accordance with Sec.
                                          63.982(d) and the requirements
                                          referenced therein; \a\ or
                                         d. Use a vapor balancing system
                                          designed and operated to
                                          collect organic HAP vapors
                                          displaced from tank trucks and
                                          railcars during loading and
                                          route the collected HAP vapors
                                          to the storage tank from which
                                          the liquid being loaded
                                          originated or to another
                                          storage tank connected by a
                                          common header.
2. Halogenated Group 1 transfer rack     a. Use a halogen reduction
 vent stream for which you use a          device after the combustion
 combustion device to control organic     device to reduce emissions of
 HAP emissions.                           hydrogen halide and halogen
                                          HAP by >=99 percent by weight,
                                          to <=0.45 kg/hr, or to <=20
                                          ppmv; or
                                         b. Use a halogen reduction
                                          device before the combustion
                                          device to reduce the halogen
                                          atom mass emission rate to
                                          <=0.45 kg/hr or to a
                                          concentration <=20 ppmv.
------------------------------------------------------------------------
\a\ Beginning no later than the compliance dates specified in Sec.
  63.2445(g), any flare using fuel gas from a fuel gas system, of which
  50 percent or more of the fuel gas is derived from an MCPU that has
  processes and/or equipment in ethylene oxide service or that produces
  olefins or polyolefins, must be in compliance with Sec.
  63.2450(e)(5).

0
29. Table 6 to subpart FFFF of part 63 is revised to read as follows:

  Table 6 to Subpart FFFF of Part 63--Requirements for Equipment Leaks
  [As required in Sec.   63.2480, you must meet each requirement in the
          following table that applies to your equipment leaks]
------------------------------------------------------------------------
                               And that is part of
        For all . . .                 . . .            You must . . .
------------------------------------------------------------------------
1. Equipment that is in       a. Any MCPU.........  i. Comply with the
 organic HAP service.                                requirements of
                                                     subpart UU of this
                                                     part 63 and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2480(b), and (d)
                                                     through (f); or
                                                    ii. Comply with the
                                                     requirements of
                                                     subpart H of this
                                                     part 63 and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2480(b), and (d)
                                                     through (f); or
                                                    iii. Comply with the
                                                     requirements of 40
                                                     CFR part 65,
                                                     subpart F and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2480(c), and (d)
                                                     through (f).
2. Equipment that is in       a. Any MCPU.........  i. Comply with the
 organic HAP service at a                            requirements of
 new source.                                         subpart UU of this
                                                     part 63 and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2480(b)(6),
                                                     (b)(7), (e), and
                                                     (f); or
                                                    ii. Comply with the
                                                     requirements of 40
                                                     CFR part 65,
                                                     subpart F, except
                                                     as specified in
                                                     Sec.
                                                     63.2480(c)(10),
                                                     (c)(11), (e), and
                                                     (f).
3. Equipment that is in       a. Any MCPU.........  i. Beginning no
 ethylene oxide service as                           later than the
 defined in Sec.   63.2550.                          compliance dates
                                                     specified in Sec.
                                                     63.2445(i), comply
                                                     with the
                                                     requirements of
                                                     subpart UU of this
                                                     part 63 and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2493(d) and (e);
                                                     or
                                                    ii. Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.2445(i), comply
                                                     with the
                                                     requirements of
                                                     subpart H of this
                                                     part 63 and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2493(d) and (e);
                                                    iii. Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.2445(i), comply
                                                     with the
                                                     requirements of 40
                                                     CFR part 65,
                                                     subpart F and the
                                                     requirements
                                                     referenced therein,
                                                     except as specified
                                                     in Sec.
                                                     63.2493(d) and (e).
------------------------------------------------------------------------

0
30. Table 10 to subpart FFFF of part 63 is revised to read as follows:

  Table 10 to Subpart FFFF of Part 63--Work Practice Standards for Heat
                            Exchange Systems
  [As required in Sec.   63.2490, you must meet each requirement in the
       following table that applies to your heat exchange systems]
------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
Heat exchange system, as defined in      a. Comply with the requirements
 Sec.   63.101.                           of Sec.   63.104 and the
                                          requirements referenced
                                          therein, except as specified
                                          in Sec.   63.2490(b) and (c);
                                          or
                                         b. Comply with the requirements
                                          in Sec.   63.2490(d).
------------------------------------------------------------------------

0
31. Table 12 to subpart FFFF of part 63 is revised to read as follows:

