[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Proposed Rules]
[Pages 47568-47570]
[FR Doc No: 2012-19541]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0829; Directorate Identifier 2012-CE-024-AD]
RIN 2120-AA64

Airworthiness Directives; Hawker Beechcraft Corporation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Hawker Beechcraft Corporation Model G58 airplanes. This
proposed AD was prompted by notification from Hawker Beechcraft
Corporation that certain affected aircraft were produced with the
incorrect gauge wiring installed. This proposed AD would require
replacement of the incorrect gauge wiring with the correct wiring
required by type design and the aircraft's circuit protection. We are
proposing this AD to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 24,
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Hawker Beechcraft Corporation, B091-A04, 10511 E. Central Ave.,
Wichita, Kansas 67206; telephone: 1<PHONE_NUMBER> or<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>or Internet:
http://www.hawkerbeechcraft.com/customer_support/technical_and_field_support/. 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>.

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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Richard Rejniak, Aerospace Engineer,
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0829;
Directorate Identifier 2012-CE-024-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received notification from Hawker Beechcraft Corporation that
their wiring fabricators created wiring bundles with the incorrect
gauge wiring for the three-light strobe system of certain Model G58
airplanes. The wire used is a smaller gauge wire than required by type
design and the aircraft's circuit protection is not adequate to protect
the incorrect gauge wire. This condition, if not corrected, could
result in smoke in the cockpit and the possible failure of the
aircraft's strobe light system. The failure of the wiring for the
aircraft's strobe light system could also cause potential damage to
surrounding wires.

Relevant Service Information

    We reviewed Hawker Beechcraft Mandatory Service Bulletin No. SB 33-
4053, dated February 2011. The service bulletin describes procedures
for replacing the existing 20-gauge wire with a new wire of 18-gauge
size, part number (P/N) M27500-18TE1T14, or equivalent.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 40 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace supply wire of the three       16 work-hours x $85 per               $50          $1,410         $56,400
 light strobe system.                   hour = $1,360.
----------------------------------------------------------------------------------------------------------------

     According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

Hawker Beechcraft Corporation Airplanes: Docket No. FAA-2012-0829;
Directorate Identifier 2012-CE-024-AD.

(a) Comments Due Date

    We must receive comments by September 24, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hawker Beechcraft Corporation Model G58
airplanes, serial numbers (S/N) TH-2218 through TH-2285, that are
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 24, Electrical power.

(e) Unsafe Condition

    This AD was prompted by notification from Hawker Beechcraft
Corporation that certain aircraft were produced with the incorrect
gauge wiring installed. We are issuing this AD to correct the unsafe
condition on these products.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Replace Supply Wire of the Three Light Strobe System

    Within the next 50 hours time-in-service (TIS) after the
effective date of this AD or within the next 6 calendar months after
the effective date of this AD, whichever occurs first, replace the
supply wire of the three-light strobe system. Do the replacement
following Hawker Beechcraft Mandatory Service Bulletin No. SB 33-
4053, dated February 2011.

(h) Special Flight Permit

    Special flight permits are permitted with the following
limitation: visual flight rules (VFR) day conditions.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Richard Rejniak,
Aerospace Engineer, Wichita Aircraft Certification Office, 1801
Airport Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-
4128; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Hawker Beechcraft Corporation, B091-A04, 10511 E. Central Ave.,
Wichita, Kansas 67206; telephone: 1<PHONE_NUMBER> or (316) 676-
3140; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>or
Internet: http://www.hawkerbeechcraft.com/customer_support/technical_and_field_support/. 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
(816) 329-4148.

    Issued in Kansas City, Missouri, on August 3, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-19541 Filed 8-8-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Notices]
[Page 56513]
[DOCID:fr27se06-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-599-000]

Guardian Pipeline, L.L.C.; Notice of Tariff Filing

September 21, 2006.
    Take notice that on September 19, 2006, Guardian Pipeline, L.L.C.
(Guardian) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, Twelfth Revised Sheet No. 5, to become effective November
1, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 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. E6-15808 Filed 9-26-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50543-50545]
[FR Doc No: 2019-20694]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87017; File No. SR-NYSEARCA-2019-66]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot
Related to the Market-Wide Circuit Breaker in Rule 7.12-E

