[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1766-1767]
[FR Doc No: 2012-320]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66110; File No. SR-NYSEArca-2012-01]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Fee Schedule Changing the Monthly Fees for the Use of
Ports That Provide Connectivity to Its Equity Trading Systems

January 5, 2012.
    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 January 3, 2012, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Fee Schedule
(``Fee Schedule'') to change the monthly fees for the use of ports that
provide connectivity to its equity trading systems. The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to change the
monthly fees for the use of ports that provide connectivity to its
equity trading systems.
    Currently, the monthly fee for ports is $100 per pair per month up
to five pairs, then $500 for each additional five pairs.\3\ For
example, the fee for seven pairs of ports is $1,000 per month. Billing
for ports is based on the number of ports on the third business day
prior to the end of the month. The level of activity with respect to a
particular port does not affect the assessment of monthly fees, so even
if a particular port that is available to a participant is not used,
the participant is still billed for that port.
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    \3\ See Securities Exchange Act Release No. 63056 (October 6,
2010), 75 FR 63233 (October 14, 2010) (SR-NYSEArca-2010-87) (the
``Adopting Release'').
---------------------------------------------------------------------------

    The Exchanges proposes that the new fee would be $300 per pair per
month up to five pairs, then $1,500 for each additional five pairs. For
example, the fee for seven pairs of ports would be $3,000 per month.
The Exchange notes that billing for ports would continue to be based on
the number of ports on the third business day prior to the end of the
month. In addition, the level of activity with respect to a particular
port would still not affect the assessment of monthly fees, so even if
a participant does not use a particular port that is available to the
participant, the participant would still be billed for that port.
    Finally, as stated in the Adopting Release,\4\ the port fee is
charged per participant. The Exchange proposes to clarify in the Fee
Schedule that per participant means per ETP ID, as ETP

Holders may have more than one unique ETP ID.\5\
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    \4\ See supra note 3.
    \5\ The Exchange has a Common Customer Gateway (``CCG'') that
accesses the equity trading systems that it shares with its
affiliates, New York Stock Exchange LLC (``NYSE'') and NYSE Amex LLC
(``NYSE Amex''), and all ports connect to the CCG. See, e.g.,
Securities Exchange Act Release No. 64544 (May 25, 2011), 76 FR
31668 (June 1, 2011) (SR-NYSEArca-2011-12). In the instance when an
NYSE member organization is also an NYSE Amex member organization
and it shares its ports, the same member is charged port fees based
on the total number of ports connected to the CCG, whether they are
used to trade on NYSE, NYSE Amex, or both because those trading
systems are integrated. The Exchange's trading platform is not
integrated in the same manner; therefore, it does not share its
ports with NYSE or NYSE Amex. An ETP Holder is charged for each ETP
identifier it uses to access the Exchange's trading systems via a
port connected to the CCG.
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    The Exchange proposes to make the rule change operative on January
3, 2012.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\6\ in general, and Section 6(b)(4) of the Act,\7\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange believes
that the proposal constitutes an equitable allocation of fees because
all similarly situated member organizations and other market
participants would be charged the same amount. In addition, access to
the Exchange's market would be offered on fair and non-discriminatory
terms.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    With respect to the increase in port fees, the proposed fee
increase for ports is expected to offset increasing connectivity costs,
including additional costs based on gateway software and hardware
enhancements and resources dedicated to gateway development, quality
assurance, and support. The Exchange believes that its fees are
competitive with those charged by other venues, and that, in some
cases, its fee for port connectivity is less expensive than many of its
primary competitors.\8\
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    \8\ See e.g., NASDAQ OMX Price List--Trading & Connectivity,
available at www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
The Exchange notes that the charge for connectivity to Nasdaq's NY-
Metro and Mid-Atlantic Datacenters is $500 per port pair/month
(there is a separate charge for their Pre-Trade Risk Management
ports which fees are capped at $25,000). See e.g., BZX Exchange Fee
Schedule, available at www.batstrading.com/FeeSchedule. The Exchange
notes that BZX charges $400 per month per pair (primary and
secondary data center) of any logical port other than a Multicast
PITCH Spin Server Port or GRP Port, but does provide multicast PITCH
customers 12 free pairs of Multicast PITCH Spin Server Ports, and,
if such ports are used, one free pair of GRP Ports; $400.00 per
month per additional set of 12 pairs of Multicast PITCH Spin Server
Ports or additional pair of GRP Ports. However, the Multicast PITCH
Spin Server Ports and GRP ports relate to market data dissemination
while the proposed port fee charge relates to connectivity to the
Exchange, therefore the proposed fee change will still be lower to
the equivalent BZX port fee charge of $400 per month per pair for a
logical port.
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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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Arca.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.

