[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Page 18973]
[FR Doc No: 2013-07215]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1155-000]

DTE Stockton, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of DTE Stockton, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is April 11, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 22, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-07215 Filed 3-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Page 45921]
[FR Doc No: 2013-18264]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-1091-000.
    Applicants: Stingray Pipeline Company, L.L.C.
    Description: Revise Stingray System Map to be effective 9/1/2013.
    Filed Date: 7/23/13.
    Accession Number: 20130723-5037.
    Comments Due: 5 p.m. ET 8/5/13.

    Docket Numbers: RP13-1092-000.
    Applicants: Kern River Gas Transmission Company.
    Description: 2013 NAESB Copyright to be effective 8/23/2013.
    Filed Date: 7/23/13.
    Accession Number: 20130723-5062.
    Comments Due: 5 p.m. ET 8/5/13.

    Docket Numbers: RP13-1093-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Removal of Expiring Agreements to be effective 8/24/
2013.
    Filed Date: 7/24/13.
    Accession Number: 20130724-5025.
    Comments Due: 5 p.m. ET 8/5/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 24, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-18264 Filed 7-29-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26743-26747]
[FR Doc No: 2020-09519]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88767; File No. SR-MIAX-2020-08]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To List and Trade Options That Overlie Five
Advanced Fundamentals LLC Commercial Real Estate Indexes

April 29, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 17, 2020, Miami International Securities Exchange, LLC
(``MIAX'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to list and trade options that
overlie five Advanced Fundamentals LLC (``Advanced Fundamentals'')
Commercial Real Estate Indexes (the ``AF CRE Indexes'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX's principal
office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend certain of the
Exchange's rules in connection with the Exchange's plan to list and
trade options on five AF CRE Indexes \3\--the AF CRE Residential Index,
AF CRE Retail Index, AF CRE Office Index, AF CRE Hospitality Index \4\
and AF CRE Composite Index. The AF CRE Indexes measure real-time real
estate returns representing the performance of real estate investment
trusts (``REITs'') and/or publicly listed equity companies across
various sectors. The AF CRE Sector Indexes measure real-time real
estate returns representing the performance of REITs and/or publicly
listed equity companies within one of the following sectors:
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    \3\ On April 16, 2020, the Exchange filed a Form 19b-4(e) with
the Commission pursuant to Rule 19b-4(e) of the Act for the AF CRE
Indexes.
    \4\ The AF CRE Residential Index, AF CRE Retail Index, AF CRE
Office Index and AF CRE Hospitality Index are collectively referred
to herein as the ``AF CRE Sector Indexes.''

------------------------------------------------------------------------
                                                             Number of
             Sector                     Symbol \5\        components \6\
------------------------------------------------------------------------
Residential.....................  MXAFR                               15
Retail..........................  MXAFT                               15
Office..........................  MXAFO                               14
Hospitality.....................  MXAFH                               14
------------------------------------------------------------------------

    Each constituent of an AF CRE Index is a REIT or equity company
listed on a U.S. securities exchange. The individual components of each
AF CRE Sector Index are determined from the REITs/equity companies that
have the largest enterprise value (``Enterprise Value'') \7\ within
each individual sector and that also meet certain minimum eligibility
requirements.\8\ The components of the AF CRE Sector Indexes are each
an NMS stock as defined in Rule 600 of Regulation NMS (``Reg NMS'')
under the Act. The AF CRE Composite Index measures the weighted average
returns of the four AF CRE Sector Indexes and consists of up to 60
publicly traded REITs and/or equity companies, which comprise the four
underlying sector returns that are listed on a U.S. securities
exchange.\9\ Refinitiv monitors and maintains each AF CRE Index and
rebalances each AF CRE Index quarterly.
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    \5\ These symbols represent each AF CRE Index.
    \6\ If less than 15 components are eligible, the AF CRE Sector
Indexes are calculated using less than 15 components, but no fewer
than 10 components.
    \7\ The term ``Enterprise Value'' refers to the measure of a
company's total value, calculated by adding the company's market
capitalization, total liabilities and preferred equity, then
subtracting all cash and cash equivalents. See https://www.investopedia.com/terms/e/enterprisevalue.asp.
    \8\ Refinitiv is the reporting authority for each of the AF CRE
Indexes. See proposed Exchange Rule 1801, Interpretation and Policy
.01. Thomson Reuters' Financial & Risk (``F&R'') business unit was
rebranded under the name ``Refinitiv'' in 2018 when Thomson Reuters
sold a majority stake in its F&R business unit to private equity
firm Blackstone Group LP. Refinitiv provides financial markets data
and infrastructure in over 150 countries. Part of Refinitiv's
services include, but are not limited to, the calculation of various
indexes. See Thomson Reuters Financial & Risk Business Announces New
Company Name: Refinitiv (July 27, 2018), available at https://www.thomsonreuters.com/en/press-releases/2018/july/thomson-reuters-financial-and-risk-business-announces-new-company-name-refinitiv.html.
    \9\ The symbol for the AF CRE Composite Index is ``MXAFC.''
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Initial and Maintenance Listing Criteria
    The AF CRE Composite Index meets the definition of a broad-based
index as set forth in Exchange Rule 1802(d) (an index designed to be
representative of a stock market as a whole or of a range of companies
in unrelated industries). Additionally, the AF CRE Composite Index
option satisfies the initial listing criteria of a broad-based index,
as set forth in Exchange Rule 1802(d):
    (1) Options will be A.M.-settled index options;
    (2) the index is capitalization-weighted, price-weighted, equal
dollar-weighted, or modified capitalization-weighted, and consists of
50 or more component securities (the AF CRE Composite Index is modified
capitalization-weighted);
    (3) the component securities that account for at least ninety-five
percent