September 19, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 17, 2019, NYSE Arca, Inc. (``NYSE Arca'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 extend the pilot related to the market-
wide circuit breaker in Rule 7.12-E. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
    Rule 7.12-E provides a methodology for determining when to halt
trading in all stocks due to extraordinary market volatility (i.e.,
market-wide circuit breakers). The market-wide circuit breaker
(``MWCB'') mechanism under Rule 7.12-E was approved by the Commission
to operate on a pilot basis,\4\ the term of which was to coincide with
the pilot period for the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS (the ``LULD
Plan''),\5\ including any extensions to the pilot period for the LULD
Plan.\6\ The Commission recently approved an amendment to the LULD Plan
for it to operate on a permanent, rather than pilot, basis.\7\ In light
of the proposal to make the LULD Plan permanent, the Exchange amended
Rule 7.12-E to untie the pilot's effectiveness from that of the LULD
Plan and to extend the pilot's effectiveness to the close of business
on October 18, 2019.\8\
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    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-NYSEArca -2011-68).
    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012). The LULD Plan provides a
mechanism to address extraordinary market volatility in individual
securities.
    \6\ See Securities Exchange Act Release Nos. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-NYSEArca -2011-68) (Approval
Order); and 68785 (January 31, 2013), 78 FR 8646 (February 6, 2013)
(SR-NYSEArca -2013-06) (Notice of Filing and Immediate Effectiveness
of Proposed Rule Change Delaying the Operative Date of a Rule Change
to Exchange Rule 7.12).
    \7\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019).
    \8\ See Securities Exchange Act Release No. 85561 (April 9,
2019), 84 FR 15262 (April 15, 2019) (SR-NYSEArca -2019-23).
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    The Exchange now proposes to amend Rule 7.12-E to extend the pilot
to the close of business on October 18, 2020. This filing does not
propose any substantive or additional changes to Rule 7.12-E. The
Exchange will use the extension period to develop with the other SROs
rules and procedures that would allow for the periodic testing of the
performance of the MWCB mechanism, with industry member participation
in such testing. The extension will also permit the exchanges to
consider enhancements to the MWCB processes such as modifications to
the Level 3 process.
    The market-wide circuit breaker under Rule 7.12-E provides an

important, automatic mechanism that is invoked to promote stability and
investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. All U.S.
equity exchanges and FINRA adopted uniform rules on a pilot basis
relating to market-wide circuit breakers in 2012 (``MWCB Rules''),
which are designed to slow the effects of extreme price movement
through coordinated trading halts across securities markets when severe
price declines reach levels that may exhaust market liquidity.\9\
Market-wide circuit breakers provide for trading halts in all equities
and options markets during a severe market decline as measured by a
single-day decline in the S&P 500 Index.
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    \9\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex -2011-73; SR-NYSEArca -2011-68; SR-Phlx-2011-129) (``MWCB
Approval Order'').
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    Pursuant to Rule 7.12-E, a market-wide trading halt will be
triggered if the S&P 500 Index declines in price by specified
percentages from the prior day's closing price of that index.
Currently, the triggers are set at three circuit breaker thresholds: 7%
(Level 1), 13% (Level 2), and 20% (Level 3). A market decline that
triggers a Level 1 or Level 2 halt after 9:30 a.m. ET and before 3:25
p.m. ET would halt market-wide trading for 15 minutes, while a similar
market decline at or after 3:25 p.m. ET would not halt market-wide
trading. A market decline that triggers a Level 3 halt, at any time
during the trading day, would halt market-wide trading until the
primary listing market opens the next trading day.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ 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. The market-wide circuit breaker mechanism under Rule 7.12-E
is an important, automatic mechanism that is invoked to promote
stability and investor confidence during a period of significant stress
when securities markets experience extreme broad-based declines.
Extending the market-wide circuit breaker pilot for an additional year
would ensure the continued, uninterrupted operation of a consistent
mechanism to halt trading across the U.S. markets while the Exchange,
with the other SROs, consider and develop rules and procedures that
would allow for the periodic testing of the performance of the MWCB
mechanism, which would include industry member participation in such
testing. The extension will also permit the exchanges to consider
enhancements to the MWCB processes such as modifications to the Level 3
process.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change promotes
just and equitable principles of trade in that it promotes transparency
and uniformity across markets concerning when and how to halt trading
in all stocks as a result of extraordinary market volatility. Based on
the foregoing, the Exchange believes the benefits to market
participants from the MWCB under Rule 7.12-E should continue on a pilot
basis because the MWCB will promote fair and orderly markets, and
protect investors and the public interest.