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-NYSEArca-2012-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-01. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-01 and should
be submitted on or before February 1, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-320 Filed 1-10-12; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Page 45577]
[FR Doc No: 2016-16601]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78259; SR-NYSEArca-2015-93]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 1
Thereto, Relating to Listing and Trading of Shares of the Cumberland
Municipal Bond ETF Under NYSE Arca Equities Rule 8.600

July 8, 2016.
    On November 24, 2015, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the Cumberland Municipal Bond ETF, a series of the ETFis
Series Trust I. The proposed rule change was published for comment in
the Federal Register on December 14, 2015.\3\ On December 29, 2015, the
Exchange submitted Amendment No. 1 to the proposed rule change.\4\ On
January 21, 2016, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\6\ On March 10, 2016, the Commission instituted proceedings
under Section 19(b)(2)(B) of the Act \7\ to determine whether to
approve or disapprove the proposed rule change, as modified by
Amendment No. 1 thereto.\8\ On June 7, 2016, the Commission issued a
notice of designation of a longer period for Commission action on
proceedings to determine whether to approve or disapprove the proposed
rule change, as modified by Amendment No. 1 thereto.\9\ The Commission
received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76590 (Dec. 8,
2015), 80 FR 77384 (``Notice'').
    \4\ In Amendment No. 1, the Exchange clarified that each
Municipal Bond (as defined herein) held by the Fund must be a
constituent of a deal where the deal's original offering amount was
at least $100 million, clarified whether certain securities would be
exchange-traded or over-the-counter, deleted a statement relating to
redemption of Shares, clarified pricing information for certain
assets, and corrected a typographical error. Amendment No. 1, which
amended and replaced the original proposal in its entirety, is
available on the Commission's Web site at: http://www.sec.gov/comments/sr-nysearca-2015-93/nysearca201593-1.pdf.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 76955, 81 FR 4724
(Jan. 27, 2016). See also Securities Exchange Act Release No. 76955A
(Mar. 2, 2016), 81 FR 12174 (Mar. 8, 2016) (correcting the date to
``March 11, 2016'' as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether
to disapprove, the proposed rule change).
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 77340, 81 FR 14163
(Mar. 16, 2016).
    \9\ See Securities Exchange Act Release No. 78003, 81 FR 38258
(Jun. 13, 2016).
---------------------------------------------------------------------------

    On June 29, 2016, the Exchange withdrew the proposed rule change
(SR-NYSEArca-2015-93).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-16601 Filed 7-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Notices]
[Pages 18846-18847]
[FR Doc No: 2012-7392]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0003: Internal Agency Docket No. FEMA-B-1242]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before June 26, 2012.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1242, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at
www.fema.gov/pdf/media/factsheets/2010/srp_fs.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Gunnison County, Colorado, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.bakeraecom.com/index.php/region-viii/preliminary-map-products/
------------------------------------------------------------------------
City of Gunnison.......................  City Hall, 201 West Virginia
                                          Avenue, Gunnison, CO 81230.
Town of Crested Butte..................  Town Hall, 507 Maroon Avenue,
                                          Crested Butte, CO 81224.
Town of Marble.........................  Blackstock Government Center,
                                          221 North Wisconsin Street,
                                          Gunnison, CO 81230.
Town of Pitkin.........................  Town Hall, 801 State Street,
                                          Pitkin, CO 81241.
Unincorporated Areas of Gunnison County  Gunnison County Courthouse, 200
                                          East Virginia Avenue,
                                          Gunnison, CO 81230.
------------------------------------------------------------------------