Table 12 to Subpart FFFF of Part 63--Applicability of General Provisions
                             to Subpart FFFF
  [As specified in Sec.   63.2540, the parts of the General Provisions
           that apply to you are shown in the following table]
------------------------------------------------------------------------
           Citation                  Subject            Explanation
------------------------------------------------------------------------
Sec.   63.1...................  Applicability....  Yes.
Sec.   63.2...................  Definitions......  Yes.
Sec.   63.3...................  Units and          Yes.
                                 Abbreviations.
Sec.   63.4...................  Prohibited         Yes.
                                 Activities.
Sec.   63.5...................  Construction/      Yes.
                                 Reconstruction.
Sec.   63.6(a)................  Applicability....  Yes.
Sec.   63.6(b)(1)-(4).........  Compliance Dates   Yes.
                                 for New and
                                 Reconstructed
                                 sources.
Sec.   63.6(b)(5).............  Notification.....  Yes.
Sec.   63.6(b) (6)............  [Reserved].......  .....................
Sec.   63.6(b)(7).............  Compliance Dates   Yes.
                                 for New and
                                 Reconstructed
                                 Area Sources
                                 That Become
                                 Major.
Sec.   63.6(c)(1)-(2).........  Compliance Dates   Yes.
                                 for Existing
                                 Sources.
Sec.   63.6(c)(3)-(4).........  [Reserved].......  .....................
Sec.   63.6(c)(5).............  Compliance Dates   Yes.
                                 for Existing
                                 Area Sources
                                 That Become
                                 Major.
Sec.   63.6(d)................  [Reserved].......  .....................
Sec.   63.6(e)(1)(i)..........  Operation &        Yes, before [date 3
                                 Maintenance.       years after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. See Sec.
                                                     63.2450(u) for
                                                    general duty
                                                    requirement.
Sec.   63.6(e)(1)(ii).........  Operation &        Yes, before [date 3
                                 Maintenance.       years after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.6(e)(1)(iii)........  Operation &        Yes.
                                 Maintenance.
Sec.   63.6(e)(2).............  [Reserved].......  .....................
Sec.   63.6(e)(3)(i), (ii),     Startup,           Yes, before [date 3
 and (v) through (viii).         Shutdown,          years after date of
                                 Malfunction Plan   publication of final
                                 (SSMP).            rule in the Federal
                                                    Register], except
                                                    information
                                                    regarding Group 2
                                                    emission points and
                                                    equipment leaks is
                                                    not required in the
                                                    SSMP, as specified
                                                    in Sec.
                                                    63.2525(j). No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.6(e)(3)(iii) and      Recordkeeping and  No, see Sec.
 (iv).                           Reporting During   63.2525 for
                                 SSM.               recordkeeping
                                                    requirements and
                                                    Sec.   63.2520(e)(4)
                                                    for reporting
                                                    requirements.
Sec.   63.6(e)(3)(ix).........  SSMP               Yes, before [date 3
                                 incorporation      years after date of
                                 into title V       publication of final
                                 permit.            rule in the Federal
                                                    Register]. No
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.6(f)(1).............  Compliance Except  Yes, before [date 3
                                 During SSM.        years after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.6(f)(2)-(3).........  Methods for        Yes.
                                 Determining
                                 Compliance.
Sec.   63.6(g)(1)-(3).........  Alternative        Yes.
                                 Standard.
Sec.   63.6(h)(1).............  Compliance with    Yes, before [date 3
                                 Opacity/VE         years after date of
                                 Standards.         publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.6(h)(2)-(9).........  Opacity/Visible    Only for flares for
                                 Emission (VE)      which Method 22
                                 Standards.         observations are
                                                    required as part of
                                                    a flare compliance
                                                    assessment.
Sec.   63.6(i)(1)-(14)........  Compliance         Yes.
                                 Extension.
Sec.   63.6(j)................  Presidential       Yes.
                                 Compliance
                                 Exemption.

