[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Notices]
[Page 40558-40562]
[DOCID:fr17jy06-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54123; File No. SR-CBOE-2006-65]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Permit the Listing and Trading of Quarterly Options
Series

July 11, 2006.
    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 July 10, 2006, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. CBOE has designated this proposal as non-controversial
under Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to permit the listing and
trading of quarterly options series.\5\ The text of the proposed rule
change is set forth below. Proposed new language is in italics.
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    \5\ This proposal is substantially identical to a recently
approved proposal by the International Securities Exchange (``ISE'')
to list Quarterly Options Series on a pilot basis. See Securities
Exchange Act Releases No. 53857 (May 24, 2006), 71 FR 31246 (June 1,
2006) (notice of filing); and 54113 (July 7, 2006) (approval order).
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* * * * *
    Rule 1.1. Definitions. When used in these Rules, unless the context
otherwise requires:
    (a)-(bbb) No Change.

Quarterly Options Series.

    (ccc) Quarterly Option Series. A Quarterly Option Series is a
series in an options class that is approved for listing and trading on
the Exchange in which the series is opened for trading on any business
day and that expires at the close of business on the last business day
of a calendar quarter.

. . . Interpretations and Policies:

    .01-.05 No Change.
* * * * *

Rule 5.5. Option Contracts Open for Trading

    (a) After a particular class of options (call option contracts or
put option contracts relating to a specific underlying security or
calculated index) has been approved for listing and trading on the
Exchange, the Exchange from time to time may open for trading series of
options on that class. Only options contracts of series currently open
for trading may be purchased or written on the Exchange. Prior to the
opening of trading in a given series, the Exchange will fix the
expiration month, year and exercise price of that series. For Short
Term Option Series, the Exchange will fix a specific expiration date
and exercise price, as provided in paragraph (d). For Quarterly Options
Series the Exchange will fix a specific expiration date and exercise
price, as provided in paragraph (e).
    (b) Except for Short Term Option series and Quarterly Options
Series, at the commencement of trading on the Exchange of a particular
class of options, the Exchange usually will open three series of
options for each expiration month in that class. The exercise price of
each series will be fixed at a price per share, with at least one
strike price above and one strike price below the price at which the
underlying stock is traded in the primary market at about the time that
class of options is first opened for trading on the Exchange. Paragraph
(d) will govern the procedures for opening Short Term Option Series.
Paragraph (e) will govern the procedures for opening Quarterly Options
Series.
    (c)-(d) No Change.
    (e) Quarterly Option Series Pilot Program. For a one-year pilot
period, the Exchange may list and trade options series that expire at
the close of business on the last business day of a calendar quarter
(``Quarterly Options Series''). The Exchange may list Quarterly Options
Series for up to five (5) currently listed options classes that are
either index options or options on exchange traded funds. In addition,
the Exchange may also list Quarterly Options Series on any options
classes that are selected by other securities exchanges that employ a
similar pilot program under their respective rules. The one-year pilot
will commence either the day the Exchange first initiates trading in a
Quarterly Options Series or July 24, 2006, whichever is earlier.

    The Exchange may list series that expire at the end of the next
consecutive four (4) calendar quarters, as well as the fourth quarter
of the next calendar year. For example, if the Exchange is trading
Quarterly Options Series in the month of May 2006, it may list series
that expire at the end of the second, third, and fourth quarters of
2006, as well as the first and fourth quarters of 2007. Following the
second quarter 2006 expiration, the Exchange could add series that
expire at the end of the second quarter of 2007.
    (1) Quarterly Options Series will be P.M. settled.
    (2) The strike price for each Quarterly Options Series will be
fixed at a price per share, with at least two strike prices above and
two strike prices below the approximate value of the underlying
security at about the time that a Quarterly Options Series is opened
for trading on the Exchange. The Exchange shall list strike prices for
a Quarterly Options Series that are within $5 from the closing price of
the underlying on the preceding day. Additional Quarterly Options
Series of the same class may be open for trading on the Exchange when
the Exchange deems it necessary to maintain an orderly market, to meet
customer demand or when the market price of the underlying security
moves substantially from the initial exercise price or prices. To the
extent that any additional strike prices are listed by the Exchange,
such additional strike prices shall be within $5 from the closing price
of the underlying on the preceding day. The opening of the new
Quarterly Options Series shall not affect the series of options of the
same class previously opened.
    (3) The interval between strike prices on Quarterly Options Series
shall be the same as the interval for strike prices for series in that
same options class that expire in accordance with the normal monthly
expiration cycle.

. . . Interpretations and Policies:

    .01-.02 No Change.
    .03 Except for Short Term Option Series and Quarterly Options
Series, the Exchange usually will open four expiration months for each
class of options open for trading on the Exchange: the first two being
the two nearest months, regardless of the quarterly cycle on which that
class trades; the third and fourth being the next the two nearest term
months (May and June) and the next two expiration months of the cycle
(July and October). When the May series expires, the Exchange would add
January series. When the June series expires, the Exchange would add
August series as the next nearest month, and would not add April).
    Regarding Short Term Option Series, the Exchange may select up to
five currently listed option classes on which Short Term Option Series
may be opened on any Short Term Option Opening Date. In addition to the
five-option class restriction, the Exchange also may list Short Term
Option Series on any option classes that are selected by other
securities exchanges that employ a similar Pilot Program under their
respective rules. For each option class eligible for participation in
the Short Term Option Series Pilot Program, the Exchange may open up to
five Short Term Option Series for each expiration date in that class.
The strike price of each Short Term Option Series will be fixed at a
price per share, with at least two strike prices above and two strike
prices below the value of the underlying security or calculated index
value at about the time that Short Term Option Series is opened for
trading on the Exchange.
    .04-.10 No Change.
* * * * *

Rule 24.1. Definitions

    (a)-(y) No Change.
    Quarterly Options Series
    (z) The term ``Quarterly Options Series'' means, for the purposes
of Chapter XXIV, a series in an options class that is approved for
listing and trading on the Exchange in which the series is opened for
trading on any business day and that expires at the close of business
on the last business day of a calendar quarter.

. . . Interpretations and Policies:

    .01 No Change.
* * * * *

Rule 24.4. Position Limits for Broad-Based Index Options

    (a)-(d) No Change.
    (e) Positions in Short Term Option series and Quarterly Options
Series shall be aggregated with positions in options contracts on the
same index.

. . . Interpretations and Policies:

    .01-.04 No Change.
* * * * *

Rule 24.4A Position Limits for Industry Index Options

    (a)-(c) No Change.
    (d) Positions in Short Term Option series and Quarterly Options
Series shall be aggregated with positions in options contracts on the
same index.

