the EDGA rules refer to ``C2 Options
Exchange, Incorporated'' as ``C2 Options Exchange, Inc.'' in Rule
2.3.
---------------------------------------------------------------------------

(d) Exchange's Fee Schedule
    For the EDGA Equities Fee Schedule, any reference to ``Bats EDGA
Exchange'' will be deleted and revised to state ``Cboe EDGA Exchange''.
Additionally, all references to ``Bats One'' will be deleted and
revised to state ``Cboe One'' and all references to ``Bats Connect''
will be deleted and revised to state ``Cboe Connect''.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed change is a non-substantive change and
does not impact the governance, ownership or operations of the
Exchange. The Exchange believes that by ensuring that its parent
company's governance documents and the Exchanges operative documents
accurately reflect the new legal names, the proposed rule change would
reduce potential investor or market participant 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 proposed rule change is
not intended to address competitive issues but rather is concerned
solely with updating the Company's and Exchange's governance and
operative documents to reflect the abovementioned name changes.

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

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

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

    Pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(3)
thereunder,\9\ the Exchange has designated this proposal as one that is
concerned solely with the administration of the self-regulatory
organization, and therefore has become effective.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    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 will 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 protected]. Please include
File Number SR-BatsEDGA-2017-28 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGA-2017-28. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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-BatsEDGA-2017-28 and should
be submitted on or before November 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23737 Filed 10-31-17; 8:45 am]
 BILLING CODE 8011-01-P