           Pottawattamie County, Iowa, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionVII/PottawatomieCountyIowa/Preliminary%20Maps/Forms/AllItems.aspx
------------------------------------------------------------------------
City of Avoca..........................  City Hall, 201 North Elm
                                          Street, Avoca, IA 51521.
City of Carson.........................  City Hall, 316 South Commercial
                                          Street, Carson, IA 51525.
City of Council Bluffs.................  Community Development Center,
                                          403 Willow Avenue, Council
                                          Bluffs, IA 51503.
City of Hancock........................  City Hall, 202 North Main
                                          Street, Hancock, IA 51536.
City of Macedonia......................  City Hall, 322 Main Street,
                                          Macedonia, IA 51549.
City of Minden.........................  City Hall, 207 Main Street,
                                          Minden, IA 51553.
City of Neola..........................  City Hall, 105 3rd Street,
                                          Neola, IA 51559.
City of Oakland........................  City Hall, 101 North Main
                                          Street, Oakland, IA 51560.
City of Treynor........................  City Hall, 7 South Eyeberg
                                          Avenue, Treynor, IA 51575.
City of Underwood......................  City Hall, 218 2nd Street,
                                          Underwood, IA 51576.
City of Walnut.........................  City Hall, 229 Antique City
                                          Drive, Walnut, IA 51577.
Unincorporated Areas of Pottawattamie    Pottawattamie County
 County.                                  Courthouse, 227 South 6th
                                          Street, Council Bluffs, IA
                                          51501.
------------------------------------------------------------------------
             Ottawa County, Michigan, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/RMFY10MIOttawaCountyLower%20Grand%20RiverOPMR/Preliminary%20Maps/Forms/AllItems.aspx
------------------------------------------------------------------------
Charter Township of Allendale..........  Township Office, 6676 Lake
                                          Michigan Drive, Allendale, MI
                                          49401.
Charter Township of Georgetown.........  Georgetown Township Office,
                                          1515 Baldwin Street, Jenison,
                                          MI 49428.
Charter Township of Tallmadge..........  Tallmadge Township Office, O-
                                          1451 Leonard Street Northwest,
                                          Grand Rapids, MI 49534.
------------------------------------------------------------------------
            Curry County, New Mexico, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.rampp-team.com/nm.htm
------------------------------------------------------------------------
City of Clovis.........................  Administrative Office, 321
                                          North Connelly Street, Clovis,
                                          NM 88101.
Unincorporated Areas of Curry County...  Curry County Administrative
                                          Office, 700 North Main Street,
                                          Clovis, NM 88101.
------------------------------------------------------------------------
        Orangeburg County, South Carolina, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.dnr.sc.gov/water/flood/comaps.html
------------------------------------------------------------------------
City of Orangeburg.....................  Building Inspection Division,
                                          152 Market Street, Orangeburg,
                                          SC 29116.
Town of Bowman.........................  Town Hall, 100 Reeseville Road,
                                          Bowman, SC 29018.
Town of Branchville....................  Town Office, 7644 Freedom Road,
                                          Branchville, SC 29432.
Town of Elloree........................  Town Hall, 2719 Cleveland
                                          Street, Elloree, SC 29047.
Town of Eutawville.....................  Town Hall, 419 Porcher Avenue,
                                          Eutawville, SC 29048.
Town of Holly Hill.....................  Town Hall, 8807 Old State Road,
                                          Holly Hill, SC 29059.
Town of Norway.........................  Town Hall, 8438 Savannah
                                          Highway, Norway, SC 29113.
Town of Rowesville.....................  Town Hall, 129 Rowes Pump
                                          Drive, Rowesville, SC 29133.
Unincorporated Areas of Orangeburg       County Administration Building,
 County.                                  1437 Amelia Street,
                                          Orangeburg, SC 29116.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 13, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-7392 Filed 3-27-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Page 36130]
[FR Doc No: 2021-14590]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2279-000]

Iron Star Wind Project, 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
Iron Star Wind Project, 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 July 21, 2021.
    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://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. 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: July 1, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14590 Filed 7-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1726-1728]
[FR Doc No: 2012-31364]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1124; Directorate Identifier 2012-CE-041-AD;
Amendment 39-17304; AD 2012-26-09]
RIN 2120-AA64

Airworthiness Directives; Burkhart GROB Luft- und Raumfahrt GmbH
Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Burkhart GROB Luft- und Raumfahrt GmbH Models GROB G 109 and GROB G
109B sailplanes. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as corrosion
and/or cracking of the elevator control rod that could lead to failure
of the elevator control rod with consequent loss of control. We are
issuing this AD to require actions to address the unsafe condition on
these products.

DATES: This AD is effective February 13, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 13,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.

    For service information identified in this AD, contact Grob
Aircraft AG, Lettenbachstrasse 9, D-86874 Tussenhausen-Mattsies,
Germany; phone: +49 (0) 8268 998 139; fax: +49 (0) 8268 998 200; email:
<EMAIL_ADDRESS>Internet: www.grob-aircraft.com/62.html. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 22, 2012 (77
FR 64437). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Corroded and cracked elevator control road in the vertical fin
on a Grob G 109B powered sailplane has been reported.
    The technical investigation revealed that water had soaked into
the elevator control rod through a control bore hole and resulted in
corrosion damage and, in case of water freeze between the external
control rod and the internal mass balance, in crack of the elevator
control rod in the vertical fin.
    This condition, if not detected and corrected, could lead to
failure of the elevator control rod, possibly resulting in loss of
control of the sailplane.
    To address this unsafe condition, Grob Aircraft AG published
Service Bulletin (MSB) 817-64 providing instructions for elevator
control rod inspection and replacement.
    For the reasons described above, this AD requires accomplishment
of inspections of the elevator control rod in the vertical fin and,
depending on finding, its replacement with a serviceable part, as
well as a revision of powered sailplane Aircraft Maintenance Manual
(AMM).

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 64437, October 22,
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 64437, October 22, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 64437, October 22, 2012).

Costs of Compliance

For Model G109 Sailplanes

    We estimate that this AD will affect 31 products of U.S. registry.
We also estimate that it would take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $5,270, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $680, for a cost of
$765 per product. We have no way of determining the number of products
that may need these actions.

For Model G109B Sailplanes

    We estimate that this AD will affect 28 products of U.S. registry.
We also estimate that it would take about 3.5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $78 per product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $10,514, or $375.50 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $738, for a cost of
$823 per product. We have no way of determining the number of products
that may need these actions.

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.