Sec.   63.7(a)(1)-(2).........  Performance Test   Yes, except
                                 Dates.             substitute 150 days
                                                    for 180 days.
Sec.   63.7(a)(3).............  Section 114        Yes, and this
                                 Authority.         paragraph also
                                                    applies to flare
                                                    compliance
                                                    assessments as
                                                    specified under Sec.
                                                      63.997(b)(2).
Sec.   63.7(b)(1).............  Notification of    Yes.
                                 Performance Test.
Sec.   63.7(b)(2).............  Notification of    Yes.
                                 Rescheduling.
Sec.   63.7(c)................  Quality Assurance/ Yes, except the test
                                 Test Plan.         plan must be
                                                    submitted with the
                                                    notification of the
                                                    performance test if
                                                    the control device
                                                    controls batch
                                                    process vents.
Sec.   63.7(d)................  Testing            Yes.
                                 Facilities.
Sec.   63.7(e)(1).............  Conditions for     Yes, before [date 3
                                 Conducting         years after date of
                                 Performance        publication of final
                                 Tests.             rule in the Federal
                                                    Register] except
                                                    that performance
                                                    tests for batch
                                                    process vents must
                                                    be conducted under
                                                    worst-case
                                                    conditions as
                                                    specified in Sec.
                                                    63.2460. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. See Sec.
                                                     63.2450(g)(6).
Sec.   63.7(e)(2).............  Conditions for     Yes.
                                 Conducting
                                 Performance
                                 Tests.
Sec.   63.7(e)(3).............  Test Run Duration  Yes.
Sec.   63.7(e)(4).............  Administrator's    Yes.
                                 Authority to
                                 Require Testing.
Sec.   63.7(f)................  Alternative Test   Yes.
                                 Method.
Sec.   63.7(g)................  Performance Test   Yes, except this
                                 Data Analysis.     subpart specifies
                                                    how and when the
                                                    performance test and
                                                    performance
                                                    evaluation results
                                                    are reported.
Sec.   63.7(h)................  Waiver of Tests..  Yes.
Sec.   63.8(a)(1).............  Applicability of   Yes.
                                 Monitoring
                                 Requirements.
Sec.   63.8(a)(2).............  Performance        Yes.
                                 Specifications.
Sec.   63.8(a)(3).............  [Reserved].......  .....................
Sec.   63.8(a)(4).............  Monitoring with    Yes, except for
                                 Flares.            flares subject to
                                                    Sec.
                                                    63.2450(e)(5).
Sec.   63.8(b)(1).............  Monitoring.......  Yes.
Sec.   63.8(b)(2)-(3).........  Multiple           Yes.
                                 Effluents and
                                 Multiple
                                 Monitoring
                                 Systems.
Sec.   63.8(c)(1).............  Monitoring System  Yes.
                                 Operation and
                                 Maintenance.
Sec.   63.8(c)(1)(i)..........  Routine and        Yes, before [date 3
                                 Predictable SSM.   years after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.8(c)(1)(ii).........  SSM not in SSMP..  Yes, before [date 3
                                                    years after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.8(c)(1)(iii)........  Compliance with    Yes, before [date 3
                                 Operation and      years after date of
                                 Maintenance        publication of final
                                 Requirements.      rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.8(c)(2)-(3).........  Monitoring System  Yes.
                                 Installation.
Sec.   63.8(c)(4).............  CMS Requirements.  Only for CEMS.
                                                    Requirements for
                                                    CPMS are specified
                                                    in referenced
                                                    subparts G and SS of
                                                    part 63.
                                                    Requirements for
                                                    COMS do not apply
                                                    because subpart FFFF
                                                    does not require
                                                    continuous opacity
                                                    monitoring systems
                                                    (COMS).
Sec.   63.8(c)(4)(i)..........  COMS Measurement   No; subpart FFFF does
                                 and Recording      not require COMS.
                                 Frequency.
Sec.   63.8(c)(4)(ii).........  CEMS Measurement   Yes.
                                 and Recording
                                 Frequency.
Sec.   63.8(c)(5).............  COMS Minimum       No. Subpart FFFF does
                                 Procedures.        not contain opacity
                                                    or VE limits.
Sec.   63.8(c)(6).............  CMS Requirements.  Only for CEMS;
                                                    requirements for
                                                    CPMS are specified
                                                    in referenced
                                                    subparts G and SS of
                                                    this part 63.
                                                    Requirements for
                                                    COMS do not apply
                                                    because subpart FFFF
                                                    does not require
                                                    COMS.
Sec.   63.8(c)(7)-(8).........  CMS Requirements.  Only for CEMS.
                                                    Requirements for
                                                    CPMS are specified
                                                    in referenced
                                                    subparts G and SS of
                                                    part 63.
                                                    Requirements for
                                                    COMS do not apply
                                                    because subpart FFFF
                                                    does not require
                                                    COMS.
Sec.   63.8(d)(1).............  CMS Quality        Only for CEMS.
                                 Control.
Sec.   63.8(d)(2).............  CMS Quality        Only for CEMS.
                                 Control.
Sec.   63.8(d)(3).............  CMS Quality        Yes, only for CEMS
                                 Control.           before [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. See Sec.
                                                     63.2450(j)(6).
Sec.   63.8(e)................  CMS Performance    Only for CEMS, except
                                 Evaluation.        this subpart
                                                    specifies how and
                                                    when the performance
                                                    evaluation results
                                                    are reported.
                                                    Section
                                                    63.8(e)(5)(ii) does
                                                    not apply because
                                                    subpart FFFF does
                                                    not require COMS.
Sec.   63.8(f)(1)-(5).........  Alternative        Yes, except you may
                                 Monitoring         also request
                                 Method.            approval using the
                                                    precompliance
                                                    report.