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 because the proposal would
ensure the continued, uninterrupted operation of a consistent mechanism
to halt trading across the U.S. markets while the Exchange, in
conjunction with the other SROs, consider and develop rules and
procedures that would allow for the periodic testing of the performance
of the MWCB mechanism. Furthermore, as noted above, the extension will
permit the exchanges to consider enhancements to the MWCB processes
such as modifications to the Level 3 process.
    Further, the Exchange understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot. Thus, the proposed
rule change will help to ensure consistency across market centers
without implicating any competitive issues.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 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.
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2019-66 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2019-66. This
file number should be included on the

subject line if email is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's internet website
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all
subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEARCA-2019-66 and should be submitted on or before October 16, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20694 Filed 9-24-19; 8:45 am]
 BILLING CODE 8011-01-P


Verner Liipfert Bernhard

McPherson and Hand, Chartered

901 15th Street, N.W., Suite 700

Washington, D.C.  20005

202-371-6030

	ShawPittman LLP

2300 N Street, N.W.

Washington, D.C.  20037

202-663-8060

June 4, 2002

Mr. Paul L. Gretch

Director, Office of International Aviation

U.S. Department of Transportation

400 Seventh Street, S.W., Room 6402

Washington, D.C.  20590

Re:	30-Day Notice of Delta Air Lines, Inc. (“Delta”) and

Aerovias de Mexico, S.A. de C.V. (“Aeromexico”)

(Intra-Mexico codesharing), Docket OST-97-3289

Dear Mr. Gretch:

Pursuant to Order 99-6-6, Delta and Aeromexico hereby notify the Department that, beginning on or about July 8, 2002, Aeromexico will display Delta’s “DL” designator code on flights operated by Aeromexico between Monterrey and Cancun.

Respectfully submitted,

/s/ William C. Evans				 /s/ A. Van der Bellen

William C. Evans

Verner Liipfert Bernhard

McPherson and Hand, Chartered

901 15th Street, NW, Suite 700

Washington, D.C.  20005

202-371-6030

Robert E. Cohn

Alexander Van der Bellen

ShawPittman LLP

2300 N Street, NW

Washington, D.C.  20037

202-663-8060

Counsel for

Aerovias de Mexico, S.A. de C.V.

Counsel for

Delta Air Lines, Inc.

Footnote continued from previous page

Footnote continued on next page


[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Proposed Rules]
[Pages 37045-37048]
[FR Doc No: 2011-15883]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 171

[EPA-HQ-OPP-2011-0049; FRL-8863-7]
RIN 2070-AJ77

Synchronizing the Expiration Dates of EPA Pesticide Applicator
Certificates With the Underlying State or Tribal Applicator Certificate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Restricted use pesticides (RUP) are those which may generally
cause unreasonable adverse effects on the environment without
additional restrictions. RUPs may only be applied by or under the
direct supervision of an applicator certified as competent by a
certifying agency. A State, tribe, or Federal agency becomes a
certifying agency by receiving approval from EPA on their certification
plan. In areas not covered by a certifying agency, EPA may

establish a Federal certification plan and issue Federal certificates
directly. In cases where EPA will issue a Federal certificate based on
an existing valid certificate from a certifying agency, this proposed
rule would synchronize the expiration dates on the Federal certificate
with that of the certificate on which it is based.

DATES: Comments must be received on or before August 23, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0049, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2011-0049. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Amaris Johnson, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are or intend
to become a certified applicator under an EPA Federal certification
plan. Certified applicators are included in 3 major industries in the
North American Industrial Classification System (NAICS) described as
crop production, animal production or exterminating, and pest control
services. Potentially affected entities may include, but are not
limited to:
     Crop Production (NAICS code 111), e.g., individuals that
are private certified applicators on farms.
     Animal Production (NAICS code 112), e.g., individuals that
are private certified applicators on farms.
     Exterminating and Pest Control Services (NAICS code
561710), e.g., individuals that are commercial certified applicators
for hire.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The NAICS codes have been provided to assist you and others
in determining whether this action might apply to certain entities. If
you have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What is the agency's authority for taking this action?