. . . Interpretations and Policies:

    .01-.02 No Change.
* * * * *

Rule 24.9. Terms of Index Option Contracts

    (a) General.
    (1) No Change.
    (2) Expiration Months. Index option contracts may expire at three-
month intervals or in consecutive months. The Exchange may list up to
six expiration months at any one time, but will not list index options
that expire more than twelve months out. Notwithstanding the preceding
restriction, until the expiration in November 2004, the Exchange may
list up to seven expiration months at any one time for the SPX, MNX and
DJX index option contracts, provided one of those expiration months is
November 2004.
    Short Term Option Series Pilot Program. Notwithstanding the
preceding restriction, after an index option class has been approved
for listing and trading on the Exchange, the Exchange may open for
trading on any Friday that is a business day (``Short Term Option
Opening Date'') series of options on that class that expire on the next
Friday that is a business day (``Short Term Option Expiration Date'').
If the Exchange is not open for business on a Friday, the Short Term
Option Opening Date will be the first business day immediately prior to
that Friday. Similarly, if the Exchange is not open for business on a
Friday, the Short Term Option Expiration Date will be the first
business day immediately prior to that Friday.
    The Exchange may continue to list Short Term Option Series until
the Short Term Option Series Pilot Program expires on July 12, 2007.
    Regarding Short Term Option Series, the Exchange may select up to
five currently listed option classes on which Short Term Option Series
may be opened on any Short Term Option Opening Date. In addition to the
five-option class restriction, the Exchange also may list Short Term
Option Series on any option classes that are selected by other
securities exchanges that employ a similar Pilot Program under their
respective rules. For each index option class eligible for
participation in the Short Term Option Series Pilot Program, the
Exchange may open up to five Short Term Option Series on index options
for each expiration date in that class. The strike price of each Short
Term Option Series will be fixed at a price per share, with at least
two strike prices above and two strike prices below the calculated
value of the underlying index at about the time that Short Term

Option Series is opened for trading on the Exchange. No Short Term
Option Series on an index option class may expire in the same week
during which any monthly option series on the same index class expire
or, in the case of QIXs, in the same week during which the QIXs expire.
    Quarterly Options Series Pilot Program. Notwithstanding the
preceding restriction, for a one-year pilot period, the Exchange may
list and trade options series that expire at the close of business on
the last business day of a calendar quarter (``Quarterly Options
Series''). The Exchange may list Quarterly Options Series for up to
five (5) currently listed options classes that are either index options
or options on ETFs. In addition, the Exchange may also list Quarterly
Options Series on any options classes that are selected by other
securities exchanges that employ a similar pilot program under their
respective rules. The one-year pilot will commence either the day the
Exchange first initiates trading in a Quarterly Options Series or July
24, 2006, whichever is earlier.
    The Exchange may list series that expire at the end of the next
consecutive four (4) calendar quarters, as well as the fourth quarter
of the next calendar year. For example, if the Exchange is trading
Quarterly Options Series in the month of May 2006, it may list series
that expire at the end of the second, third, and fourth quarters of
2006, as well as the first and fourth quarters of 2007. Following the
second quarter 2006 expiration, the Exchange could add series that
expire at the end of the second quarter of 2007.
    Quarterly Options Series shall be P.M. settled.
    The strike price of each Quarterly Options Series will be fixed at
a price per share, with at least two strike prices above and two strike
prices below the value of the underlying security at about the time
that a Quarterly Options Series is opened for trading on the Exchange.
The Exchange shall list strike prices for a Quarterly Options Series
that are within $5 from the closing price of the underlying on the
preceding day. The Exchange may open for trading additional Quarterly
Options Series of the same class if the current index value of the
underling index moves substantially from the exercise price of those
Quarterly Options Series that already have been opened for trading on
the Exchange. The exercise price of each Quarterly Options Series open
for trading on the Exchange shall be reasonably related to the current
index value of the underlying index to which such series relates at or
about the time such series of options is first opened for trading on
the Exchange. The term ``reasonably related to the current index value
of the underlying index'' means that the exercise price is within
thirty percent (30%) away from the current index value. The Exchange
may also open for trading additional Quarterly Options Series that are
more than thirty percent (30%) away from the current index value,
provided that demonstrated customer interest exists for such series, as
expressed by institutional, corporate, or individual customers or their
brokers. Market-Makers trading for their own account shall not be
considered when determining customer interest under this provision.
    (3)-(5) No Change.
    (b)-(c) No Change.

. . . Interpretations and Policies:

    .01-.12 No Change.
    .13 The interval between strike prices on Short Term Option Series
and Quarterly Options Series shall be the same as the interval for
strike prices for series in that same options class that expire in
accordance with the normal monthly expatriation cycle.
    .14 No Change.
* * * * *

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

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

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

1. Purpose
    The Exchange proposes to amend its rules to accommodate the listing
of options series that would expire at the close of business on the
last business day of a calendar quarter (``Quarterly Options Series'').
Quarterly Options Series could be opened on any approved options class
\6\ on a business day (``Quarterly Options Opening Date'') and would
expire at the close of business on the last business day of a calendar
quarter (``Quarterly Options Expiration Date''). The Exchange would
list series that expire at the end of the next consecutive four (4)
calendar quarters, as well as the fourth quarter of the next calendar
year. For example, if the Exchange were trading Quarterly Options
Series in the month of April 2006, it would list series that expire at
the end of the second, third, and fourth quarters of 2006, as well as
the first and fourth quarters of 2007. Following the second quarter
2006 expiration, the Exchange would add series that expire at the end
of the second quarter of 2007.
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    \6\ Quarterly Options Series may be opened in options on indexes
or options on Exchange Traded Fund (``ETFs'') that satisfy the
applicable listing criteria under CBOE rules.
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    Quarterly Options Series listed on currently approved options
classes would be P.M.-settled and, in all other respects, would settle
in the same manner as do the monthly expiration series in the same
options class.
    The proposed rule change would allow the Exchange to open up to
five currently listed options classes that are either index options or
options on ETFs. The strike price for each series would be fixed at a
price per share, with at least two strike prices above and two strike
prices below the approximate value of the underlying security at about
the time that a Quarterly Options Series is opened for trading on the
Exchange. The Exchange may list strike prices for a Quarterly Options
Series that are within $5 from the closing price of the underlying
security on the preceding trading day. The proposal would permit the
Exchange to open for trading additional Quarterly Options Series of the
same class when the Exchange deems it necessary to maintain an orderly
market, to meet customer demand, or when the current market price of
the underlying security moves substantially from the exercise prices of
those Quarterly Options Series that already have been opened for
trading on the Exchange. In addition, the exercise price of each
Quarterly Options Series on an underlying index would be required to be
reasonably related to the current index value of the index at or about
the time such series of options were first opened for trading on the
Exchange. The term ``reasonably related to the current index value of
the underlying index'' means that the exercise price is within thirty
percent of the current index value. The Exchange would also be
permitted to open for trading additional Quarterly Options Series on an
underlying index that are more than thirty percent away from the
current index value, provided that demonstrated customer interest
exists for such series, as expressed by