Regulatory Findings

    We 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 this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 64437, October 22,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2012-26-09 Burkhart Grob Luft-Und: Amendment 39-17304; Docket No.
FAA-2012-1124; Directorate Identifier 2012-CE-041-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 13,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Burkhart GROB Luft-und Raumfahrt GmbH Models
GROB G 109 and GROB G 109B sailplanes, all serial numbers,
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as corrosion and/or
cracking of the elevator control rod. We are issuing this AD to
detect and correct corrosion and/or cracking of the elevator control
rod, which could lead to failure of the elevator control rod with
consequent loss of control.

 (f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 25 hours time-in-service (TIS) after
February 13, 2013 (the effective date of this AD) or within the next
60 days after February 13, 2013 (the effective date of this AD),
whichever occurs first, and repetitively thereafter at intervals not
to exceed every 5 years, inspect the elevator control rod in the
vertical fin for corrosion or cracking following the accomplishment
instructions in Grob Aircraft AG Service Bulletin No. MSB817-64/2,
dated September 6, 2012.
    (2) For the purposes of this AD, we define slight corrosion as
corrosion you can remove with metal wool and that has no visible
pitting in the base metal. If you cannot remove the corrosion with
metal wool or if there is visible pitting in the base metal, we
define it as heavy corrosion.
    (3) If any cracks or heavy corrosion are found during any of the
inspections required in paragraph (f)(1) of this AD, before further
flight, replace the elevator control rod with an airworthy part
following the accomplishment instructions in Grob Aircraft AG
Service Bulletin No. MSB817-64/2, dated September 6, 2012, for your
applicable sailplane model.
    (4) If only slight or no corrosion of the elevator control rod
is found during any of the inspections required in paragraph (f)(1)
of this AD, before further flight, clean the rod surface and apply a
corrosion inhibitor, as applicable, following the accomplishment
instructions in Grob Aircraft AG Service Bulletin No. MSB817-64/2,
dated September 6, 2012.

    Note 1 to paragraph (f) of this AD: Grob Aircraft AG
incorporated the repetitive inspections required by this AD into the
instructions for continued airworthiness of the aircraft maintenance
manual for the applicable sailplanes.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, AD
No.: 2012-0181, dated September 7, 2012; and Grob Aircraft AG
Service Bulletin No. MSB817-64/2, dated September 6, 2012, for
related information.

 (i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Grob Aircraft AG Service Bulletin No. MSB817-64/2, dated
September 6, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact Grob
Aircraft AG, Lettenbachstrasse 9, D-86874 Tussenhausen-Mattsies,
Germany; phone: +49 (0) 8268 998 139; fax: +49 (0) 8268 998 200;
email<EMAIL_ADDRESS>Internet: www.grob-aircraft.com/62.html.
    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference 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/cfr/index.html.

    Issued in Kansas City, Missouri, on December 21, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-31364 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Page 47493]
[FR Doc No: 2015-19418]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1051]

Modified Risk Tobacco Product Applications: Applications for 10
Products Submitted by Swedish Match North America Inc.; Reopening of
Comment Period; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of July 31, 2015 (80 FR 45661).
The document reopened the period for public comment on modified risk
tobacco product applications (MRTPAs) submitted by Swedish Match North
America Inc. for 10 tobacco products and announced the availability for
public comment of amendments to the MRTPAs. The document was published
with an incorrect paragraph in the Comments section. This document
corrects that error.

FOR FURTHER INFORMATION CONTACT: Lisa Granger, Office of Policy and
Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
32, Rm. 3330, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2015-18782, appearing in the
Federal Register of Friday, July 31, 2015, the following correction is
made:
    On page 45661, in the third column, the first paragraph of the
Comments section is corrected to read:

A. General Information About Submitting Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document.

B. Public Availability of Comments

    Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to
the docket at http://www.regulations.gov. As a matter of Agency
practice, FDA generally does not post comments submitted by individuals
in their individual capacity on http://www.regulations.gov. This is
determined by information indicating that the submission is written by
an individual, for example, the comment is identified with the category
``Individual Consumer'' under the field entitled ``Category
(Required),'' on the ``Your Information'' page on http://www.regulations.gov. For this docket, however, FDA will not be
following this general practice. Instead, FDA will post on http://www.regulations.gov comments to this docket that have been submitted by
individuals in their individual capacity. If you wish to submit any
information under a claim of confidentiality, please refer to 21 CFR
10.20.

C. Information Identifying the Person Submitting the Comment

    Please note that your name, contact information, and other
information identifying you will be posted on http://www.regulations.gov if you include that information in the body of your
comments. For electronic comments submitted to http://www.regulations.gov, FDA will post the body of your comment on http://www.regulations.gov along with your state/province and country (if
provided), the name of your representative (if any), and the category
identifying you (e.g., individual, consumer, academic, industry). For
written submissions submitted to the Division of Dockets Management,
FDA will post the body of your comments on http://www.regulations.gov,
but you can put your name and/or contact information on a separate
cover sheet and not in the body of your comments.