Sec.   63.8(f)(6).............  Alternative to     Only applicable when
                                 Relative           using CEMS to
                                 Accuracy Test.     demonstrate
                                                    compliance,
                                                    including the
                                                    alternative standard
                                                    in Sec.   63.2505.
Sec.   63.8(g)(1)-(4).........  Data Reduction...  Only when using CEMS,
                                                    including for the
                                                    alternative standard
                                                    in Sec.   63.2505,
                                                    except that the
                                                    requirements for
                                                    COMS do not apply
                                                    because subpart FFFF
                                                    has no opacity or VE
                                                    limits, and Sec.
                                                    63.8(g)(2) does not
                                                    apply because data
                                                    reduction
                                                    requirements for
                                                    CEMS are specified
                                                    in Sec.
                                                    63.2450(j).
Sec.   63.8(g)(5).............  Data Reduction...  No. Requirements for
                                                    CEMS are specified
                                                    in Sec.
                                                    63.2450(j).
                                                    Requirements for
                                                    CPMS are specified
                                                    in referenced
                                                    subparts G and SS of
                                                    this part 63.
Sec.   63.9(a)................  Notification       Yes.
                                 Requirements.
Sec.   63.9(b)(1)-(5).........  Initial            Yes.
                                 Notifications.
Sec.   63.9(c)................  Request for        Yes.
                                 Compliance
                                 Extension.
Sec.   63.9(d)................  Notification of    Yes.
                                 Special
                                 Compliance
                                 Requirements for
                                 New Source.
Sec.   63.9(e)................  Notification of    Yes.
                                 Performance Test.
Sec.   63.9(f)................  Notification of    No.
                                 VE/Opacity Test.
Sec.   63.9(g)................  Additional         Only for CEMS.
                                 Notifications      Section 63.9(g)(2)
                                 When Using CMS.    does not apply
                                                    because subpart FFFF
                                                    does not require
                                                    COMS.
Sec.   63.9(h)(1)-(6).........  Notification of    Yes, except
                                 Compliance         63.9(h)(2)(i)(A)
                                 Status.            through (G) and (ii)
                                                    do not apply because
                                                    63.2520(d) specifies
                                                    the required
                                                    contents and due
                                                    date of the
                                                    notification of
                                                    compliance status
                                                    report.
Sec.   63.9(i)................  Adjustment of      Yes.
                                 Submittal
                                 Deadlines.
Sec.   63.9(j)................  Change in          No, Sec.   63.2520(e)
                                 Previous           specifies reporting
                                 Information.       requirements for
                                                    process changes.
Sec.   63.10(a)...............  Recordkeeping/     Yes.
                                 Reporting.
Sec.   63.10(b)(1)............  Recordkeeping/     Yes.
                                 Reporting.
Sec.   63.10(b)(2)(i).........  Records related    No, see Sec.  Sec.
                                 to SS.             63.2450(e) and
                                                    63.2525 for
                                                    recordkeeping
                                                    requirements.
Sec.   63.10(b)(2)(ii)........  Recordkeeping      Yes, before [date 3
                                 relevant to SSM    years after date of
                                 periods and CMS.   publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register]. See Sec.
                                                    Sec.   63.2525(h)
                                                    and 63.2525(l).
Sec.   63.10(b)(2)(iii).......  Records related    Yes.
                                 to maintenance
                                 of air pollution
                                 control
                                 equipment.
Sec.   63.10(b)(2)(iv)........  Recordkeeping      Yes, before [date 3
                                 relevant to SSM    years after date of
                                 periods and CMS.   publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.10(b)(2)(v).........  Recordkeeping      Yes, before [date 3
                                 relevant to SSM    years after date of
                                 periods and CMS.   publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.10(b)(2)(vi), (x),    CMS Records......  Only for CEMS;
 and (xi).                                          requirements for
                                                    CPMS are specified
                                                    in referenced
                                                    subparts G and SS of
                                                    this part 63.
Sec.   63.10(b)(2) (vii)-(ix).  Records..........  Yes.
Sec.   63.10(b)(2)(xii).......  Records..........  Yes.
Sec.   63.10(b)(2)(xiii)......  Records..........  Only for CEMS.
Sec.   63.10(b)(2)(xiv).......  Records..........  Yes.
Sec.   63.10(b)(3)............  Records..........  Yes.
Sec.   63.10(c)(1)-(6),(9)-     Records..........  Only for CEMS.
 (14).                                              Recordkeeping
                                                    requirements for
                                                    CPMS are specified
                                                    in referenced
                                                    subparts G and SS of
                                                    this part 63.
Sec.   63.10(c)(7)-(8)........  Records..........  No. Recordkeeping
                                                    requirements are
                                                    specified in Sec.
                                                    63.2525.
Sec.   63.10(c)(15)...........  Records..........  Yes, before [date 3
                                                    years after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register], but only
                                                    for CEMS. No,
                                                    beginning on and
                                                    after [date 3 years
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.10(d)(1)............  General Reporting  Yes.
                                 Requirements.
Sec.   63.10(d)(2)............  Report of          Yes, before [date 60
                                 Performance Test   days after date of
                                 Results.           publication of final
                                                    rule in the Federal
                                                    Register]. No,
                                                    beginning on and
                                                    after [date 60 days
                                                    after date of
                                                    publication of final
                                                    rule in the Federal
                                                    Register].
Sec.   63.10(d)(3)............  Reporting Opacity  No.
                                 or VE
                                 Observations.
Sec.   63.10(d)(4)............  Progress Reports.  Yes.
Sec.   63.10(d)(5)(i).........  Periodic Startup,  No, Sec.
                                 Shutdown, and      63.2520(e)(4) and
                                 Malfunction        (5) specify the SSM
                                 Reports.           reporting
                                                    requirements.
Sec.   63.10(d)(5)(ii)........  Immediate SSM      No.
                                 Reports.
Sec.   63.10(e)(1)............  Additional CEMS    Yes.
                                 Reports.
Sec.   63.10(e)(2)(i).........  Additional CMS     Only for CEMS, except
                                 Reports.           this subpart
                                                    specifies how and
                                                    when the performance
                                                    evaluation results
                                                    are reported.
Sec.   63.10(e)(2)(ii)........  Additional COMS    No. Subpart FFFF does
                                 Reports.           not require COMS.
Sec.   63.10(e)(3)............  Reports..........  No. Reporting
                                                    requirements are
                                                    specified in Sec.
                                                    63.2520.
Sec.   63.10(e)(3)(i)-(iii)...  Reports..........  No. Reporting
                                                    requirements are
                                                    specified in Sec.
                                                    63.2520.
Sec.   63.10(e)(3)(iv)-(v)....  Excess Emissions   No. Reporting
                                 Reports.           requirements are
                                                    specified in Sec.
                                                    63.2520.