institutional, corporate, or individual customers or their brokers.
Market-Makers trading for their own account shall not be considered
when determining customer interest under this provision.
    Because monthly options series expire on the third Friday of their
expiration month, a Quarterly Options Series, which would expire on the
last business day of the quarter, could never expire in the same week
in which a monthly options series in the same class expires. The same,
however, is not the case for Short Term Option Series. Quarterly
Options Series and Short Term Option Series on the same options class
could potentially expire concurrently under the proposal. Therefore, to
avoid any confusion in the marketplace, the proposal stipulates that
the Exchange may not list a Short Term Option Series that expires at
the end of the day on the same day as a Quarterly Options Series in the
same class expires. In other words, the proposed rules would not permit
the Exchange to list a P.M.-settled Short Term Option Series on an ETF
or an index that would expire on a Friday that is the last business day
of a calendar quarter if a Quarterly Options Series on that ETF or
index were scheduled to expire on that day.
    However, the proposed rules would permit the Exchange to list as
A.M.-settled Short Term Option Series and a P.M.-settled Quarterly
Options Series in the same options class that both expire on the same
day (i.e., on a Friday that is the last business day of the calendar
quarter). The Exchange believes that the concurrent listing of an A.M.-
settled Short Term Option Series and a P.M.-settled Quarterly Options
Series on the same underlying ETF or index that expire on the same day
would not tend to cause the same confusion as would P.M.-settled short
term and quarterly series in the same options class, and would provide
investors with an additional hedging mechanism.
    Finally, the interval between strike prices on Quarterly Options
Series would be the same as the interval for strike prices for series
in the same options class that expires in accordance with the normal
monthly expiration cycles.
    The Exchange believes that Quarterly Options Series would provide
investors with a flexible and valuable tool to manage risk exposure,
minimize capital outlays, and be more responsive to the timing of
events affecting the securities that underlie option contracts. At the
same time, CBOE is cognizant of the need to be cautious in introducing
a product that can increase the number of outstanding strike prices.
For that reason, CBOE intends to employ a limited pilot program
(``Pilot Program'') for Quarterly Options Series. Under the terms of
the Pilot Program, the Exchange could select up to five option classes
on which Quarterly Options Series may be opened on any Quarterly
Options Opening Date. The Exchange would also be allowed to list those
Quarterly Options Series on any options class that is selected by
another securities exchange with a similar Pilot Program under its
rules. The Exchange believes that limiting the number of options
classes in which Quarterly Options Series may be opened would help to
ensure that the addition of the new series through this Pilot Program
will have only a negligible impact on the Exchange's and the Option
Price Reporting Authority's (``OPRA'') quoting capacity. Also, limiting
the term of the Pilot Program to a period of one year will allow the
Exchange and the Commission to determine whether the program should be
extended, expanded, and/or made permanent.
    If the Exchange were to propose an extension or an expansion of the
program, or were the Exchange to propose to make the Pilot Program
permanent, the Exchange would submit, along with any filing proposing
such amendments to the Pilot Program, a Pilot Program report
(``Report'') that will provide an analysis of the Pilot Program
covering the entire period during which the Pilot Program was in
effect. The Report would include, at a minimum: (1) Data and written
analysis on the open interest and trading volume in the classes for
which Quarterly Option Series were opened; (2) an assessment of the
appropriateness of the options classes selected for the Pilot Program;
(3) an assessment of the impact of the Pilot Program on the capacity of
CBOE, OPRA, and on market data vendors (to the extent data from market
data vendors is available); (4) any capacity problems or other problems
that arose during the operation of the Pilot Program and how CBOE
addressed such problems; and (5) any complaints that CBOE received
during the operation of the Pilot Program and how CBOE addressed them;
and (6) any additional information that would assist in assessing the
operation of the Pilot Program. The Report must be submitted to the
Commission at least sixty days prior to the expiration date of the
Pilot Program.
    Alternatively, at the end of the Pilot Program, if the Exchange
determines not to propose an extension or an expansion of the Pilot
Program, or if the Commission determines not to extend or expand the
Pilot Program, the Exchange would not longer list any additional
Quarterly Options Series and would limit all existing open interest in
Quarterly Options Series to closing transactions only.
    Finally, the Exchange represents that it has the necessary systems
capacity to support new options series that will result from the
introduction of Quarterly Options Series.
2. Statutory Basis
    The Exchange believes that the introduction of Quarterly Options
Series will attract order-flow to the Exchange, increase the variety of
listed options to investors, and provide a valuable hedging tool to
investors. For these reasons, the Exchange believes that the proposed
rule change is consistent with Section 6(b) of the Act \7\ in general
and furthers the objectives of Section 6(b)(5) of the Act \8\ in
particular in that it is designed to promote just and equitable
principles of trade and, in general, to protect investors and the
public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \9\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\10\ Because the foregoing proposed rule change (i) does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 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 and Rule 19b-4(f)(6)(iii) thereunder.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ The Exchange provided the Commission with pre-filing notice
of the proposal, as required by Rule 19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to waive the operative
delay if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
operative delay to permit the Pilot Program extension to become
effective prior to the 30th day after filing.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission notes that the proposal is substantially identical to
the ISE's Quarterly Option Series Pilot Program, previously published
for comment and approved by the Commission,\12\ and thus CBOE's
proposal raises no new issues of regulatory concern. Moreover, waiving
the operative delay will allow CBOE to immediately compete with other
exchanges that list and trade quarterly options under similar programs,
and consequently will benefit the public. Therefore, the Commission has
determined to waive the 30-day delay and allow the proposed rule change
to become operative upon filing.\13\
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    \12\ See supra note 5.
    \13\ For purposes only of waiving the operative delay of this
proposal, the Commission notes that it has considered the proposed
rule's impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-CBOE-2006-65 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2006-65. This file
number should be included on the subject line if e-mail 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 Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2006-65 and should be submitted on or before August 7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-11227 Filed 7-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Page 1052]
[FR Doc No: X10-260108]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF10-3-000]

Western Area Power Administration; Notice of Filing

December 30, 2009.
    Take notice that on December 23, 2009, the Deputy Secretary of the
Department of Energy submitted Rate Order Nos. WAPA-144 and WAPA-148,
confirmed and approved on an interim basis, effective on January 1,
2010, Rate Schedules UGP-NT1, UGP-FPT1, UGP-NFPT1, UGP-AS1, UGP-AS2,
UGP-AS3, UGP-AS4, UGP-AS5, UGP-AS6, and UGP-AS7 for transmission and
ancillary services from the Pick-Sloan Missouri Basin Program--Eastern
Division and Rate Schedule UGP-TSP1 for Transmission Service Penalty
Rate for Unreserved Use for the Pick-Sloan Missouri Basin Program--
Eastern Division, and under the authority vested in the Federal Energy
Regulatory Commission by Delegation Order No. 00-037.00, submitted Rate
Schedules UGP-NT1, UGP-FPT1, UGP-NFPT1, UGP-AS1, UGP-AS2, UGP-AS3, UGP-
AS4, UGP-AS5, UGP-AS6, UGP-AS7, and UGP-TSP1 for confirmation and
approval on a final basis effective January 1, 2010, and ending
December 31, 2014.
    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, 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 on or before the comment date. On or
before the comment date, it is not necessary to 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>.
    Comment Date: 5 p.m. Eastern Time on January 22, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-60 Filed 1-7-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Page 27145]
[FR Doc No: 2022-09771]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1779-000]

Marion County Solar Project, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Marion County Solar Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 23, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 2, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-09771 Filed 5-5-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4073-4075]
[DOCID:fr24ja08-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30588; Amdt. No. 3252]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This Rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are

designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.