    Dated: August 3, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-19418 Filed 8-6-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31413-31415]
[FR Doc No: 2012-12793]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67025; File No. SR-BX-2012-032]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Rule
4751(f)(7) Concerning the Processing of the Price To Comply Order

May 18, 2012.
    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 May 9, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III 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 proposes to clarify how the processing of a Price to
Comply Order under Rule 4751(f)(7) operates based on the method of
entry. The Exchange will implement the change effective May 14, 2012.
    The text of the proposed rule change is below. Proposed new
language is in italic; proposed deletions are in [brackets].
* * * * *

4751. Definitions

    The following definitions apply to the Rule 4600 and 4750 Series
for the trading of securities listed on Nasdaq or a national securities
exchange other than Nasdaq.
    (a)-(e)
    (f) The term ``Order Type'' shall mean the unique processing
prescribed for designated orders that are eligible for entry into the
System, and shall include:
    (1)-(6) No change.
    (7) ``Price to Comply Order'' are orders that, if, at the time of
entry, a Price to Comply Order would lock or cross the quotation of an
external market, the order will be priced to the current low offer (for
bids) or to the current best bid (for offers) and displayed at a price
one minimum price increment lower than the offer (for bids) or higher
than the bid (for offers). The displayed and undisplayed prices of a
Price to Comply order entered through an OUCH port may be adjusted once
or multiple times depending upon [the method of order entry and] the
election of the member firm and changes to the prevailing NBBO. The
displayed and undisplayed prices of a Price to Comply order entered
through a RASH port may be adjusted multiple times, depending upon
changes to the prevailing NBBO.
    (8)-(14) No change.
    (g)-(i) No change.
* * * * *

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
    BX is proposing to clarify the effect that the methods of order
entry have on the processing of a Price to Comply Order, as described
in Rule 4751(f)(7).\3\ A Price to Comply Order allows a member firm to
quote aggressively and still comply with the locked and crossed markets
provisions of Regulation NMS.\4\
---------------------------------------------------------------------------

    \3\ ``Price to Comply Order'' is an order such that, if, at the
time of entry, it would lock or cross the quotation of an external
market, the order will be priced to the current low offer (for bids)
or to the current best bid (for offers) and displayed at a price one
minimum price increment lower than the offer (for bids) or higher
than the bid (for offers).
    \4\ 17 CFR 242.610.
---------------------------------------------------------------------------

    As part of its relaunch of an equities market in January 2009, BX
adopted substantially similar equities rules to that of its sister
exchange The NASDAQ Stock Market LLC (``NASDAQ''), including the Price
to Comply Order type under Rule 4751(f)(7).\5\ NASDAQ amended its Rule
4751(f)(7) in June 2008.\6\ Prior to June 2008, if at the time of entry
on NASDAQ a Price to Comply Order would create a violation of SEC Rule
610(d) by locking or crossing the protected quote of an external market
or would cause a violation of SEC Rule 611 by trading through such a
protected quote, the order was converted by the NASDAQ system to a Non-
Displayed Order, as defined in NASDAQ Rule 4751(e)(3),\7\ and re-priced
to the current low offer (for bids) or to the current best bid (for
offers). Thereafter, such a Non-Displayed Order would be cancelled by
the NASDAQ system if the market moved through the price of the order
after the order was accepted.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 59154 (December 23,
2008), 73 FR 80468 (December 31, 2008) (SR-BSE-2008-48).
    \6\ Securities Exchange Act Release No. 57910 (June 3, 2008), 73
FR 32776 (June 10, 2008) (SR-NASDAQ-2008-049).
    \7\ ``Non-Displayed Order'' is a limit order that is not
displayed in the NASDAQ system, but nevertheless remains available
for potential execution against all incoming orders until executed
in full or cancelled. BX's definition under Rule 4751(e)(3) mirrors
that of NASDAQ's.
---------------------------------------------------------------------------

    The June 2008 amendment changed how the NASDAQ Price to Comply
Order operates so that a locking or crossing order is no longer
converted to a Non-Displayed Order, but rather is displayed at the most
aggressive price