    This proposed rule is issued pursuant to the authority given the
EPA

Administrator in sections 11 and 25 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). Section 11 of FIFRA, 7 U.S.C.
136i, requires EPA to provide certification plans for applicators of
restricted use pesticides. Section 25 of FIFRA, 7 U.S.C. 136w,
authorizes EPA to issue regulations to carry out provisions of FIFRA.

III. What action is the agency taking?

    EPA is proposing to amend 40 CFR 171.11(e). This action would
synchronize the expiration dates for the EPA Federal and certifying
agency certifications of restricted use pesticide applicators. This
minor revision does not pose any additional requirement or burden, and
is expected to have a beneficial impact on affected entities, without
impacting human health or the environment. EPA will benefit through the
reduction of administration of Federal certification plans.

IV. Background

    Under the provisions of FIFRA section 3(d)(1)(C), EPA shall
classify a pesticide for restricted use, if, absent additional
regulatory restrictions, the Agency determines that it may generally
cause unreasonable adverse effects on the environment. RUPs may only be
applied by a certified applicator or under the direct supervision of a
certified applicator.
    Pesticide applicators can be certified either by a certifying
agency (a State, Tribe, or non-EPA Federal agency that has an EPA-
approved certification plan), or directly by EPA through a Federal
certification plan for an area or situation not covered by a certifying
agency's plan. Applicators must demonstrate competency to the
certifying agency granting the certificate, according to the
requirements of that agency's plan. Currently, all 50 States and four
tribes are certifying agencies (i.e., they implement their EPA-approved
certification plans). Applicators certified by a State or a certifying
tribe may apply RUPs in their State or that tribe's Indian country
without a Federal certificate. However, under 40 CFR 171.11, in areas
where there is no EPA-approved certification plan in effect (currently,
most of Indian country), EPA may implement a Federal plan, thereby
allowing applicators to use RUPs in the area covered by the plan after
receiving Federal certification. Under 40 CFR 171.11(e), a Federal plan
may include an option that allows applicators to be issued an EPA
Federal certificate after submitting to EPA a certification form along
with documentation of a valid certificate from a certifying agency,
without further demonstration of competency.
    Applicator certificates have expiration dates to help ensure that
certified applicators maintain their competency. All certifying
agencies implement a recertification program for applicators. These
programs require certified applicators to continue to meet the
competency requirements either through continuing education or
examination.

V. Why is the agency taking this action?

    Section 171.11(e) states that an EPA Federal certificate based on a
certifying agency's certificate is valid for 2 years for commercial
applicators and 3 years for private applicators, or until the
expiration date of the original certifying agency certificate,
whichever occurs first. The duration of the certification period varies
significantly among States, with some currently being shorter and some
longer than the Federal certificate maximum of 2 or 3 years. This
proposed rule would eliminate the 2 or 3 year maximum for Federal
certificates, and allow Federal certification to expire at the same
time as the underlying certifying agency certificate. Therefore,
applicators who obtain Federal certification using a State certificate
that expires in the same time as the current Federal maximum, or
shorter time, would not be affected by this proposed rule.
    However, the proposed rule would eliminate potential drawbacks to
applicators holding a Federal certificate when the underlying State
certificate is valid for a longer time period than the maximum 2 or 3
years for the EPA Federal certificate. Under the current regulation,
for an applicator certified in such a State to continue a Federal
certification, prior to expiration of their Federal certificate they
would need to complete a new application form and again provide written
evidence of the valid state certification. Federal recertification in
this situation becomes an unnecessary, additional paperwork burden for
both EPA and the applicator with no additional benefits to human health
or the environment since the applicator can reapply for a Federal
certificate using the same underlying certificate with no new
demonstration of competency.
    A potential benefit to Federal recertification occurring more
frequently than the State's, is that in checking the current validity
of the applicant's underlying State certificate, EPA may discover that
the issuing State has modified, suspended, or revoked the certificate,
thereby giving EPA the opportunity to deny the recertification
application or modify the new Federal certificate. However, EPA expects
to learn of modifications, suspensions, or revocations of State
certificates independent of the timing of Federal recertification.
Given that EPA would make decisions on modifications, suspensions, or
revocations of Federal certificates independent of recertification,
Federal recertification at a different time from the State
recertification would be of no benefit. Federal recertification at the
same time as the State recertification, as proposed, would be
beneficial in that it would be a recertification based on newly
demonstrated competency. In addition, different expiration dates for
the Federal certificate and the original certificate may cause
unnecessary complication and confusion for applicators and EPA. The
added confusion and paperwork lowers the probability of successful
compliance by the regulated community.