DATES: This rule is effective January 24, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 24, 2008.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169; or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit nfdc.faa.gov to register. Additionally,
individual SIAP and Takeoff Minimums and ODP copies may be obtained
from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPs, Takeoff Minimums and/or ODPs.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP, Takeoff Minimums, and ODP
listed on FAA forms is unnecessary. This amendment provides the
affected CFR sections and specifies the types of SIAPs and the
effective dates of the SIAPs, the associated Takeoff Minimums, and
ODPs. This amendment also identifies the airport and its location, the
procedure, and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure before adopting these SIAPs, Takeoff Minimums and ODPs
are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC, on January 11, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, under title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

0
2. Part 97 is amended to read as follows:

Effective 14 FEB 2008

Monroeville, AL, Monroe County, RNAV (GPS) RWY 3, Orig-A
Jonesboro, AR, Jonesboro Muni, ILS OR LOC RWY 23, Amdt 1
Jonesboro, AR, Jonesboro Muni, RNAV (GPS) RWY 23, Orig
Jonesboro, AR, Jonesboro Muni, RNAV (GPS) RWY 31, Orig

Jonesboro, AR, Jonesboro Muni, VOR RWY 23, Amdt 10
Morrilton, AR, Morrilton Muni, RNAV (GPS) RWY 27, Orig
Morrilton, AR, Morrilton Muni, NDB OR GPS RWY 27, Orig, CANCELLED
Morrilton, AR, Morrilton Muni, Takeoff Minimums and Obstacle ODP,
Orig
North Little Rock, AR, North Little Rock Muni, RNAV (GPS) RWY 5,
Amdt 1
Beckwourth, CA, Nervino, RNAV (GPS) Z RWY 25, Orig-A
Placerville, CA, Placerville, RNAV (GPS) RWY 5, Orig
Placerville, CA, Placerville, GPS RWY 5, Amdt 1A, CANCELLED
Placerville, CA, Placerville, Takeoff Minimums and Obstacle DP, Amdt
2
Windsor Locks, CT, Bradley Intl, Takeoff Minimums and Obstacle DP,
Amdt 2
Blakely, GA, Early County, LOC/NDB RWY 23, Amdt 1
Blakely, GA, Early County, Takeoff Minimums and Obstacle DP, Orig
Douglas, GA, Douglas Muni, ILS OR LOC RWY 4, Amdt 1
Douglas, GA, Douglas Muni, RNAV (GPS) RWY 4, Orig
Douglas, GA, Douglas Muni, RNAV (GPS) RWY 22, Orig
Douglas, GA, Douglas Muni, GPS RWY 4, Orig-B, CANCELLED
Douglas, GA, Douglas Muni, GPS RWY 22, Orig-B, CANCELLED
Norton, KS, Norton Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Danville, KY, Stuart Powell Field, Takeoff Minimums and Obstacle DP,
Orig
New Orleans, LA, Louis Armstrong New Orleans Intl, ILS OR LOC RWY
28, Amdt 7
New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (GPS) RWY
28, Amdt 1
Hagerstown, MD, Hagerstown Regional/Richard A. Henson Field, ILS OR
LOC RWY 27, Amdt 9
Albuquerque, NM, Double Eagle II, Takeoff Minimums and Obstacle DP,
Amdt 1
Las Vegas, NV, North Las Vegas, Takeoff Minimums and Obstacle DP,
Amdt 3
Tulsa, OK, Richard Lloyd Jones JR, VOR/DME-A, Amdt 7
Factoryville, PA, Seamans Field, RNAV (GPS) RWY 4, Orig
Factoryville, PA, Seamans Field, Takeoff Minimums and Obstacle, DP
Amdt 2
Factoryville, PA, Seamans Field, VOR OR GPS-A, Amdt 1, CANCELLED
Grove City, PA, Grove City, Takeoff Minimums and Obstacle DP, Amdt 3
Brady, TX, Curtis Field, RNAV (GPS) RWY 17, Orig
Brady, TX, Curtis Field, RNAV (GPS) RWY 35, Orig
Brady, TX, Curtis Field, NDB RWY 17, Amdt 4
Brady, TX, Curtis Field, GPS RWY 17, Orig, (CANCELLED)
Brady, TX, Curtis Field, Takeoff Minimums and Obstacle ODP, Orig
Cleburne, TX, Cleburne Muni, RNAV (GPS) RWY 15, Orig
Cleburne, TX, Cleburne Muni, RNAV (GPS) RWY 33, Orig
Cleburne, TX, Cleburne Muni, VOR/DME RNAV RWY 15, Orig-A, CANCELLED
Cleburne, TX, Cleburne Muni, VOR/DME RNAV RWY 33, Orig, CANCELLED
Cleburne, TX, Cleburne Muni, Takeoff Minimums and Obstacle ODP, Orig
New Braunfels, TX, New Braunfels Muni, RNAV (GPS) RWY 13, Orig
New Braunfels, TX, New Braunfels Muni, RNAV (GPS) RWY 17, Orig
New Braunfels, TX, New Braunfels Muni, RNAV (GPS) RWY 31, Orig
New Braunfels, TX, New Braunfels Muni, RNAV (GPS) RWY 35, Amdt 2
New Braunfels, TX, New Braunfels Muni, GPS RWY 13, Orig-B, CANCELLED
New Braunfels, TX, New Braunfels Muni, GPS RWY 17, Amdt 1, CANCELLED
New Braunfels, TX, New Braunfels Muni, GPS RWY 31, Amdt 1, CANCELLED
New Braunfels, TX, New Braunfels Muni, VOR/DME RNAV RWY 31, Orig-A,
CANCELLED
San Antonio, TX, Stinson Muni, RNAV (GPS) RWY 32, Orig
San Antonio, TX, Stinson Muni, VOR RWY 32, Amdt 14
San Antonio, TX, Stinson Muni, Takeoff Minimums and Obstacle DP,
Amdt 2