possible, one minimum price increment worse than the locking price.
NASDAQ also added language to the rule, subsequently mirrored in BX
Rule 4751(f)(7), which noted that NASDAQ may adjust the displayed and
undisplayed prices of a Price to Comply Order once or multiple times,
depending on the method of order entry and changes to the National Best
Bid and Offer (``NBBO''). In the discussion of the rule change, NASDAQ
explained that the displayed and undisplayed price of an individual
order may be modified one or more times depending upon the manner of
order entry into the system. In particular, if a member chooses to
enter a Price to Comply Order via NASDAQ's RASH protocol, the order is
priced upon entry and may be adjusted multiple times in response to
changes in the prevailing NBBO to move the displayed price closer to
the original entered price and display the best possible price
consistent with the provisions of Regulation NMS. In addition, each
time the displayed price is adjusted, the order will receive a new
timestamp for purposes of determining its price/time priority according
to NASDAQ's existing processing rules. If a Price to Comply Order is
entered via NASDAQ's OUCH protocol, however, the order will be repriced
only upon entry and the order is not repriced in the event the
prevailing NBBO changes. The BX Price to Comply Order operates in the
same manner as the NASDAQ Price to Comply Order.
    BX is proposing to amend Rule 4751(f)(7) to clarify the effect that
the method of order entry has on the processing of the Price to Comply
Order. As noted above, the method of entry of a Price to Comply Order
determines whether the order is repriced once or multiple times. This
will continue to be the case under the amended rule; however, an OUCH
subscriber will be afforded the choice to have its Price to Comply
Order be subject to repricing either only once or multiple times.
Member firms will designate each OUCH protocol order port to use either
the single or multiple repricing functionality for any Price to Comply
Order entered via that port.\8\ A RASH subscriber will continue to have
the Price to Comply Order repriced multiple times, when appropriate.
The methodology for repricing the Price to Comply Order will not vary
based on how the order is entered. Like a RASH-entered Price to Comply
Order, each time the OUCH-entered order is repriced it will receive a
new timestamp for purposes of determining its price/time priority. As
such, a repriced Price to Comply Order is treated as a new order in
terms of priority and, as such, there is no guarantee that the OUCH-
entered Price to Comply Order will receive priority when it becomes
actionable after repricing.
---------------------------------------------------------------------------

    \8\ In the absence of designation from a member firm, BX will
default the member's OUCH port(s) to single repricing.
---------------------------------------------------------------------------

    BX believes that the new functionality and related rule change will
serve to reduce the order traffic received using the OUCH protocol. BX
notes that, in certain cases, a member will submit a Price to Comply
Order at an aggressive price that it anticipates will be at the NBBO.
Often such an order is not submitted at the NBBO and is not executed
after repricing because the market does not move to the adjusted order
price. In these cases, the member firm will typically submit additional
aggressive orders, which likewise are not executed. Because the OUCH
protocol is used by member firms that are able to submit a large volume
of orders, BX believes that offering such firms the ability to have BX
reprice the Price to Comply Order multiple times will serve to reduce
the excessive volume of orders entered into the System which are
ultimately canceled.
    As noted, BX will continue to offer OUCH subscribers an alternative
to the multiple repricing functionality so that such member firms may
elect to have a locked or crossed Price to Comply Order repriced only
once, consistent with the current process. BX believes that this will
accommodate member firms that seek the certainty of repricing at most
once or whose trading systems depend on the existing repricing
mechanism.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\9\ in general, and with Section
6(b)(5) of the Act \10\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. BX believes this proposal is
consistent with the Exchange Act and, specifically, Rules 610 and 611
of Regulation NMS in that it is designed to prevent orders from locking
and crossing market or trading through protected quotes, while also
promoting a more efficient market. In this regard, BX believes that the
proposed rule change will promote the efficient use of the Exchange by
reducing the number of orders entered into the market and ultimately
canceled. The proposed rule change will accomplish this by providing
the member firms that tend to enter the greatest number of such orders
an option to have the Exchange reprice a single order multiple times.
BX also believes that permitting a high volume user the option to
continue to have the Exchange reprice its Price to Comply Order only
upon order entry, when appropriate, will ensure member firms with
internal systems that act in reliance of this function will continue to
operate without disruption.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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 foregoing 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)(ii) of the Act \11\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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. The Exchange has
provided the Commission written notice of its intent to file the
proposed rule change, along with a brief

description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule change.

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-BX-2012-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-032. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-BX-2012-032 and should be
submitted on or before June 15, 2012

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
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    \13\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-12793 Filed 5-24-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Proposed Rules]
[Pages 21065-21066]
[FR Doc No: 2022-07589]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0346; Airspace Docket No. 22-ASW-8]
RIN 2120-AA66

Proposed Amendment of the Class E Airspace; Mexia, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at Mexia,
TX. The FAA is proposing this action due to an airspace review
conducted as part of the decommissioning of the Mexia non-directional
beacon (NDB). The geographic coordinates of the airport would also be
updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before May 26, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0346/Airspace Docket No. 22-ASW-8, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://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: (202) 267-
8783.

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 the Class E airspace extending upward from 700 feet
above the surface at Mexia-Limestone County Airport, Mexia, TX, to
support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-0346/
Airspace Docket No. 22-ASW-8.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface to
within a 6.5-mile (increased from a 6.4-mile) radius at Mexia-Limestone
County Airport, Mexia, TX; removing the Mexia RBN and the associated
extension from the airspace legal description; and updating the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    This action is the result of an airspace review conducted as part
of the decommissioning of the Mexia NDB

which provided navigation information for the instrument procedures at
this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

ASW TX E5 Mexia, TX [Amended]

Mexia-Limestone Country Airport, TX
    (Lat. 31[deg]38'28'' N, long. 96[deg]30'52'' W)

    That airspace extending from 700 feet above the surface within a
6.5-mile radius of Mexia-Limestone County Airport.