(95%) of the weight of the index have a market capitalization of at
least $75 million, except that component securities that account for at
least sixty-five percent (65%) of the weight of the index have a market
capitalization of at least $100 million;
    (4) component securities that account for at least eighty percent
(80%) of the weight of the index satisfy the requirements of Rule 402
applicable to individual underlying securities;
    (5) each component security that accounts for at least one percent
(1%) of the weight of the index has an average daily trading volume of
at least 90,000 shares during the last six month period;
    (6) no single component security accounts for more than ten percent
(10%) of the weight of the index, and the five highest weighted
component securities in the index do not, in the aggregate, account for
more than thirty-three percent (33%) of the weight of the index;
    (7) each component security is an ``NMS stock'' as defined in Rule
600 of Regulation NMS under the Exchange Act;
    (8) non-U.S. component securities (stocks or ADRs) that are not
subject to comprehensive surveillance agreements do not, in the
aggregate, represent more than twenty percent (20%) of the weight of
the index;
    (9) the current index value is widely disseminated at least once
every fifteen (15) seconds by OPRA, CTA/CQ, NIDS or one or more major
market data vendors during the time options on the index are traded on
the Exchange;
    (10) the Exchange reasonably believes it has adequate system
capacity to support the trading of options on the index, based on a
calculation of the Exchange's current ISCA allocation and the number of
new messages per second expected to be generated by options on such
index;
    (11) an equal dollar-weighted index will be rebalanced at least
once every calendar quarter;
    (12) if an index is maintained by a broker-dealer, the index is
calculated by a third-party who is not a broker-dealer, and the broker-
dealer has erected an informational barrier around its personnel who
have access to information concerning changes in, and adjustments to,
the index; and
    (12) the Exchange has written surveillance procedures in place with
respect to surveillance of trading options on the index.
    Options on the AF CRE Composite Index will be subject to the
maintenance and listing standards set forth in Exchange Rule 1802(e):
    (1) The requirements set forth in subparagraphs (d)(1)-(d)(3) and
(d)(9)-(d)(15) of Exchange Rule 1802 must continue to be satisfied. The
requirements set forth in subparagraphs (d)(5)-(d)(8) of Exchange Rule
1802 must be satisfied only as of the first day of January and July in
each year; and
    (2) the total number of component securities in the index may not
increase or decrease by more than ten percent (10%) from the number of
component securities in the index at the time of its initial
listing.\10\
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    \10\ In the event a class of index options listed on the
Exchange fails to satisfy the maintenance listing standards set
forth herein, the Exchange shall not open for trading any additional
series of options of that class unless the continued listing of that
class of index options has been approved by the Commission under
Section 19(b)(2) of the Exchange Act. See Exchange Rule 1802(e)(2).
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    Each of the AF CRE Sector Indexes meet the definition of a narrow-
based index as set forth in Exchange Rule 1802(b) (an index designed to
be representative of a particular industry or a group of related
industries and include indices having component securities that are all
headquartered within a single country). Additionally, the proposed
options on the AF CRE Sector Indexes satisfy the initial listing
criteria of a narrow-based index, as set forth in Exchange Rule
1802(b):
    (1) Options will be A.M.-settled index options;
    (2) the index is capitalization-weighted, price-weighted, equal
dollar-weighted, or modified capitalization-weighted, and consists of
ten or more component securities (the AF CRE Indexes are modified
capitalization-weighted);
    (3) each component security has a market capitalization of at least
$75 million, except that for each of the lowest weighted component
securities in the index that in the aggregate account for no more than
10% of the weight of the index, the market capitalization is at least
$50 million;
    (4) trading volume of each component security has been at least one
million shares for each of the last six months, except that for each of
the lowest weighted component securities in the index that in the
aggregate account for no more than 10% of the weight of the index,
trading volume has been at least 500,000 shares for each of the last
six months;
    (5) in a capitalization-weighted index or a modified
capitalization-weighted index, the lesser of the five highest weighted
component securities in the index or the highest weighted component
securities in the index that in the aggregate represent at least 30% of
the total number of component securities in the index each have had an
average monthly trading volume of at least 2,000,000 shares over the
past six months;
    (6) no single component security represents more than 30% of the
weight of the index, and the five highest weighted component securities
in the index do not in the aggregate account for more than 50% (65% for
an index consisting of fewer than 25 component securities) of the
weight of the index;
    (7) component securities that account for at least 90% of the
weight of the index and at least 80% of the total number of component
securities in the index satisfy the requirements of Rule 402 applicable
to individual underlying securities;
    (8) each component security is an ``NMS stock'' as defined in Rule
600 of Reg NMS under the Act;
    (9) non-U.S. component securities (stocks or ADRs) that are not
subject to comprehensive surveillance agreements do not in the
aggregate represent more than 20% of the weight of the index;
    (10) the current index value is widely disseminated at least once
every 15 seconds by OPRA, CTA/CQ, NIDS or one or more major market data
vendors during the time the index options are traded on the Exchange;
    (11) an equal dollar-weighted index will be rebalanced at least
once every calendar quarter; and
    (12) if an underlying index is maintained by a broker-dealer, the
index is calculated by a third party who is not a broker-dealer, and
the broker-dealer has erected an information barrier around its
personnel who have access to information concerning changes in and
adjustments to the index.
    Options on each of the AF CRE Sector Indexes will be subject to the
maintenance and listing standards set forth in Exchange Rule 1802(c):
    (1) The requirements stated in subparagraphs (b)(1), (3), (6), (7),
(8), (9), (10), (11) and (12) of Exchange Rule 1802 must continue to be
satisfied, provided that the conditions stated in subparagraph (b)(6)
must be satisfied only as of the first day of January and July in each
year;
    (2) the total number of component securities in the index may not
increase or decrease by more than 33\1/3\% from the number of component
securities in the index at the time of its initial listing, and in no
event may be less than nine component securities;
    (3) trading volume of each component security in the index must be
at least 500,000 shares for each of the last six months, except that
for each of the lowest weighted component securities