Effective 13 MAR 2008

Rockland, ME, Knox County Regional, ILS OR LOC RWY 13, Amdt 1C
Harbor Springs, MI, Harbor Springs, RNAV (GPS) RWY 10, Amdt 1
Harbor Springs, MI, Harbor Springs, RNAV (GPS) RWY 28, Amdt 2
Harbor Springs, MI, Harbor Springs, Takeoff Minimums and Obstacle
DP, Amdt 2
Greenville, MS, Mid Delta Regional, ILS OR LOC RWY 18L, Amdt 9C
Wadsworth, OH, Wadsworth Muni, RNAV (GPS) RWY 2, Amdt 1
Wadsworth, OH, Wadsworth Muni, RNAV (GPS) RWY 20, Amdt 1
Wadsworth, OH, Wadsworth Muni, VOR/DME-A, Amdt 2
Clarion, PA, Clarion County, VOR-A, Amdt 3

Effective 10 APR 2008

Marshall, AK, Marshall Don Hunter Sr, RNAV (GPS)-A, Amdt 1
Marshall, AK, Marshall Don Hunter Sr, RNAV (GPS) RWY 7, Amdt 1
Centre, AL, Centre-Piedmont Cherokee County Rgnl, RNAV (GPS) RWY 7,
Orig
Centre, AL, Centre-Piedmont Cherokee County Rgnl, RNAV (GPS) RWY 25,
Orig
Centre, AL, Centre-Piedmont Cherokee County Rgnl, Takeoff Minimums
and Obstacle DP, Orig
Leadville, CO, Lake County, Takeoff Minimums and Obstacle DP, Amdt 2
Olive Branch, MS, Olive Branch, ILS OR LOC RWY 18, Amdt 2

Effective 05 JUN 2008

Fargo, ND, Hector International, RADAR-1, Amdt 11, CANCELLED

[FR Doc. E8-1015 Filed 1-23-08; 8:45 am]

BILLING CODE 4910-13-P


Page 1 of 16 Chapter 1200 3 29 Light Duty Motor Vehicle Inspection and Maintenance Table of Contents 1200 3 29. 01 Purpose 1200 3 29. 02 Definitions 1200 3 29. 03 Motor Vehicle Inspection Requirements 1200 3 29. 04 Exemption From Motor Vehicle Inspection Requirements 1200 3 29. 05 Motor Vehicle Emission Performance Test Criteria 1200 3 29. 06 Motor Vehicle Anti Tampering Test Criteria 1200 3 29. 07 Motor Vehicle Emissions Performance Test Methods 1200 3 29. 08 Motor Vehicle Anti Tampering Test Methods 1200 3 29. 09 Motor Vehicle Inspection Program 1200 3 29. 10 Motor Vehicle Inspection Fee 1200 3 29. 11 Waiver Provisions 1200 3 29. 12 Area of Applicability 1200 3 29. 01 Purpose The purpose of this Chapter is to reduce the air pollution produced by the operation of light duty motor vehicles.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; effective April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994.

1200 3 29. 02 Definitions As used in this Chapter, all terms not defined herein shall have the meaning given them in Chapter 1200 3 2:

( 1) Air Pollution is any particulate matter or any gas or vapor other than water or any combination thereof including any physical, chemical, biological, radioactive substance or matter which is emitted into or otherwise enters the ambient air.

( 2) Antique motor vehicle is any motor vehicle over twenty five years old which is owned solely as a collectors' item and is used for participation in club activities, exhibits, tours, parades and similar uses, but in no event for general transportation.

( 3) Carbon dioxide is a compound consisting of the chemical formula ( CO2).

( 4) Carbon monoxide is a compound consisting of the chemical formula ( CO).

( 5) Catalytic converter is a pollution control device containing a catalyst for converting automobile exhaust into mostly harmless products.

( 6) Centralized Network means that motor vehicle inspections are conducted by the State and/ or a single contractor in an area.

( 7) Certificate of Compliance is a certification issued by a Department vehicle inspector or a fleet vehicle inspector that the motor vehicle identified on the certificate complies with the emission performance and anti tampering criteria appropriate to the vehicle as specified in this regulation. Page 2 of 16 ( 8) Check Engine Light: for the definition see Malfunction Indicator Light ( MIL).

( 9) Contractor is a person ( as defined in 1200 3 2) with whom the Department has a contract that provides for the operation of one or more Official Inspection Stations.

( 10) Department means the Tennessee Department of Environment and Conservation, Division of Air Pollution Control.

( 11) Department Vehicle Inspector is any person employed by the Tennessee Division of Air Pollution Control and/ or contractor who is designated by the Technical Secretary as qualified to perform vehicle emissions performance and anti tampering inspections.

( 12) Diagnostic Trouble Codes ( DTCs) is an alphanumeric code which is set in a vehicle's onboard computer when a monitor detects a condition likely to lead to ( or has already produced) a component or system failure or otherwise contribute to exceeding emissions standards by 1.5 times the certification FTP standard.

( 13) Diesel powered motor vehicle is a motor vehicle powered by a compression ignition internal combustion engine.

( 14) Electric powered motor vehicle is a motor vehicle which uses a propulsive unit powered exclusively by electricity.

( 15) Exhaust emissions are substances emitted into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine.

( 16) Exhaust gas analyzer is a device for sensing the amount of air pollutants, including carbon monoxide and hydrocarbons, in the exhaust emissions of a motor vehicle. For the purpose of this regulation, this shall mean analyzing devices of the nondispersive infrared type or any other analyzing devices that provide equal or greater accuracy as approved by the Technical Secretary.

( 17) Factory Installed Motor Vehicle Pollutant Control System is a motor vehicle pollution control system installed by the vehicle or engine manufacturer to comply with the United States government motor vehicles emission control laws and regulations.

( 18) Federal Test Procedure ( FTP) is the test procedure used to determine the compliance of vehicles with federal emission standards.

( 19) Fleet means 50 or more light duty motor vehicles owned by the same person or business entity which are in use, registered in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program in order to attain and maintain compliance with national ambient air quality standards within any area of Tennessee or an adjoining state and not owned or held primarily for the purpose of resale.

( 20) Fleet Inspection Location is any motor vehicle inspection facility operated by a fleet operator holding a valid fleet inspection permit.

( 21) Fleet Inspection Permit is a certificate issued by the Technical Secretary authorizing a fleet operator to conduct motor vehicle inspections in accordance with this regulation and other requirements as determined by the Department.

( 22) Fleet Operator is the person owning a group of motor vehicles which constitute a fleet as defined in this regulation. Page 3 of 16 ( 23) Fleet Vehicle Inspector is any person retained by a fleet operator holding a valid fleet inspection permit and who is certified by the Technical Secretary as qualified to perform vehicle emissions performance and anti tampering inspections.

( 24) Fuel inlet restrictor is the leaded fuel nozzle restrictor installed on motor vehicles which was designed for the use of unleaded gasoline only.

( 25) Gasoline powered motor vehicle is any motor vehicle powered by spark ignition internal combustion engine.

( 26) Gross Vehicle Weight Rating ( GVWR) is a term defining the gross vehicle weight as determined from the combined manufacturer vehicle and maximum load rating.

( 27) Heavy duty motor vehicle is any motor vehicle having a combined manufacturer vehicle and maximum load rating ( GVWR) to be carried thereon in excess of 10,500 pounds ( 4,773 kilograms).