Sec.   63.10(e)(3)(iv)-(v)....  Excess Emissions   No. Reporting
                                 Reports.           requirements are
                                                    specified in Sec.
                                                    63.2520.
Sec.   63.10(e)(3)(vi)-(viii).  Excess Emissions   No. Reporting
                                 Report and         requirements are
                                 Summary Report.    specified in Sec.
                                                    63.2520.
Sec.   63.10(e)(4)............  Reporting COMS     No.
                                 data.
Sec.   63.10(f)...............  Waiver for         Yes.
                                 Recordkeeping/
                                 Reporting.
Sec.   63.11..................  Control device     Yes, except for
                                 requirements for   flares subject to
                                 flares and work    Sec.
                                 practice           63.2450(e)(5).
                                 requirements for
                                 equipment leaks.
Sec.   63.12..................  Delegation.......  Yes.
Sec.   63.13..................  Addresses........  Yes.
Sec.   63.14..................  Incorporation by   Yes.
                                 Reference.
Sec.   63.15..................  Availability of    Yes.
                                 Information.
------------------------------------------------------------------------

[FR Doc. 2019-24573 Filed 12-16-19; 8:45 am]
 BILLING CODE 6560-50-P


------

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 24, 2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-130612005-21134

                                     OST-2002-13011

________________________________________________________________________
________________________________________________________

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

Applications of     FRONTIER AIRLINES, INC.AIRTRAN AIRWAYS, INC.
(AIRTRAN)  filed  6/11/20045/2/2005 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:Renewal of exemption for two years under 49 U.S.C.
40109 to provide the following service:

Docket OST-2002-13061:

Scheduled foreign air transportation of persons, property, and mail
between: (1) the terminal point Denver, ColoradoAtlanta, Georgia, and
the terminal point Cancun, Mexico; (2) , andthe terminal point Orlando,
Florida, and the  the terminal point CancunCancun, Mexico; and (3) the
terminal point Tampa, Florida, and the terminal point Cancun, Mexico.
AirTran proposed to institute these services on December 15, 2005.

.

Docket OST-2002-13011:

Scheduled foreign air transportation of persons, property, and mail
between (1) the terminal point Denver, Colorado, and the terminal point
San Jose del Cabo, Mexico; and (2) the terminal point

Denver, Colorado, and the terminal point Mazatlan, Mexico..  Frontier
requested that the authority be

renewed through August 23, 2006.

Applicant rep:   Edward P. FabermanBert W. Rein<PHONE_NUMBER>719-7045
  DOT Analyst:  Linda L. LundellThuy H. Cooper<PHONE_NUMBER>5423

D I S P O S I T I O N

XX  Granted Atlanta-Cancun and Tampa-Cancun exemption authority renewal
of exemption authority for two years (subject to conditions, see below)

XX  Deferred as to the Orlando-Cancun request (see remarks below)

XX  Dismissed request for longer-term authority (see remarks, below)

The above action was effective when taken:   : June 24, 2005 through
through June 24, 2007.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:     		XX  Holder’s
certificates of public convenience and necessity

		XX  Standard Exemption Conditions (attached)

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

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  The U.S.-Mexico exemption authority granted is
subject to the dormancy notice requirements set forth in condition 7 of
Appendix A of Order 88-10-2.  Regarding the issue of the start-up
deadline, we have determined that, in the circumstances presented,
including AirTran’s proposed December 15, 2005 start-up date and the
fact that no party opposed the request, we will require AirTran to
institute the proposed services no later than December 15, 2005.

Remarks:  We will handle the carrier’s request for authority to serve
the Orlando-Cancun market separately.  Under the U.S.-Mexico aviation
agreement, two U.S. airlines may be designated to provide direct carrier
(own aircraft) service in the Orlando-Cancun market.  Currently, no U.S.
carrier is designated to provide such services.  Thus, two designations
are available on this route.  However, four applications have been filed
for the Orlando-Cancun market (AirTran’s application here,
Boston-Maine Airways Corp.’s application in Docket OST-2003-14985,
Delta Air Lines’ application in Docket OST-2005-21284, and Spirit
Airlines’ application in Docket OST-2005-21165).  Therefore, we are
deferring action on AirTran’s request for authority to serve the
Orlando-Cancun market and will address it in the context of our
consideration of these other applications.

Remarks:  In its application, Frontier requested that the subject
authority be renewed through August 23, 2006.  Consistent with our
standard practice for this type of application, we renewed Frontier’s
authority for two years and dismissed its request for longer-term
authority.

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

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

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

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

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 Competing applications and pleadings were filed with respect to the
Orlando-Cancun portion of the application (see remarks section).

   On _________, 7/23/03, the Department approved the carrier’s
request to convert its Denver-Mazatlan services from year-round to
seasonal.  All other services are offered on a year-round basis.


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13822-13823]
[DOCID:fr17mr06-48]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-264-000]

Dominion Transmission, Inc.; Notice of Proposed Changes In FERC
Gas Tariff

March 9, 2006.
    Take notice that on March 6, 2006, Dominion Transmission, Inc.
(DTI) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1A, the following tariff sheets, to become effective
April 5, 2006:

First Revised Sheet No. 10
First Revised Sheet No. 11
First Revised Sheet No. 12
First Revised Sheet No. 16

First Revised Sheet No. 17
First Revised Sheet No. 18
First Revised Sheet No. 20
First Revised Sheet No. 21
First Revised Sheet No. 24
First Revised Sheet No. 25
Original Sheet No. 25A
First Revised Sheet No. 35
First Revised Sheet No. 36
Original Sheet No. 36A
First Revised Sheet No. 40
First Revised Sheet No. 41
Original Sheet No. 41A
First Revised Sheet No. 43
First Revised Sheet No. 84
First Revised Sheet No. 85
First Revised Sheet No. 86
Original Sheet No. 86A
First Revised Sheet No. 104
Original Sheet No. 105