VI. FIFRA Mandated Reviews

    In accordance with FIFRA section 25(a) and (d), EPA submitted a
draft of this proposed rule to the Committee on Agriculture in the
House of Representatives, the Committee on Agriculture, Nutrition, and
Forestry in the United States Senate, the Secretary of Agriculture, and
the FIFRA Scientific Advisory Panel (SAP). The SAP and the Secretary of
Agriculture waived review of this proposed rule.

VII. Statutory and Executive Order Reviews

    This action proposes to allow EPA to use the same expiration date
for the certification it grants, using the expiration date of the valid
certification upon which the EPA certification is based. It does not
otherwise propose to amend or impose any other requirements. The
proposed rule will not otherwise involve any significant policy or
legal issues, and will not increase existing costs. In fact,
synchronizing the expiration dates can reduce burden because some
applicators will have to complete less paperwork by having a reduced
frequency of Federal recertification.
    As such, the Office of Management and Budget (OMB) has determined
that this is not a ``significant regulatory action'' under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993). Nor does it impose any additional information
collection burden that requires review by OMB under the provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
information collection activities

contained in the regulations are already approved under OMB control
number 2070-0029 (EPA ICR No. 0155.09) and the changes to the
expiration date are not expected to change the covered activities. An
agency may not conduct or sponsor, and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for certain EPA
regulations in 40 CFR, in addition to appearing in the Federal
Register, are also listed in 40 CFR part 9.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that this proposed
rule does not have a significant adverse economic impact on a
substantial number of small entities. The proposed revision that would
synchronize the certification expiration dates for restricted use
applicators is not expected to have any adverse economic impacts on
affected entities, regardless of their size. In general, EPA strives to
minimize potential adverse impacts on small entities when developing
regulations to achieve the environmental and human health protection
goals of the statute and EPA. EPA solicits comments specifically about
potential small business impacts.
    State, local, and tribal governments are not regulated by or
affected by this proposed rule, so it is not expected to affect these
governments. Accordingly, pursuant to Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1531-1538), EPA has determined that this
action is not subject to the requirements in sections 202 and 205 of
UMRA because it does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or for the private sector in any 1 year.
In addition, this action does not significantly or uniquely affect
small governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of UMRA. For the same reasons, EPA
has determined that this proposed rule does not have ``federalism
implications'' as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999), because it would 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 the Order. Thus, Executive Order 13132 does not apply to
this proposed rule. Nor does it have ``tribal implications'' as
specified in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 22951, November 9,
2000). Thus, Executive Order 13175 does not apply to this action.
    Since this action is not economically significant under Executive
Order 12866, it is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), and Executive Order 13211, entitled
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). In addition, EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that concern health or safety risks, which is not the case in
this proposed rule.
    This action does not involve technical standards that would require
the consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
(15 U.S.C. 272 note).
    This action does not have an adverse impact on the environmental
and health conditions in low-income and minority communities.
Therefore, this action does not involve special consideration of
environmental justice related issues as specified in Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).

List of Subjects in 40 CFR Part 171

    Environmental protection, Indians--lands, Intergovernmental
relations, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: June 14, 2011.
Lisa P. Jackson,
Administrator.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
    1. The authority citation for part 171 continues to read as
follows:

    Authority:  7 U.S.C. 136i and 136w.

    2. Amend Sec.  171.11 by revising paragraph (e) to read as follows:

Sec.  171.11  Federal certification of pesticide applicators in States
or on Indian Reservations where there is no approved State or Tribal
certification plan in effect.