( 28) Hydrocarbon is any organic compound consisting predominantly of carbon and hydrogen.

( 29) Idle speed means the unloaded engine speed of a motor vehicle when the accelerator pedal is fully released. In a vehicle equipped with an automatic transmission, this is with the drive selector in neutral or park. In a vehicle equipped with a manual transmission, this is with the gear selector in neutral and the clutch fully engaged. In all vehicles, the engine operated accessories shall be turned off.

( 30) Internal combustion engine is any engine in which the combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders, or any engine with one or more combustion chambers.

( 31) Light duty motor vehicle is any motor vehicle having a combined manufacturer vehicle and maximum load rating ( GVWR) to be carried thereon of 10,500 pounds ( 4,773 kilograms) or less.

( 32) Malfunction Indicator Light ( MIL) is known as the Check Engine light. The Malfunction Indicator Light is illuminated on the dashboard when conditions exist likely to result in emissions exceeding FTP standards by 1.5 time or worse. Alternatives include " Service Engine Soon," as well as an unlabeled icon of an engine.

( 33) Manufacturers Idle speed Specification is the engine idle speed specified for a particular motor vehicle as printed on the engine compartment emissions system data plate or in the owners manual.

( 34) Model Year means the annual production period of new motor vehicles or new motor vehicle engines designated by the calendar year in which such production ends. If the manufacturer does not designate a production period, the year with respect to such vehicle or engines shall mean the twelve ( 12) month period beginning January of the year in which production thereof begins. The model year for a motor vehicle constructed by other than the original manufacturer shall be assigned by the Technical Secretary.

( 35) Motor vehicle is any self propelled vehicle used for transporting persons or commodities on public roads.

( 36) Motor Vehicle Regulatory License is the annual motor vehicle license required as a condition for legal operation of certain classes of motor vehicles. Page 4 of 16 ( 37) Motorcycle is any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and having a curb weight of 2000 pounds ( 907 kilograms) or less.

( 38) New motor vehicle is any motor vehicle that has never been previously titled or registered in this or any other jurisdiction and whose ownership document remains as a manufacturer's certificate of origin.

( 39) Official Inspection Station means a facility operated by the Department and/ or contractor to conduct test only vehicle inspections pursuant to this regulation, in a Centralized Network.

( 40) Onboard Diagnostics ( OBD) is a system of vehicle component and condition monitors controlled by a central, onboard computer designed to signal the motorist when conditions exist which could lead to a vehicle's exceeding its certification standards by 1.5 times the FTP standard.

( 41) OBD Data Link Connector ( DLC) serves as an interface between a vehicle's OBD computer and the OBD scanner and is usually located under the dashboard on the driver's side. Connecting an OBD scanner to the DLC allows inspectors and vehicle repair technicians to read the readiness status of vehicle's onboard monitors as well as any diagnostic trouble codes.

( 42) Pollution Control Device is the equipment designed by the manufacturer for installation on a motor vehicle for the purpose of reducing pollutants emitted from the vehicle, or a system or engine modification on a motor vehicle which causes a reduction of pollutants emitted from the motor vehicle.

( 43) Readiness codes are status flags stored by a vehicle's onboard computer which is different from the DTC in that it does not indicate a vehicle fault, but rather whether or not a given monitor has been run ( i. e. whether or not the component or system in question has been checked to determine if it is functioning properly).

( 44) RPM is a term describing the engine crankshaft revolutions per minute.

( 45) Tampering means to remove, render inoperative, cause to be removed, or make less operative any emission control device, unless such removal or act to render inoperative or less operative is for the purpose of motor vehicle disposal or salvage operation.

( 46) Technical Secretary is the Technical Secretary of the Air Pollution Control Board of the State of Tennessee or his designated representative.

( 47) Vehicle Exhaust System means all devices, equipment and systems which transport exhaust emissions from the exhaust ports of the motor vehicle engine to the atmosphere.

( 48) Wheel Tax is the annual commercial vehicle tax required as a condition for the legal operation of certain classes of motor vehicles.

( 49) Opacity is the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed July 8, 2001; effective October 1, 2001. Amendment filed September 19, 2001; effective December 3, 2001. Page 5 of 16 1200 3 29. 03 Motor Vehicle Inspection Requirements ( 1) All of the light duty motor vehicles registered in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program or directly with the motor vehicle division of the Tennessee Department of Revenue pursuant to T. C. A. § 55 4 207 and used within or assigned to a user within that county, except those exempted by Rule 1200 3 29. 04, are required to be inspected annually for compliance with emissions performance and anti tampering test criteria in Rules 1200 3 29. 05 and 1200 3 29. 06. Owners of vehicles so inspected are required to obtain a Certificate of Compliance. A Certificate of Compliance shall be valid for 90 days following the date of issuance, except for those registered pursuant to T. C. A. § 55 4 207, which shall be valid for one year.

( 2) Any light duty vehicle which is owned or operated by an agency of the federal government and which is operated on a federal installation located in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program is required to be inspected annually for compliance with emissions performance and anti tampering criteria in Rules 1200 3 29. 05 and 1200 3 29. 06. This requirement shall not apply to a vehicle which is on the facility for less than a total of 60 days during the calendar year.

( 3) A Certificate of Compliance shall be issued only by the Department and/ or contractor vehicle inspector or a licensed fleet vehicle inspector and only after the vehicle demonstrates compliance with the test criteria established in Rules 1200 3 29. 05 and 1200 3 29. 06.

( 4) All light duty motor vehicles required to obtain a Certificate of Compliance except those vehicles contained in a fleet which has a valid fleet inspection permit and those vehicles registered in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program but not subject to either the Wheel Tax or the Motor Vehicle Regulatory License requirements shall obtain a valid Certificate of Compliance within 90 days prior to the required date for payment of the wheel tax or the motor vehicle regulatory license fee as appropriate to the class of motor vehicle. . ( 5) All light duty motor vehicles required to obtain a Certificate of Compliance that are contained in a fleet having a valid fleet inspection permit, operated on a Federal installation registered in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program or vehicles registered in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program in order to attain and maintain compliance with national ambient air quality standards within any area of Tennessee or an adjoining state but exempt from the Wheel Tax and Motor Vehicle Regulatory License requirements shall obtain a valid Certificate of Compliance within 90 days prior to a compliance date for that particular motor vehicle. The Technical Secretary shall establish a schedule of compliance dates for such vehicles. A copy of the Certificate of Compliance for each fleet vehicle shall be submitted to the Technical Secretary within 90 days of the compliance date. A list of all subject vehicles shall be submitted to the Technical Secretary or his designee on an annual basis as directed by the division. Additionally, notification of any changes to the list of subject vehicles shall be made to the division within 30 days of such changes.

( 6) The Certificate of Compliance must be presented to the County Clerks' office prior to the issuance of the Wheel Tax or the Vehicle Regulatory License.