    Issued in Fort Worth, Texas, on April 5, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-07589 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 7, 2009 (Volume 74, Number 128)]
[Notices]
[Page 32146-32147]
[DOCID:fr07jy09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

June 25, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-85-000.
    Applicants: Grand Ridge Energy LLC, Grand Ridge Energy II LLC,
Grand Ridge Energy III LLC, Grand Ridge Energy IV LLC.
    Description: Grand Ridge Energy LLC, et al. Application for
Authorization Under Section 203 of the Federal Power Act and Request
for Waivers and Expedited Action.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5070.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

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

    Docket Numbers: EG09-59-000.
    Applicants: Horse Hollow Generation Tie, LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Horse Hollow Generation Tie, LLC.
    Filed Date: 06/24/2009.
    Accession Number: 20090624-5130.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 15, 2009.

    Docket Numbers: EG09-60-000.
    Applicants: Grand Ridge Energy LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Grand Ridge Energy LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5103.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Docket Numbers: EG09-61-000.
    Applicants: Grand Ridge Energy II LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Grand Ridge Energy II LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5104.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Docket Numbers: EG09-62-000.
    Applicants: Grand Ridge Energy III LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Grand Ridge Energy III LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5105.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Docket Numbers: EG09-63-000.
    Applicants: Grand Ridge Energy IV LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Grand Ridge Energy IV LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5106.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Docket Numbers: EG09-64-000.
    Applicants: Grand Ridge Energy V LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Grand Ridge Energy V LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5107.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Docket Numbers: EG09-65-000.
    Applicants: Rugby Wind LLC.
    Description: Self Certification Notice for Exempt Wholesale
Generator Status of Rugby Wind LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5108.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Docket Numbers: EG09-66-000.
    Applicants: Streator-Cayuga Ridge Wind Power, LLC.
    Description: Self Certification Notice of Exempt Wholesale
Generator Status of Streator-Cayuga Ridge Wind Power LLC.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5109.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

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

    Docket Numbers: ES09-38-000.
    Applicants: Montana Alberta Tie Ltd.
    Description: Application of Montana Alberta Tie Ltd. for
Authorization to Assume Obligations and Liabilities under Section 204
of the Federal Power Act.
    Filed Date: 06/25/2009.
    Accession Number: 20090625-5072.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 16, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern

time on the specified comment date. It is not necessary to separately
intervene again in a subdocket related to a compliance filing if you
have previously intervened in the same docket. Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-15940 Filed 7-6-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Rules and Regulations]
[Page 68337-68339]
[DOCID:fr10no05-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R09-OAR-2005-AZ-0007, FRL-7994-6]

Interim Final Determination to Stay and/or Defer Sanctions, Pinal
County Air Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: EPA is making an interim final determination to stay and/or
defer imposition of sanctions based on a proposed approval of a
revision to the Pinal County Air Quality Control District (PCAQCD)
portion of the Arizona State Implementation Plan (SIP) published
elsewhere in today's Federal Register. The revisions concern PCAQCD
Rule 2-8-300.

DATES: This interim final determination is effective on November 10,
2005. However, comments will be accepted until December 12, 2005.

ADDRESSES: Submit comments, identified by docket number R09-OAR-2005-
AZ-0007, by one of the following methods:
     Agency Website: http://docket.epa.gov/rmepub/. EPA prefers

receiving comments through this electronic public docket and comment
system. Follow the on-line instructions to submit comments.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions.
     E-mail<EMAIL_ADDRESS>     Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://docket.epa.gov/rmepub/
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through the
agency website, eRulemaking portal, or e-mail. The agency website and
eRulemaking portal are Aanonymous access'' systems, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
    Docket: The index to the docket for this action is available
electronically at http://docket.epa.gov/rmepub 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., CBI). 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 below.

FOR FURTHER INFORMATION CONTACT: Al Petersen, EPA Region IX, (415) 947-
4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. Background

    On April 28, 2004 (69 FR 23103), we published a limited approval
and limited disapproval of PCAQCD Rule 2-8-300 as adopted locally on
June 29, 1993 and submitted by the State on November 27, 1995. We based
our limited disapproval action a deficiency in the submittal. This
disapproval action started a sanctions clock for imposition of offset
sanctions 18 months after May 28, 2005 and highway sanctions 6 months
later, pursuant to section 179 of the Clean Air Act (CAA) and our
regulations at 40 CFR 52.31.
    On May 18, 2005, PCAQCD adopted revisions to Rule 2-8-300 that were
intended to correct the deficiency identified in our limited
disapproval action. On September 12, 2005, the State submitted these
revisions to EPA. In the Proposed Rules section of today's Federal
Register, we have proposed approval of this submittal because we
believe it corrects the deficiency identified in our April 28, 2004
disapproval action. Based on today's proposed approval, we are taking
this final rulemaking action, effective on publication, to stay and/or
defer imposition of sanctions that were triggered by our April 28, 2004
limited disapproval.
    EPA is providing the public with an opportunity to comment on this
stay/deferral of sanctions. If comments are submitted that change our
assessment described in this final determination and the proposed full
approval of revised PCAQCD Rule 2-8-300, we intend to take subsequent
final action to reimpose sanctions pursuant to 40 CFR 51.31(d). If no
comments are submitted that change our assessment, then all sanctions
and sanction clocks will be permanently terminated on the effective
date of a final rule approval.