in the index that in the aggregate account for no more than 10% of the
weight of the index, trading volume must be at least 400,000 shares for
each of the last six months; and
    (4) in a capitalization-weighted index or a modified
capitalization-weighted index, the lesser of the five highest weighted
component securities in the index or the highest weighted component
securities in the index that in the aggregate represent at least 30% of
the total number of stocks in the index each have had an average
monthly trading volume of at least 1,000,000 shares over the past six
months.\11\
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    \11\ As is the case with other index options authorized for
listing and trading on MIAX, in the event an AF CRE Index fails to
satisfy the maintenance listing standards, the Exchange will not
open for trading any additional series of options of that class
unless such failure is determined by the Exchange not to be
significant and the Commission concurs in that determination, or
unless the continued listing of that class of index options has been
approved by the Commission under Section 19(b)(2) of the Act. See
Exchange Rule 1802(c)(4).
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Expiration Months, Settlement, and Exercise Style
    Consistent with existing rules for certain index options,\12\ the
Exchange will allow up to twelve near-term expiration months for
options on the AF CRE Indexes.\13\ The Exchange will likely not
initially list twelve near-term expiration months for options on the AF
CRE Indexes; however, the Exchange elects to have the ability to list
up to twelve near-term expiration months in the future.
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    \12\ See Securities Exchange Act Release No. 84417 (October 12,
2018), 83 FR 52865 (October 18, 2018) (SR-MIAX-2018-14) (Order
Granting Approval of a Proposed Rule Change to List and Trade
Options on the SPIKESTM Index).
    \13\ See proposed Exchange Rule 1809(a)(3).
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    The options on each of the AF CRE Indexes will be A.M., cash-
settled contracts with European-style exercise.\14\ A.M.-settlement is
consistent with the generic listing criteria for industry-based indexes
\15\ (as well as broad-based indexes \16\), and thus it is common for
index options to be A.M.-settled. The Exchange proposes to amend
Exchange Rule 1809(a)(5) to add the options on the AF CRE Indexes to
the list of other A.M.-settled options. The Exchange proposes to amend
Exchange Rule 1809(a)(4) to add options on the AF CRE Indexes to the
list of other European-style index options.
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    \14\ See proposed Exchange Rule 1809(a)(4)(ii)-(vi).
    \15\ See Exchange Rule 1802(b)(1).
    \16\ See Exchange Rule 1802(d)(2).
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Capacity
    The Exchange has analyzed its capacity and represents that it
believes the Exchange and OPRA have the necessary systems capacity to
handle the additional traffic associated with the listing of new series
that would result from the introduction of options on each of the AF
CRE Indexes up to the proposed number of possible expirations. Because
the proposal is limited to five classes, the Exchange believes any
additional traffic that would be generated from the introduction of
options on the AF CRE Indexes would be manageable.
Component Selection for the AF CRE Sector Indexes
    The composition of each AF CRE Index is determined in a
reconstitution on a quarterly basis from audited REIT/equity company
filings and supplemental filings with the Commission, updated each
quarter and intra-quarter based on 8-K, 10-Q, and 10-K filings. The
components in each of the AF CRE Sector Indexes are determined from the
REITs/equity companies that have the largest Enterprise Value within
each individual sector and that meet the following minimum eligibility
requirements. To be eligible for inclusion in each of the AF CRE Sector
Indexes, a REIT/equity company must: (i) Be classified as an equity
REIT; (ii) be listed on a U.S. securities exchange; (iii) have a
minimum Enterprise Value of $1 billion; (iv) have at least 85% of its
revenue derived from the associated asset class; and (v) have issued a
quarterly filing or annual report after its initial listing.
Adjustments are made to the values of the AF CRE Sector Indexes during
the quarterly reconstitution taking into account changes in each AF CRE
Sector Indexes' component's per unit value, where the unit for each AF
CRE Sector Index is represented as follows:
     AF CRE Residential Index = amount of residential units
owned by the component security.
     AF CRE Retail Index = amount of square footage owned by
the component security.
     AF CRE Office Index = amount of square footage owned by
the component security.
     AF CRE Hospitality Index = amount of hotel rooms owned by
the component security.
Index Calculation and Modified Market-Capitalization Weighting
Methodology
    Each of the AF CRE Sector Indexes are calculated using a modified
market capitalization-weighting (``MCW'') methodology. The MCW is
determined by starting with the standard market capitalization of each
component REIT/equity security in each AF CRE Sector Index and dividing
such component's market capitalization by its enterprise value.
Enterprise value identifies the amount of leverage (debt) and level of
cash for each component security listed in that particular AF CRE
Sector Index. With this modification, the debt portion of each
component REIT/equity security is identified and effectively removed
from the component's weighting, with the removed amount being
represented as a static cash position in each AF CRE Sector Index. This
modification process produces the benefit of being able to measure the
performance of each of the components on a non-levered basis, creating
a truer comparison between components and thus getting a more accurate
representation of the value of the real estate holdings in the
component's portfolio. Every component REIT/equity security in each of
the AF CRE Sector Indexes goes through the same modification process in
order to generate a modified market-capitalization weighting for each
component. Component weights for the AF CRE Sector Indexes are adjusted
and reset on a monthly basis. The most recent public company filings
(10-K, 10-Q, 8-K) and share data are used as inputs at each
reweighting. For the AF CRE Composite Index, each AF CRE Sector Index
is weighted in a ratio of the sum of its components' enterprise values
to the total sum of the enterprise values for all of the AF CRE Sector
Indexes.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\17\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \18\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with