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3870 Filed 3-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6828-6831]
[FR Doc No: 2012-2923]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66315; File No. SR-Phlx-2012-12]

 Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating To
Exchange Disseminated Quotations

February 3, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on January 25, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 1082, Firm Quotations,
by modifying Exchange Rules 1017, Openings in Options, and 1082, Firm
Quotations, to describe the manner in which the PHLX XL[supreg]
automated options trading system \3\ will disseminate quotations when
(i) there is an ``Opening Imbalance'' (as described below) in a
particular series, and (ii) there is a ``Quote Exhaust'' quote
condition (as described below) present in a particular series.
---------------------------------------------------------------------------

    \3\ This proposal refers to ``PHLX XL'' as the Exchange's
automated options trading system. In May 2009 the Exchange enhanced
the system and adopted corresponding rules referring to the system
as ``Phlx XL II.'' See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32). The
Exchange intends to submit a separate technical proposed rule change
that would change all references to the system from ``Phlx XL II''
to ``PHLX XL'' for branding purposes.
---------------------------------------------------------------------------

    In addition, the current rules describing the Exchange's
disseminated quotations during an Opening Imbalance and a Quote Exhaust
condition are subject to a pilot scheduled to expire February 29, 2012.
The Exchange proposes to discontinue the pilot and to adopt the
proposed new rules on a permanent basis.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

1. Purpose
    The purpose of the proposed rule change is to establish a quote
condition in which one side of an option quotation (bid or offer)
disseminated by the Exchange will be designated as non-firm during an
``Opening Imbalance'' or a ``Quote Exhaust'' while the opposite side of
the market from the ``non-firm'' bid or offer remains firm for the
Exchange's disseminated price and size. The proposed rule would not be
effective on a pilot basis. The Exchange is proposing that this rule
change would be effective on a permanent basis.\4\
---------------------------------------------------------------------------

    \4\ The Exchange has previously indicated its intention to
implement the non-firm bid or offer functionality. See, e.g.,
Securities Exchange Act Release No. 65670 (November 2, 2011), 76 FR
69308 (November 8, 2011) (SR-Phlx-2011-144).
---------------------------------------------------------------------------

Background
    In June, 2009, the Exchange added several significant enhancements
to its automated options trading platform (now known as PHLX XL), and
adopted rules to reflect those enhancements.\5\ As part of the system
enhancements, the Exchange proposed to disseminate a ``non-firm'' quote
condition on a bid or offer whose size is exhausted in certain
situations. The non-exhausted side of the Exchange's disseminated
quotation

would remain firm at its disseminated price up to its disseminated
size. At the time, however, the Options Price Reporting Authority
(``OPRA'') only disseminated option quotations for which both sides of
the quotation were marked ``non-firm.'' OPRA did not have the ability
to disseminate a ``non-firm'' condition for one side of a quotation
while the other side of the quotation remained firm.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
---------------------------------------------------------------------------

    Accordingly, the Exchange proposed, on a pilot basis, to
disseminate quotations in such a circumstance with a (i) a bid price of
$0.00, with a size of one contract if the remaining size is a seller,
or (ii) an offer price of $200,000, with a size of one contract if the
remaining size is a buyer.
    The Exchange subsequently modified the manner in which the PHLX XL
system disseminated quotes when one side of the quote was exhausted but
the opposite side still had marketable size at the disseminated price,
as described in detail below.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 63024 (September 30,
2010), 75 FR 61799 (October 6, 2010) (SR-Phlx-2010-134).
---------------------------------------------------------------------------

    On October 7, 2010, the U.S. options exchanges, as participants in
the OPRA Plan, voted to make technological changes that would enable
OPRA to support a one-sided non-firm quote condition. These
technological changes presented the opportunity for OPRA and the
participants to design, test, and deploy modifications to their
systems, and to disseminate this quote condition to quotation vendors,
that will support the one-sided non-firm quote condition.
    On November 9, 2010, OPRA submitted to the Commission, for
immediate effectiveness, an amendment to the Plan for Reporting of
Consolidated Options Last Sale Reports and Quotation Information (the
``OPRA Plan'').\7\ The amendment made identical changes to Section 4.04
of OPRA's Data Recipient Interface Specification and Section 4.15 of
its Participant Interface Specification (both Specifications are
collectively referred to herein as the ``OPRA Spec''), which govern the
format in which options market information is input to and disseminated
from the OPRA Processor, in order to add message type codes specifying
that either the bid side or the offer side, but not both sides, of a
quotation is not firm.\8\ OPRA also made a conforming change to
Appendix D of the OPRA Spec describing Best Bid and Offer (BBO)
calculations.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 63400 (November 30,
2010), 75 FR 76058 (December 7, 2010) (SR-OPRA-2010-04).
    \8\ Specifically, a quote with a notation of ``X'' would
indicate that the disseminated offer is not firm (and the
disseminated bid is firm); a quote with a notation of ``Y'' would
indicate that the disseminated bid is not firm (and the disseminated
offer is firm).
---------------------------------------------------------------------------