* * * * *
    (e) Recognition of other certificates. The Administrator may issue
a certificate to an individual possessing any other valid Federal,
State, or Tribal certificate without further demonstration of
competency. The individual shall submit the EPA certification form and
written evidence of valid certification to the appropriate EPA Regional
Office. The Administrator may deny issuance of such certificate if the
standards of competency for each category or subcategory identified in
the other Federal, State, or Tribal certificate are not sufficiently
comparable to justify waiving further demonstration of competency. The
Administrator may revoke, suspend, or modify such certificate if the
Federal, State, or Tribal certificate upon which it is based is
revoked, suspended, or modified. Unless suspended or revoked, a
certificate issued under this paragraph is valid until the expiration
date of the Federal, State, or Tribal certificate.
* * * * *
[FR Doc. 2011-15883 Filed 6-23-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81537-81538]
[FR Doc No: 2015-32829]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-513-000]

Texas Gas Transmission, LLC; Notice of Schedule for Environmental
Review of the Northern Supply Access Project

    On June 5, 2015, Texas Gas Transmission, LLC (Texas Gas) filed an
application in Docket No. CP15-513 requesting a Certificate of Public
Convenience and Necessity pursuant to section 7(c) of the Natural Gas
Act to construct and operate certain natural gas pipeline facilities.
The proposed project is known as the Northern Supply Access Project
(Project), and would allow Texas Gas to provide an additional 384,000
million standard cubic feet per day of natural gas of north to south
transportation capacity on Texas Gas's system while maintaining bi-
directional flow capability on its system.
    On June 17, 2015, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

                    Schedule for Environmental Review
------------------------------------------------------------------------

------------------------------------------------------------------------
Issuance of EA........................  February 4, 2016.
90-day Federal Authorization Decision   May 4, 2016.
 Deadline.
------------------------------------------------------------------------

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Texas Gas proposes to construct, install, own, operate, and
maintain the proposed Northern Supply Access Project, which would
involve modifications at eight existing compressor stations in
Morehouse Parish, Louisiana; Coahoma County, Mississippi; Tipton
County, Tennessee; Webster, Breckinridge, and Jefferson Counties,
Kentucky; and Lawrence and Dearborn Counties, Indiana. Texas Gas would
also add one new 23,877 horsepower compressor station in Hamilton
County, Ohio.

Background

    On September 4, 2015, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Northern Supply
Access Project and Request for Comments on Environmental Issues (NOI).
The NOI was sent to affected landowners; federal, state, and local
government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the NOI, the Commission
received consultation letters from U.S. Fish and Wildlife Service,
Tennessee Department of Environment and Conservation, and Mississippi,
Kentucky and Indiana State Historic Preservation Officer. The
Commission also received comments from the City of Harrison, Great
Parks of Hamilton County, and the Allegheny Defense Project/Center for
Biological Diversity/Fresh Water Accountability Project/Heartwood/Ohio
Valley Environmental Coalition. The primary issues raised by the
commentors focused on the environmental impacts of operating the new
Harrison Compressor Station near residences and the Miami Whitewater
Forest and the indirect/cumulative impacts of shale gas development.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits

(i.e., CP15-513), and follow the instructions. For assistance with
access to eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY
(202) 502-8659, or at<EMAIL_ADDRESS>The eLibrary link on
the FERC Web site also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rule makings.

    Dated: December 23, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-32829 Filed 12-29-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71689-71690]
[FR Doc No: 2013-28570]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70927; File No. 4-669]

Self-Regulatory Organizations; Topaz Exchange, LLC; Notice of
Filing of Proposed Minor Rule Violation Plan

November 22, 2013.
    Pursuant to Section 19(d)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19d-1(c)(2) thereunder,\2\ notice is hereby
given that on November 14, 2013, Topaz Exchange, LLC (d/b/a ISE Gemini)
(the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed minor rule violation plan (``MRVP'') with
sanctions not exceeding $2,500 which would not be subject to the
provisions of Rule 19d-1(c)(1) of the Act \3\ requiring that a self-
regulatory organization (``SRO'') promptly file notice with the
Commission of any final disciplinary action taken with respect to any
person or organization.\4\ In accordance with Rule 19d-1(c)(2) under
the Act,\5\ the Exchange proposes to designate certain specified rule
violations as minor rule violations, and requests that it be relieved
of the prompt reporting requirements regarding such violations,
provided it gives notice of such violations to the Commission on a
quarterly basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(d)(1).
    \2\ 17 CFR 240.19d-1(c)(2).
    \3\ 17 CFR 240.19d-1(c)(1).
    \4\ The Commission adopted amendments to paragraph (c) of Rule
19d-1 to allow SROs to submit for Commission approval plans for the
abbreviated reporting of minor disciplinary infractions. See
Securities Exchange Act Release No. 21013 (June 1, 1984), 49 FR
23828 (June 8, 1984). Any disciplinary action taken by an SRO
against any person for violation of a rule of the SRO which has been
designated as a minor rule violation pursuant to such a plan filed
with and declared effective by the Commission shall not be
considered ``final'' for purposes of Section 19(d)(1) of the Act if
the sanction imposed consists of a fine not exceeding $2,500 and the
sanctioned person has not sought an adjudication, including a
hearing, or otherwise exhausted his administrative remedies.
    \5\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