the Section 6(b)(5) \19\ requirement that the rules of an exchange not
be designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the proposal to list and trade options
on the AF CRE Indexes will remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, protect investors and the public interest, because the
Exchange believes that the proposed rule change will further the
Exchange's goal of introducing new and innovative products to the
marketplace. Currently, the Exchange believes that there is unmet
market demand for exchange-listed security options listed on commercial
real estate indexes representing residential, retail, office and
hospitality sectors. Each AF CRE Sector Index consists of no more than
15 REITs/equity companies (but no less than 10 REITs/equity companies)
listed on a U.S. securities exchange.\20\ Each REIT/equity company must
be listed on a U.S. securities exchange, have a minimum Enterprise
Value of $1 billion, have at least 85% of its revenue derived from the
associated asset class, and have issued a quarterly filing or annual
report after initial listing. For the AF CRE Composite Index, each of
the AF CRE Sector Indexes are weighted in a ratio of the sum of each
indexes' components enterprise values to the total sum of the
enterprise values for all the AF CRE Sector Indexes. As a result, the
Exchange believes that options on each of the AF CRE Indexes are
designed to provide different and additional opportunities for
investors to hedge or speculate on the market risk associated with the
various sectors of the commercial real estate market by listing options
directly on the AF CRE Indexes representing those sectors.
---------------------------------------------------------------------------