( 7) The requirements contained in this Chapter shall become effective July 1, 1994. The provisions concerning OBD testing shall become effective July 1, 2002. Page 6 of 16 Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed October 12, 1998; effective December 26, 1998. Amendment filed July 8, 2001; effective October 1, 2001.

1200 3 29. 04 Exemption from Motor Vehicle Inspection Requirements ( 1) The following classes of motor vehicles are exempt from the requirements established in Rule 1200 3 29. 03 of this Chapter:

( a) antique motor vehicles ( b) electric powered light duty vehicles ( c) light duty motor vehicles with a designated model year prior to 1975 ( d) motorcycles ( e) heavy duty motor vehicles ( f) new motor vehicles being registered for the first time or one year from initial registration ( g) tactical military vehicles Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed September 19, 2001; effective December 3, 2001.

1200 3 29. 05 Motor Vehicle Emission Performance Test Criteria ( 1) Vehicles shall not be allowed to complete emission performance testing if one or more of the following conditions exist when the vehicle is presented for testing:

( a) For 1975 through 1995 model gasoline powered motor vehicles, if the vehicle exhaust system leaks in such a way as to dilute the exhaust emissions being sampled by the exhaust gas analyzer, the sum of carbon monoxide and carbon dioxide concentrations recorded for idle speed reading from an exhaust outlet must not be less than 6%.

( b) For 1975 through 2001 model diesel powered motor vehicles, if the vehicle's exhaust system leaks in such a way as to dilute the exhaust emissions being sampled.

( c) The visible emissions from the motor vehicle are such that it would interfere with operation of the testing equipment.

( 2) Gasoline powered motor vehicle models 1975 through 1995 which have idle speed emission values that exceed the test standards specified in Table I shall fail the emission performance test. Page 7 of 16 TABLE I MAXIMUM IDLE SPEED EMISSIONS ALLOWABLE DURING IDLE SPEED EMISSIONS TEST CO ( % ) HC ( PPM) VEHICLE MODEL YEAR LIGHT DUTY VEHICLES LESS THAN OR EQUAL TO 6000 LBS GVWR LIGHT DUTY VEHICLES GREATER THAN 6000 LBS GVWR LIGHT DUTY VEHICLE LESS THAN OR EQUAL TO 6000 LBS GVWR LIGHT DUTY VEHICLES GREATER THAN 6000 LBS GVWR 1975 5.0 6.5 500 750 1976 5.0 6.5 500 750 1977 5.0 6.5 500 750 1978 4.0 6.0 400 600 1979 4.0 6.0 400 600 1980 3.0 4.5 300 400 1981  1995 1.2 4.0 220 400 ( 3) Light duty diesel powered motor vehicle models 1975 through 2001 shall be subject to the curb idle test as follows:

( a) A diesel vehicle shall not emit visible emissions in excess of ten ( 10) percent opacity for ten ( 10) or more consecutive seconds, as measured at idle engine speed.

( 4) All 1996 and newer gasoline powered motor vehicles and all 2002 and newer diesel powered motor vehicles shall be subject to an OBD inspection. An OBD check shall consist of two parts: a visual check of the MIL and an electronic examination of the OBD computer. The vehicle is required to pass a MIL command on test and a bulb check test. After the vehicle has passed the MIL command on test and the bulb check test, it must not have any DTCs set and all of the required readiness codes must be set in order to pass an OBD inspection.

( 5) When a motor vehicle is equipped with other than the original engine or when a motor vehicle has been constructed, modified, customized or altered in such a way so that the model year cannot be clearly determined, the vehicle shall be classified for purposes of the emission performance test by the model year of the chassis.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed September 19, 2001; effective December 3, 2001.

1200 3 29. 06 Motor Vehicle Anti Tampering Criteria ( 1) Each gasoline powered motor vehicle subject to an emission performance test is also subject to a visual anti tampering inspection under this rule and shall comply with the following minimum anti tampering requirements:

( a) At a minimum, the emissions control devices subject to an inspection are the catalytic converter, and fuel filler cap. If emission control devices are found in a tampered condition, such devices shall be repaired or replaced prior to any retesting or reinspection as provided for in Rule 1200 3 29. 10.

( b) Nothing in this Rule shall be construed as to relieve a motor vehicle owner from complying with the provisions of Rule 1200 3 29. 05. Page 8 of 16 ( 2) Each gasoline powered motor vehicle subject to an OBD inspection is also subject to an antitampering test, and shall comply with a DLC check, and a fuel cap pressure test.

( 3) Each diesel powered motor vehicle subject to an emission performance test is also subject to an anti tampering test and shall comply at a minimum with a catalytic converter check, if applicable, and a fuel capcheck.

( 4) Each diesel powered motor vehicle subject to an OBD inspection is also subject to an antitampering test, and shall comply with a DLC check and a fuel capcheck.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed September 19, 2001; effective December 3, 2001.

1200 3 29. 07 Motor Vehicle Emissions Performance Test Methods ( 1) For gasoline powered motor vehicles, the motor vehicle emissions performance test shall consist of the sampling of exhaust emissions at idle speed and measurement of CO2 dilution, CO concentration and HC concentration.

( 2) For gasoline powered motor vehicles, sampling of exhaust emissions shall consist of measurement of CO2 dilution, CO concentration and HC concentration during idle operation using an approved exhaust gas analyzer. Measurements taken during the initial idle phase may be succeeded by measurements taken during a second idle phase which has followed an engine conditioning phase consisting of engine operation at approximately 2500 RPM for approximately 20 seconds. The lowest emission readings from either of these idle speed test phases shall be used to determine pass or failure of the emissions performance test.

( 3) For diesel powered motor vehicles, the motor vehicle emissions performance test shall consist of the Curb Idle test procedures for diesel vehicles:

( a) Diesel powered vehicles shall be inspected with an opacity meter that is a full flow, direct reading, continuous reading light extinction type using a collimated light source and photo electric cell, accurate to within plus or minus five ( 5) percent.

( b) Separate measurements shall be made on each exhaust outlet on diesel vehicles equipped with multiple exhaust outlets. The reading taken from the outlet giving the highest reading shall be used for comparison with the standard for the vehicle being tested.

( 4) For gasoline powered motor vehicles with a model year of 1996 and newer and for diesel powered motor vehicles with a model year of 2002 and newer, an onboard diagnostic test shall be performed. All vehicles that have a readily accessible OBD system shall be tested. The results of the test shall be used to determine pass or failure of the vehicle.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed September 19, 2001; effective December 3, 2001.

1200 3 29. 08 Motor Vehicle Anti Tampering Test Methods ( 1) For vehicles 1975 to 1995, the motor vehicle anti tampering test shall be verified by the Department vehicle inspector and consist of the following elements: Page 9 of 16 ( a) The vehicle shall be checked by the vehicle inspector to see that the appropriate fuel cap is securely in place. If the appropriate fuel cap is not in place, it shall result in the failure of the anti tampering test.