    The Exchange proposes to include in its MRVP the procedures and
violations currently included in Exchange Rule 1614 (``Imposition of
Fines for Minor Rule Violations''), which has been

incorporated by reference from the International Securities Exchange's
rule book.\6\ According to the Exchange's MRVP, under Rule 1614, the
Exchange may impose a fine (not to exceed $2,500) on any Member, or
person associated with or employed by a Member, for any rule listed in
Rule 1614(d).\7\ The Exchange shall serve the person against whom a
fine is imposed with a written statement setting forth the rule or
rules violated, the act or omission constituting each such violation,
the fine imposed, and the date by which such determination becomes
final or by which such determination must be contested. If the person
against whom the fine is imposed pays the fine, such payment shall be
deemed to be a waiver of such person's right to a disciplinary
proceeding and any review of the matter under the Exchange rules. Any
person against whom a fine is imposed may contest the Exchange's
determination by filing with the Exchange a written answer, at which
point the matter shall become a disciplinary proceeding.
---------------------------------------------------------------------------

    \6\ As noted above, the Exchange received its grant of
registration on July 26, 2013, which included approving the rules
that govern the Exchange.
    \7\ While Rule 1614 allows the Exchange to administer fines up
to $5,000, the Exchange is only seeking relief from the reporting
requirements of paragraph (c)(1) of Rule 19d-1 for fines
administered under Rule 1614(d) that do not exceed $2,500.
---------------------------------------------------------------------------

    The Exchange proposes that, as set forth in Exchange Rule 1614(d),
violations of the following rules would be appropriate for disposition
under the MRVP: Rule 412 (Position Limits); Rule 415 (Reports Related
to Position Limits); Rule 1403 (Focus Reports); Rule 1404 (Requests for
Trade Data); Conduct and Decorum Policies; Rule 717 (Order Entry); Rule
803 (Quotation Parameters); Rule 805 (Execution of Orders in Appointed
Options); Rule 419 (Mandatory Systems Testing); and Rule 1100 (Exercise
of Options Contracts).
    Upon the Commission's declaration of effectiveness of the MRVP, the
Exchange will provide to the Commission a quarterly report for any
actions taken on minor rule violations under the MRVP. The quarterly
report will include: the Exchange's internal file number for the case,
the name of the individual and/or organization, the nature of the
violation, the specific rule provision violated, the sanction imposed,
the number of times the rule violation occurred, and the date of the
disposition.
    The Exchange also proposes that, going forward, to the extent that
there are any changes to the rules applicable to the Exchange's MRVP,
the Exchange requests that the Commission deem such changes to be
modifications to the Exchange's MRVP.

I. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the Exchange's proposed MRVP, including whether
the proposed MRVP 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 No. 4-669 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 No. 4-669. 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 MRVP that are filed with the
Commission, and all written communications relating to the proposed
MRVP between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the proposed MRVP 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 No. 4-669 and should be submitted on
or before December 20, 2013.