    \20\ See supra note 6.
---------------------------------------------------------------------------

    The options that the Exchange proposes to list on each of the AF
CRE Indexes satisfies the initial listing standards for broad-based
(for the AF CRE Composite Index) and narrow-based indexes (for the AF
CRE Sector Indexes) pursuant to the Exchange's current rules. The
proposed rule change adds the AF CRE Indexes to the table regarding
reporting authorities for the Exchange's proprietary index options, to
the Exchange's rule regarding the number of permissible
expirations,\21\ to the list of European-style exercise index options,
and to the list of A.M.-settled index options. These changes are
consistent with existing rules and index options currently authorized
and listed for trading on the Exchange and other exchanges. The
Exchange also represents that it has the necessary systems capacity to
support the new option series for each of the AF CRE Indexes given
these proposed specifications. The Exchange believes that options on
the AF CRE Indexes, as proposed to be traded under Exchange Rules,
would not be readily susceptible to manipulation. The Exchange believes
the proposed rule change will further the Exchange's goal of
introducing new and innovative products to the marketplace. The
Exchange believes that listing options on the AF CRE Indexes will
provide an opportunity for investors to hedge, or speculate on, the
market risk associated with the commercial real estate industry.
---------------------------------------------------------------------------

    \21\ See supra note 12.
---------------------------------------------------------------------------

    The Exchange believes that its existing surveillance and reporting
safeguards are designed to deter and detect possible manipulative
behavior which might arise from listing and trading options on the AF
CRE Indexes. The Exchange further notes that current Exchange Rules
that apply to the trading of other index options traded on the
Exchange, such as options on the SPIKES Index, would also apply to the
trading of options on the AF CRE Indexes, such as, for example,
Exchange Rules governing customer accounts, margin requirements and
trading halt procedures. The Exchange also represents that it has the
necessary systems capacity to support the new options series for each
of the AF CRE Indexes.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The AF CRE Indexes satisfy
initial listing standards set forth in the Exchange's rules, and the
proposed number of expirations, settlement, and exercise style are
consistent with current rules applicable to index options. Options on
each of the AF CRE Indexes will provide investors with different and
additional opportunities to hedge or speculate on the market associated
with the AF CRE Indexes. Further, options on the AF CRE Indexes would
be available for trading to all market participants.
    The proposed rule change will facilitate the listing and trading of
novel options products that will enhance competition among market
participants, to the benefit of investors and the marketplace. The
listing of options on the AF CRE Indexes will enhance competition by
providing investors with an additional investment vehicle, in a fully-
electronic trading environment, through which investors can gain and
hedge exposure to various sectors of the commercial real estate market.
Further, these products could offer a competitive alternative to other
existing investment products that seek to allow investors to gain broad
market exposure via REITs in the same individual sectors as the AF CRE
Indexes.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \22\ and Rule 19b-
4(f)(6) thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, 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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2020-08 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-MIAX-2020-08. 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-MIAX-2020-08, and should be submitted on
or before May 26, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-09519 Filed 5-4-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8654-8657]
[FR Doc No: 2019-04383]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0422; FRL-9990-68-Region 4]

Air Plan Approval; NC; Emission Control Standards, Open Burning,
and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of a revision to the North Carolina State
Implementation Plan (SIP) submitted by the State of North Carolina
through the North Carolina Department of Environmental Quality
(formerly the North Carolina Department of Environment and Natural
Resources (NCDENR)), Division of Air Quality, on January 31, 2008. The
revision includes changes to emission control standards and open
burning regulations. The changes are part of North Carolina's strategy
to meet and maintain the national ambient air quality standards
(NAAQS). This action is being taken pursuant to the Clean Air Act (CAA
or Act) and its implementing regulations.