II. EPA Action

    We are making an interim final determination to stay and/or defer
CAA section 179 sanctions associated with PCAQCD Rule 2-8-300 based on
our concurrent proposal to approve the State's SIP revision as
correcting a deficiency that initiated sanctions.
    Because EPA has preliminarily determined that the State has
corrected the deficiency identified in EPA's limited disapproval
action, relief from sanctions should be provided as quickly as
possible. Therefore, EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect (5 U.S.C. 553(b)(3)). However,
by this action EPA is providing the public with a chance to comment on
EPA's determination after the effective date, and EPA will consider any
comments received in determining whether to reverse such action.
    EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has reviewed the State's submittal and, through
its proposed action, is indicating that it is more likely than not that
the State has corrected the deficiencies that started the sanctions
clocks. Therefore, it is not in the public interest to initially impose
sanctions or to keep applied sanctions in place when the State has most
likely done all it can to correct the deficiencies that triggered the
sanctions clocks. Moreover, it would be impracticable to go through
notice-and-comment rulemaking on a finding that the State has corrected
the deficiencies prior to the rulemaking approving the State's
submittal. Therefore, EPA believes that it is necessary to use the
interim final rulemaking process to stay and/or defer sanctions while
EPA completes its rulemaking process on the approvability of the
State's submittal. Moreover, with respect to the effective date of this
action, EPA is invoking the good cause exception to the 30-day notice
requirement of the APA because the purpose of this notice is to relieve
a restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

    This action stays and/or defers federal sanctions and imposes no
additional requirements.
    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.
    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action.
    The Administrator certifies that this action 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.).
    This rule 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 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 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 rule 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 is not economically significant. The
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply to this rule
because it imposes no standards.
    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. 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 to Congress and the Comptroller
General. However, section 808 provides that any rule for which the
issuing agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest, shall take effect at such time as the agency promulgating the
rule determines. 5 U.S.C. 808(2). EPA has made such a good cause
finding, including the reasons therefor, and established an effective
date of November 10, 2005. 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 rule is not a
``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1)
of the CAA, petitions for judicial review of this action must be filed
in the United States Court of Appeals for the appropriate circuit by
January 9, 2006. Filing a petition for reconsideration by the
Administrator of this final rule does not affect the finality of this
rule for the purpose of judicial review nor does it extend the time
within which petition for judicial review may be filed, and shall not
postpone the effectiveness of such rule or action. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
regulations, Particulate matter, Reporting and recordkeeping
requirements.

    Dated: October 19, 2005.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 05-22378 Filed 11-9-05; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Notices]
[Page 73316]
[DOCID:fr02de08-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13303-000]

BPUS Generation Development, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene and Competing Applications

November 25, 2008.
    On October 21, 2008, BPUS Generation Development, LLC filed an
application, pursuant to section 4(f) of the Federal Power Act (FPA),
proposing to study the feasibility of the Little Potlatch Creek Pumped
Storage Project to be located in Latah and Nez Perce Counties, Idaho.
The proposed project would be closed loop but would use initial and
make-up water from the Clearwater River.
    The proposed project would consist of: (1) An upper earthen dam
with a height of 260 feet; (2) an upper reservoir with a surface area
of 138 acres, a capacity of 8,775 acre-feet, and a maximum pool
elevation of 2,850 feet msl; (3) a lower earthen dam with a height of
230 feet; (4) a lower reservoir with a surface area of 105 acres, a
capacity of 8,775 acre-feet, and a maximum pool elevation of 1,490 feet
msl; (5) four, 13 foot diameter, steel lined penstocks of various
lengths; (6) an underground powerhouse containing 4 pump/turbine units
with a total installed capacity of 1,340 MW; ( 7) a four mile long, 500
kV transmission line and; (8) appurtenant facilities. The proposed
project would have an annual production of 3,830 GWh which would be
sold to a local utility.
    Applicant Contact: Jeffrey M. Auser, BPUS Generation Development,
LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY 13088 (315) 461-
8579.
    FERC Contact: Steven Sachs<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
    Comments, motions to intervene, notices of intent and competing
applications may be filed electronically via the internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    For more information on how to submit these types of filings please
go to the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http:/
/www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13303) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

 Kimberly D. Bose,
Secretary.
[FR Doc. E8-28577 Filed 12-1-08; 8:45 am]

BILLING CODE 6717-01-P