II. Date of Effectiveness of the Proposed Minor Rule Violation Plan and
Timing for Commission Action

    Pursuant to Section 19(d)(1) of the Act and Rule 19d-1(c)(2)
thereunder,\8\ after December 20, 2013, the Commission may, by order,
declare the Exchange's proposed MRVP effective if the plan is
consistent with the public interest, the protection of investors, or
otherwise in furtherance of the purposes of the Act. The Commission in
its order may restrict the categories of violations to be designated as
minor rule violations and may impose any other terms or conditions to
the proposed MRVP, File No. 4-669, and to the period of its
effectiveness, which the Commission deems necessary or appropriate in
the public interest, for the protection of investors or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(d)(1); 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(44).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28570 Filed 11-27-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33844-33846]
[FR Doc No: 2018-15254]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0164; FRL-9980-92--Region 5]

Air Plan Approval; Ohio; Ohio NSR PM2.5 Precursors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revisions to Ohio's state implementation plan
(SIP) as requested by the Ohio Environmental Protection Agency (OEPA)
on March 10, 2017, and supplemented on July 18, 2017. The revisions to
Ohio's SIP implement certain EPA regulations for particulate matter
smaller than 2.5 micrometers (PM2.5) for nonattainment areas
by establishing definitions related to PM2.5 and defining
PM2.5 precursors. The revisions also incorporate the
findings of a comprehensive precursor demonstration performed by OEPA,
which determined that volatile organic compounds (VOC) and ammonia
(NH3) are an insignificant source of PM2.5 for
the purpose of new source review in nonattainment areas in Ohio.

DATES: This final rule is effective on August 17, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0164. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Charmagne Ackerman, Environmental Engineer, at (312)
886-0448 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charmagne Ackerman, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. What action is EPA taking?
III. Incorporation by Reference.
IV. Statutory and Executive Order Reviews.

I. Background

    On March 10, 2017, OEPA submitted to EPA revisions to Ohio
Administrative Code (OAC) chapter 3745-31-01. The revisions were made
to implement the ``Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements.'' Subsequently, on
July 18, 2017, OEPA submitted to EPA a letter clarifying the March 10,
2017 submittal. OEPA clarified that limited portions of OAC 3745-31-01
should be included as a SIP revision. The revisions to OAC 3745-31-01,
specifically, subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW),
paragraph (NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee)
will make the rule consistent with 40 CFR 51.165 and 40 CFR 52.21.
    On March 29, 2018 (83 FR 13457), EPA published a notice of proposed
rulemaking (NPR) proposing approval of Ohio's March 10, 2017 SIP
revision and clarification letter allowing for the approval of
revisions to OAC 3745-31-01. The specific details of Ohio's March 10,
2017 SIP revision submittal, Ohio's clarifying letter, and the
rationale for EPA's approval are discussed in the NPR and will not be
restated here. EPA received three comments during the comment period on
the proposed action. None of the comments were relevant to the
rulemaking.

II. What action is EPA taking?

    EPA is approving the SIP revision submittal. Ohio's SIP revisions
comply with regulations that EPA promulgated to address the
PM2.5 NAAQS. EPA finds that these revisions implement the
NNSR rules by defining precursors for PM2.5, as required by
EPA's regulations.
    EPA is approving the revisions to OAC 3745-31-01, specifically
subparagraph (LLL)(6), paragraph (NNN), paragraph (WWWW), paragraph
(NNNNN), paragraph (VVVVV), and subparagraph (LLLLLL)(2)(ee). EPA finds
that the revisions are consistent with Federal requirements.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the

agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 17, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.

    Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1870, the table in paragraph (c) is amended under
``Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install
and Operate Program'' by revising the entry for ``3745-31-01'' and
adding an second entry for ``3745-31-01'' in numerical order to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
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                                                     Ohio effective
         Ohio citation              Title/subject         date        EPA approval date           Notes
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             Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
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3745-31-01.....................  Definitions.......       5/29/2014  6/2/2015, 80 FR     Except for (I), (NNN),
                                                                      36477.              (SSS)(1)(b), (QQQQ),
                                                                                (WWWW), (JJJJJ),
                                                                                (NNNNN), (VVVVV),
                                                                                (BBBBBB) and
                                                                                (LLLLLL)(2)(y).
3745-31-01.....................  Definitions.......       3/20/2017  7/18/2018, [Insert  Only (LLL)(6), (NNN),
                                                                      Federal Register    (WWWW), (NNNNN),
                                                                      citation].          (VVVVV), and
                                                                                (LLLLLL)(2)(ee)

                                                  * * * * * * *
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[FR Doc. 2018-15254 Filed 7-17-18; 8:45 am]
 BILLING CODE 6560-50-P