DATES: Comments must be received on or before April 10, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0422 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia
30303-8960. Ms. Ward can be reached via telephone at<PHONE_NUMBER>, or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 31, 2008, the State of North Carolina, through
NCDENR,\1\ submitted changes to the North Carolina SIP for EPA
approval. EPA is proposing to approve changes to the following
regulations under 15A North Carolina Administrative Code (NCAC) 02D,
Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions; Section .0540, Particulates From Fugitive Non-Process Dust
Emissions; and Section .1907, Multiple Violations Arising From a Single
Episode.\2\ These changes are a part of North Carolina's strategy to
attain and maintain the NAAQS and are being proposed for approval
pursuant to section 110 of the CAA. EPA has taken, will take, or, for
various reasons, will not take separate action on all other changes
submitted on January 31, 2008.\3\
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    \1\ NCDENR is now the North Carolina Department of Environmental
Quality.
    \2\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
    \3\ On February 5, 2015 (80 FR 6455), EPA took final action on
2D Section .1004. On July 18, 2017 (82 FR 32767), EPA took direct
final action on 2D Sections .1901, .1902 and .1903. EPA will be
taking separate action on 15A NCAC Sections 2D .1904 and 2Q .0102.
EPA is not taking action on 2D Sections .0516 and .0521, because the
changes to these rules reference incinerator rules under CAA
sections 111(d) and 129 and 40 CFR part 60 and are not a part of the
federally-approved SIP. EPA is not taking action on changes to 2Q
Section .0506 because the changes reference a regulation not
approved into the SIP. Lastly, EPA is not taking action on changes
to 2D Sections .0524, .0960, .1201, .1202, .1208, .1211, and .2303
because the State withdrew these regulations from its January 31,
2008, submittal.
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II. Analysis of the State Submittals

    The revision that is the subject of this proposed rulemaking makes
changes to emission control standard regulations under Subchapter 2D of
the North Carolina SIP. These changes revise the applicability of
nitrogen dioxide (NO2) and nitrogen oxides emissions
standards to nitric acid plants, amend definitions and expand the
applicability of provisions related to fugitive dust emissions, and add
a new open burning rule for multiple violations that can occur from a
single open burning event. The changes either do not interfere with
attainment and maintenance of the NAAQS or they have the effect of
strengthening the North Carolina SIP. Detailed descriptions of the
changes are below:
    1. Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions is amended by removing the provision to limit NO2
emissions from nitric acid manufacturing plants. This regulation covers
existing nitric acid manufacturing plants only, and the provision
limiting NO2 emissions from sulfuric acid manufacturing
plants remains unchanged. The provision limiting NO2
emissions from existing nitric acid manufacturing plants is removed
because at the time of the regulations changes there were no nitric
acid plants in the State (nor are there any currently operating in the
State). Section .0519 is also amended by adding a provision clarifying
that boilers subject to emission standards under regulations under
Subchapter 2D of the North Carolina SIP, Sections .0524, New Source
Performance Standards or .1418, New Generating Units, Large Boilers and
Internal Combustion Engines, must meet the requirements of those
regulations instead of the requirements in Section .0519. To
demonstrate that this change does not interfere with the maintenance
and attainment of the NAAQS, North Carolina submitted a noninterference
demonstration supporting this change to its SIP on April 11, 2017.\4\
North Carolina confirmed in its noninterference demonstration that
there are currently no nitric acid plants operating in the State, and
any new nitric acid plants with affected boilers or engines will be
required to comply with the New Source Performance Standards or new
generating units, large boilers and internal combustion engines
Sections at .0524 and .1418 that are more stringent than the standards
being removed. EPA is proposing to find that the rationale in North
Carolina's noninterference demonstration sufficiently establishes that
the revisions to Section .0519 will not interfere with attainment and
maintenance of the NAAQS pursuant to CAA section 110(l).\5\
---------------------------------------------------------------------------

    \4\ This noninterference demonstration is a part of the docket
for this action.
    \5\ Section 110(l) requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any
other applicable requirement of the Act.
---------------------------------------------------------------------------