    Pursuant to the amendment to the OPRA Plan (and the conforming
amendments cited above), the Exchange now proposes to adopt, on a
permanent basis, rules describing the PHLX XL system's disseminated
quotations during an Opening Imbalance and during a Quote Exhaust
condition.
Opening Imbalance
    An Opening Imbalance occurs when all opening marketable size cannot
be completely executed at or within an established Opening Quote Range
(``OQR'') for the affected series.\9\ Currently, Exchange Rule
1017(l)(vi)(C)(7) states that any unexecuted contracts from the opening
imbalance not traded or routed are displayed in the Exchange quote at
the opening price for a period not to exceed ten seconds. After such
period, contracts that remain unexecuted are cancelled back to the
entering participant, unless the member that submitted the original
order has instructed the Exchange in writing to re-enter the remaining
size, in which case the remaining size will be automatically submitted
as a new order. During this display time period, the PHLX XL system
disseminates a bid price of $0.00, with a size of one contract [sic] if
the imbalance is a sell imbalance, or an offer price of $0.00, with a
size of zero contracts if the imbalance is a buy imbalance.
---------------------------------------------------------------------------

    \9\ Where there is an imbalance at the price at which the
maximum number of contracts can trade that is also at or within the
lowest quote bid and highest quote offer, the PHLX XL system will
calculate an OQR for a particular series, outside of which the PHLX
XL system will not execute. See Exchange Rule 1017(l)(iii) and (iv).
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 1017(l)(vi)(C)(7) to reflect
the new manner in which the Exchange will disseminate quotations during
the Opening Imbalance display period. Specifically, during this display
time period, the PHLX XL system will disseminate, on the opposite side
of the market from remaining unexecuted contracts: (i) A non-firm bid
for the price and size of the next available bid(s) on the Exchange if
the imbalance is a sell imbalance, or (ii) a non-firm offer for the
price and size of the next available offer(s) on the Exchange if the
imbalance is a buy imbalance.\10\ The purpose of this provision is to
indicate that the Exchange has exhausted all marketable interest, at or
within the OQR, on one side of the market during the opening process
yet has remaining unexecuted contracts on the opposite side of the
market that are firm at the disseminated price and size.
---------------------------------------------------------------------------

    \10\ If there are multiple bids or offers at the Exchange's next
available price, the PHLX XL system will disseminate a bid or offer
for the aggregate size on the Exchange at such price. See supra note
8.
---------------------------------------------------------------------------

Quote Exhaust
    Quote Exhaust occurs when the market at a particular price level on
the Exchange includes a quote, and such market is exhausted by an
inbound contra-side quote or order (``initiating quote or order''), and
following such exhaustion, contracts remain to be executed from the
initiating quote or order.\11\
---------------------------------------------------------------------------

    \11\ See Exchange Rule 1082(a)(ii)(B)(3).
---------------------------------------------------------------------------

    Rather than immediately executing at the next available price, the
PHLX XL system employs a timer (a ``Quote Exhaust Timer''), not to
exceed one second, in order to allow market participants to refresh
their quotes. During the Quote Exhaust Timer, PHLX XL currently
disseminates the ``Reference Price'' (the most recent execution price)
for the remaining size, provided that such price does not lock an away
market, in which case, the Exchange currently disseminates a bid and
offer that is one Minimum Price Variation (``MPV'') from the away
market price. During the Quote Exhaust Timer, the Exchange
disseminates, on the opposite side of the market from the remaining
contracts: (i) A bid price of $0.00, with a size of zero contracts if
the remaining size is a seller, or (ii) an offer price of $0.00, with a
size of zero contracts if the remaining size is a buyer.
    The Exchange proposes to amend Rules 1082(a)(ii)(B)(3)(b),
1082(a)(ii)(B)(3)(g)(iv)(A)(3), 1082(a)(ii)(B)(3)(g)(iv)(A)(4),
1082(a)(ii)(B)(3)(g)(iv)(B)(2), and 1082(a)(ii)(B)(3)(g)(iv)(C) to
reflect the new manner in which the Exchange will disseminate
quotations during a Quote Exhaust condition. Specifically, during Quote
Exhaust, the PHLX XL system will disseminate, on the opposite side of
the market from remaining unexecuted contracts: (i) A non-firm bid for
the price and size of the next available bid(s) on the Exchange if the
remaining size is a seller, or (ii) a non-firm offer for the price and
size of the next available offer(s) on the Exchange if the remaining
size is a buyer.\12\ The purpose of this provision is to indicate that
the Exchange has exhausted all marketable quotations on one side of the
market yet

has remaining unexecuted contracts on the opposite side of the market
that are firm at the disseminated price and size.
---------------------------------------------------------------------------

    \12\ Just as with an Opening Imbalance, if there are multiple
bids or offers at the Exchange's next available price, the PHLX XL
system will disseminate a bid or offer for the aggregate size on the
Exchange at such price. See supra note 8.
---------------------------------------------------------------------------