    2. Section .0540, Particulates From Fugitive Non-Process Dust
Emissions is amended to make the Section applicable to all fugitive
dust emissions instead of only fugitive non-process dust emissions.
Section .0540 requires that the owner or operator of a facility shall
not cause or allow fugitive dust emissions to cause or contribute to
substantive complaints or visible emissions in excess of prescribed
levels. Preliminarily, EPA views the expanded applicability of Section
.0540 as SIP strengthening. To effectuate this expanded applicability,
the substitution

of the term ``fugitive non-process dust emissions'' with ``fugitive
dust emissions'' has been made throughout the Section to reflect this
change. Other changes to this regulation are as follows:
     The title has been changed from ``Particulates From
Fugitive Non-Process Dust Emissions'' to ``Particulates From Fugitive
Dust Emission Sources;''
     The term ``fugitive non-process dust emissions'' has been
modified to eliminate ``non-process,'' and the corresponding definition
has been modified;
     The terms ``excess fugitive dust emissions,'' ``production
of crops,'' and ``public parking,'' along with definitions thereof,
have been added, and the definitions have been renumbered to reflect
these additions;
     A provision clearly identifying certain activities that
are excluded from the regulation's expanded applicability has been
added under paragraph (b). These activities include: Abrasive blasting
covered under Subchapter 2D Section .0541; cotton ginning operations
covered under Subchapter 2D Section .0542; non-production military base
operations; land disturbing activities; and public roads, public
parking, timber harvesting, or production of crops. As a preliminary
matter, EPA believes the exclusion of these activities from the
expanded applicability of .0540 does not result in the North Carolina
SIP being less stringent. This is because, in the current North
Carolina SIP, these activities are already not subject to the
requirements of Section .0540 due to the fact that applicability of the
current SIP-approved regulation is limited to non-process fugitive dust
emissions from only four specified source categories and the activities
now proposed for explicit exclusion in the new version of the
regulation were effectively excluded under the old regulation.
     The requirements related to substantive complaints
regarding fugitive dust emissions from facilities have been revised to
provide clarity to the requirements that an owner or operator must meet
in order to comply with the regulation. The regulation is amended by
adding an objective method (reference method 22) for determining
opacity at the property boundary to assist inspectors in application of
the regulation. The regulation is also amended to include the processes
that need to be followed when excess fugitive emissions substantive
complaints are received.
    As noted above, the current SIP-approved version of Section .0540
applies to only four source categories that reference regulation
Section .0540 regarding control of non-process fugitive dust emissions:
Section .0506, Hot Mix Asphalt Plants; Section .0509, Mica or Feldspar
Processing Plants; Section .0510, Sand, Gravel, or Crushed Stone
Operations; and Section .0511, Light Weight Aggregate Processes. The
amendments to the regulation now expand its applicability to require
sources with no permit, and that are not subject to one of the
aforementioned four categories, to abate fugitive dust that is due to
poor collection and/or control systems or non-process fugitive
emissions. The focus of the regulation is no longer limited to non-
process fugitive emissions, and the amendments eliminate any
differentiation between fugitive non-process and fugitive process
emissions.
    The other major change to the regulation includes the addition of
reference method 22 for visible emissions determination. Compliance
with the regulation was previously determined by the presence of
physical evidence to verify a complaint (i.e., dust that must be
attributed solely to a source). The addition of reference method 22
allows an inspector to determine compliance based on any opacity at the
property boundary that occurs more than six minutes in an hour and
includes all fugitive dust. The amendments also include the processes
that need to be followed when excess fugitive emissions or two (or
more) substantive complaints are received. The amendment requires
immediate abatement measures for identified fugitive dust emission
sources within 30 days and permanent plans for fugitive dust abatement
within 90 days (60 days from the first report).
    EPA has preliminarily determined that the changes to Section .0540
have the effect of strengthening the SIP by covering both process and
non-process fugitive dust from facilities subject to an emission
standard or a permit, whereas the current SIP-approved version of the
regulation applies only to non-process fugitive dust from four source
categories. EPA also believes, as a preliminary matter, that the
amendments related to the specified exclusions do not make the SIP less
stringent because the excluded activities were already effectively
excluded under the old regulation. The changes also provide clarity to
definitions, exclusions, and the requirements applicable to substantive
complaints. For the reasons noted above, EPA is proposing approval of
the changes to this regulation and proposing to find that these
amendments to Section .0540 and the revisions to the SIP satisfy CAA
section 110(l) and do not interfere with attainment and maintenance of
the NAAQS or any other applicable requirement of the Act.
    3. Section .1907, Multiple Violations Arising From a Single Episode
is a new open burning regulation being added to the North Carolina SIP.
North Carolina added this provision to allow assessment of multiple
civil penalties with respect to a single open burning event because
multiple violations may occur during a single episode. EPA believes, as
a preliminary matter, that this new regulation is SIP-strengthening and
on this basis EPA is proposing approval of North Carolina's request to
add this regulation to its SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the North Carolina regulations under Subchapter 2D Air
Pollution Control Requirements, Section .0519, Control of Nitrogen
Dioxide and Nitrogen Oxides Emissions; Section .0540, Particulates From
Fugitive Dust Emission Sources; and Section .1907, Multiple Violations
Arising from a Single Episode, which had a state effective date of July
1, 2007. These changes are proposed to revise the applicability of
NO2 and nitrogen oxides emissions standards to nitric acid
plants, amend definitions and the applicability of provisions related
to fugitive dust emissions, and add a new open burning rule for
multiple violations that can occur from a single open burning event.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).