    Current Rule 1082(a)(ii)(B)(3)(g)(vi) describes what the PHLX XL
system does if, after trading at the PHLX and/or routing, there are
unexecuted contracts from the initiating order that are still
marketable. In this situation, remaining contracts are posted for a
period of time not to exceed 10 seconds and then cancelled after such
period of time has elapsed, unless the member that submitted the
original order has instructed the Exchange in writing to re-enter the
remaining size, in which case the remaining size will be automatically
submitted as a new order. Currently, during the up to 10 second time
period, the Exchange disseminates, on the opposite side of the market
from remaining unexecuted contracts: (i) A bid price of $0.00, with a
size of zero contracts if the remaining size is a seller, or (ii) an
offer price of $0.00, with a size of zero contracts if the remaining
size is a buyer.
    The Exchange proposes to amend Rule 1082(a)(ii)(B)(3)(g)(vi) to
reflect the new manner in which the Exchange will disseminate
quotations during the up to 10 second time period. Specifically, during
the up to 10 second time period, the PHLX XL system will disseminate,
on the opposite side of the market from remaining unexecuted contracts:
(i) A non-firm bid for the price and size of the next available bid(s)
on the Exchange if the remaining size is a seller, or (ii) a non-firm
offer for the price and size of the next available offer(s) on the
Exchange if the remaining size is a buyer. The purpose of this
provision is to indicate that the Exchange has exhausted all marketable
quotations on one side of the market, yet has remaining unexecuted
contracts on the opposite side of the market that are firm at the
disseminated price and size.
Discontinuation of Current Pilot
    The current rules describing the Exchange's disseminated quotations
during an Opening Imbalance and a Quote Exhaust condition are subject
to a pilot scheduled to expire February 29, 2012. The Exchange proposes
to discontinue the pilot and to adopt the proposed new rules on a
permanent basis.
Implementation
    The Exchange intends to implement the proposed changes to Rules
1017 and 1082 on March 1, 2012.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \13\ in general, and furthers the objectives of Section
6(b)(5) of the Act \14\ in particular, in that it is designed to
promote just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that the proposal is consistent with
the SEC Quote Rule's provisions regarding non-firm quotations.\15\
Specifically, Rule 602(a)(3)(i) provides that if, at any time a
national securities exchange is open for trading, the exchange
determines, pursuant to rules approved by the Commission, that the
level of trading activities or the existence of unusual market
conditions is such that the exchange is incapable of collecting,
processing, and making available to vendors the data for a subject
security required to be made available in a manner that accurately
reflects the current state of the market on such exchange, such
exchange shall immediately notify all specified persons of that
determination and, upon such notification, the exchange is relieved of
its obligations under paragraphs (a)(1) and (2) of Rule 602 relating to
collecting and disseminating quotations, subject to certain other
provisions of Rule 602(a)(3).
---------------------------------------------------------------------------

    \15\ See 17 CFR 242.602(a)(3)(i) and (ii).
---------------------------------------------------------------------------

    By disseminating a non-firm bid (offer), together with a firm offer
(bid) in certain situations delineated above, the Exchange believes
that it is adequately communicating that it is non-firm on the affected
side of the market in compliance with the Quote Rule.
    The proposed rule change promotes just and equitable principles of
trade by informing investors that one side of the Exchange's
disseminated quotation is exhausted and therefore non-firm, thus
providing transparency to investors. This also removes impediments to
and perfects the mechanism of a free and open market and a national
market system by providing information to market participants who may
be in the process of determining where to send their orders for
execution. The proposed rule change protects investors and the public
interest because it provides accurate information to the investing
public concerning the Exchange's disseminated market.

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

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

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

    No written comments were either solicited or received.

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

    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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) \17\
thereunder.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2012-12 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-Phlx-2012-12. 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 on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices 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-Phlx-2012-12, and should be submitted on or before March
1, 2012
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2923 Filed 2-8-12; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

SUBJECT:	Definition of Military Depot

FROM:		H. Lynn Dail, Environmental Scientist

		U. S. EPA

		OAQPS/SPPD/NRCG

TO:		Docket EPA-OAR-HQ-2002-0009

A Military Depot Facility is defined as a Government-owned industrial
center that operates solely for the purpose of repairing, modifying,
converting and refitting worn and/or damaged military assets for
redistribution to active military units.

Depot level maintenance includes the repair, fabrication, manufacture,
rebuilding, assembly overhaul, modification, refurbishment, rebuilding,
test, analysis, repair-process design, in-service engineering, upgrade,
painting and disposal of parts, assemblies, subassemblies, software,
components, or end items that require industrial shop facilities,
tooling, support equipment, and/or personnel of higher technical skills,
or processes beyond the military installation's organizational level
capability.

U.S. Air Force

Aerospace Maintenance Regeneration Center  (AMARC)

Ogden Air Logistics Center (OO-ALC)

Oklahoma City Air Logistics Center (OC–ALC)

Warner Robins Air Logistics Center (WR-ALC)

U.S. Marine Corps

Marine Corps Logistics Base, Albany, NY

Marine Corps Logistics Base, Barstow, CA

U.S. Army

Anniston Army Depot, Anniston, AL

Corpus Christi Army Depot, Corpus Christi, TX

Letterkenny Army Depot, Chambersburg, PA

Red River Army Depot, Texarkana, TX

Tobyhanna Army Dapot, Tobyhanna, PA

U.S. Navy

Naval Air Depot, Cherry Point, NC

Naval Air Depot, Jacksonville, NC

Naval Air Depot, North Island,

Naval Undersea Warfare Division Keyport,

Norfolk Naval Shipyard, Norfolk, VA

Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility, HA

Puget Sound Naval Shipyard, Bremerton, WA

Portsmouth Naval Shipyard, Portsmouth, VA

SPAWARCEN Charleston, SC

SPAWARCEN San Diego, CA

SPAWARCEN New Orleans, LA

SPAWARCEN Norfolk, VA

NSWC Crane, Norfolk, VA