IV. Proposed Action

    For the reasons described above, EPA is proposing to approve the
aforementioned changes to the North Carolina SIP submitted by the State
of North Carolina on January 31, 2008, pursuant to section 110 because
these changes are consistent with the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 25, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-04383 Filed 3-8-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49277-49278]
[FR Doc No: 2018-21097]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0145; Airspace Docket No. 17-AGL-4]

Amendment of Class E Airspace; Burlington, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Burlington Municipal Airport, Burlington,
WI. This action is necessary due to the decommissioning of the Burbun
VHF omnidirectional range (VOR), cancellation of the VOR approach
procedure, and implementation of new area navigation (RNAV) procedures
for the safety and management of instrument flight rules (IFR)
operations at the airport. This action adjusts the geographic
coordinates of the Burlington Municipal Airport to coincide with the
FAA's aeronautical database.

DATES: Effective 0901 UTC, January 3, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is

also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11C at NARA, call<PHONE_NUMBER>, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface at Burlington Municipal Airport, Burlington, WI, to support IFR
operations at the airport.

History

    The FAA published in the Federal Register a notice of proposed
rulemaking (NPRM) (82 FR 40080; August 24, 2017) for Docket No. FAA-
2017-0145 to modify Class E airspace extending upward from 700 feet
above the surface at Burlington Municipal Airport, Burlington, WI.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. Two
comments were received in support of the proposal.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace area extending upward from 700 feet
above the surface to within a 6.4-mile radius (reduced from a 7.4-mile)
radius of Burlington Municipal Airport, Burlington, WI. Airspace
redesign is necessary due to the decommissioning of the Burbun VOR, and
cancellation of the VOR approach, while implementing more efficient
area navigation routes within the national airspace system for the
safety and management of standard instrument approach procedures for
IFR operations at the airport. This action also updates the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

AGL WI E5 Burlington, WI [Amended]

Burlington Municipal Airport, WI
    (Lat. 42[deg]41'27'' N, long. 88[deg]18'17'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Burlington Municipal Airport.

    Issued in Fort Worth, Texas, on September 20, 2018.
Walter Tweedy,
Manager (A), Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-21097 Filed 9-28-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]
[Page 68877]
[DOCID:fr06de07-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8412-003]

Ronald W. and Kathryn C. Denney; Notice of Availability of
Environmental Assessment

November 28, 2007.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects' staff has prepared an Environmental Assessment (EA)
for a surrender of exemption from licensing for the Coiner Mill
Project. The project is located on the South River in Augusta County,
Virginia.
    The EA contains the staff's analysis of the potential environmental
impacts of the proposal and concludes that the surrender of the
project's exemption from licensing would not constitute a major federal
action significantly affecting the quality of the human environment.
    A copy of the EA is available for review and reproduction at the
Commission's Public Reference Room, located at 888 First Street, NE.,
Room 2A, Washington, DC 20426. The EA may also be viewed on the
Commission's Web site at http://www.ferc.gov using the e-library link.

Enter the docket number (prefaced by P-) and excluding the last three
digits, in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23623 Filed 12-5-07; 8:45 am]

BILLING CODE 6717-01-P