( b) The vehicle shall be checked visually ( with a mirror or otherwise) to see if the catalytic converter is the correct type for the certified vehicle configuration and is properly connected. If the catalytic converter has been tampered with, removed or is the incorrect configuration, it shall result in the failure of the anti tampering test.

( 2) Each gasoline powered motor vehicle with a model year of 1996 and newer is subject to an anti tampering test, and shall comply with the DLC and a fuel cap pressure test. The antitampering test shall consist of the following elements:

( a) Vehicle shall be visually checked to see if the appropriate fuel cap is securely in place.

( b) If the fuel cap is present, it shall be removed and a fuel cap pressure test shall be performed to assure the cap is working properly. ( F. T. P. 26 21 Pass/ Fail Standard). If the fuel cap fails the pressure test, it shall result in a failure of the anti tampering test.

( c) If the DLC has been tampered with or is missing, it must be repaired or replaced prior to any retesting or reinspection. If the vehicle is incompatible with the OBD test equipment or if the DLC is readily unavailable, then the vehicle is required to pass the idle speed emission values as specified in Paragraph 1200 3 29. 05.

( 3) Each diesel powered motor vehicle with a model year of 2002 and newer is subject to an antitampering test, and shall comply at a minimum with a DLC check and a fuel cap pressure test. The anti tampering test shall consist of the following elements:

( a) Vehicle shall be visually checked to see if the appropriate fuel cap is securely in place.

( b) If the DLC has been tampered with or is missing, it must be repaired or replaced prior to any retesting or reinspection. If the vehicle is incompatible with the OBD test equipment or if the DLC is readily unavailable, then the vehicle is subject to the Curb Idle test as specified in Paragraph 1200 3 29. 05.

( 4) Pass/ fail determination. A pass or fail determination shall be made for each of the test elements in Paragraph 1200 3 29. 08( 1), ( 2), or ( 3). If a vehicle fails any of the antitampering elements in Paragraph 1200 3 29. 08( 1), ( 2), or ( 3), it shall result in the failure of the motor vehicle inspection test and a Certificate of Compliance shall not be issued until the repairs have been made to the vehicle.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed September 19, 2001; effective December 3, 2001.

1200 3 29. 09 Motor Vehicle Inspection Program ( 1) The motor vehicle inspection program shall be operated by the Tennessee Department of Environment and Conservation, Division of Air Pollution Control, the State approved local government and/ or the State approved contractor.

( 2) All motor vehicle inspections shall be conducted at official or mobile inspection stations operated by the Department, local government and/ or contractor except those fleet inspections provided for in Paragraph 1200 3 29. 09( 3) of this regulation. Page 10 of 16 ( 3) In lieu of the requirement in Paragraph 1200 3 29. 09( 2) of this regulation, vehicles owned or operated by a fleet operator to whom a fleet inspection permit has been issued may be inspected by a licensed fleet vehicle inspector at a site other than an official inspection station.

( 4) A light duty fleet vehicle operator may make application to the Technical Secretary for a fleet inspection permit. Minimum requirements for issuance of a permit shall be:

( a) Possession of an approved analyzer, tools and testing equipment determined by the Technical Secretary to be adequate for conducting the required emissions inspections;

( b) Demonstration of knowledge of methods and procedures for conducting the required emissions performance and anti tampering inspections according to criteria developed by the Technical Secretary;

( c) Provisions of appropriate facility for vehicle testing and appropriate secure storage facility for storage of Certificates of Compliance and records of inspections;

( d) Agreement to supply inspection and Certificate of Compliance issuance information as requested by the Technical Secretary and to allow access to testing facility, testing equipment, testing personnel, testing data, Certificate of Compliance inventory and fleet vehicles as requested by the Technical Secretary;

( e) Retention of licensed fleet vehicle inspector to conduct fleet vehicle inspections.

( 5) A fleet inspection permit shall be valid for one year from the date of issuance and may be renewed through application to the Technical Secretary within 30 days prior to the date of expiration. A fleet inspection permit is not transferable and may be denied, suspended or revoked by the Technical Secretary for failure to comply with this regulation and other requirements as determined by the Department.

( 6) A person employed or retained by a fleet operator holding a valid fleet inspection permit may make application to the Technical Secretary for a fleet vehicle inspector's license. Minimum requirements for issuance of this license shall be:

( a) Successful completion of a vehicle inspector training course prepared and offered by the Department;

( b) Successful completion of the mechanics training course approved by the Technical Secretary;

( c) Agreement to participate in additional training activities from time to time as specified by the Technical Secretary;

( d) Provision of written evidence that applicant is employed or retained by the fleet operator.

( 7) A fleet inspector's license shall be valid for one year from the date of issuance and may be renewed through application to the Technical Secretary within thirty ( 30) days prior to the date of expiration. A fleet vehicle inspector's license is not transferable and may be denied, suspended or revoked by the Technical Secretary for failure to comply with this regulation and other requirements as determined by the Department.

( 8) All vehicles issued a Certificate of Compliance under the provision of Paragraph 1200 3 29 .09( 3) of this regulation shall be subject to retesting at either the fleet inspection location or an official inspection station as deemed necessary by the Technical Secretary in order to maintain compliance with the intent of this regulation. Page 11 of 16 Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994.

1200 3 29. 10 Motor Vehicle Inspection Fee ( 1) There shall be a fee set by the Tennessee Air Pollution Control Board for the Inspection & Maintenance program. The fee shall be for each emission test and payable at the time of inspection by the operator of the vehicle subject to the testing.

( 2) There shall be a fee of five dollars ($ 5.00) for each Certificate of Compliance generated by licensed fleet inspectors for issuance to motor vehicles which comply with the testing provisions of this regulation.

( 3) Each vehicle which fails its initial inspection is entitled to one ( 1) reinspection at no charge if the vehicle is accompanied by the entire initial inspection report.

( 4) Motor vehicle owners or operator shall be given in writing the results of all inspection procedures carried out at any official inspection station.

( 5) There shall be a fee of One Hundred Dollars ($ 100.00) for each annual Fleet Inspection Permit issued to fleet vehicle operators.

( 6) There shall be a fee of One Hundred Dollars ($ 100.00) for each initial annual Fleet Vehicle Inspector's License issued to a fleet vehicle inspector; there shall be a fee of Twenty Five Dollars ($ 25.00) for each annual renewal of a Fleet Vehicle Inspector's License.

Authority: T. C. A. § § 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed February 14, 1994; April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed July 8, 2001; effective October 1, 2001; Amendment filed September 19, 2001; effective December 3, 2001.

1200 3 29. 11 Waiver Provisions ( 1) The purpose of this rule is to allow a person to operate a motor vehicle that fails to meet the applicable motor vehicle emission performance test criteria as specified in Rule 1200 3 29 .05, provided the department has issued to the owner of the motor vehicle a waiver.

( 2) A waiver issued pursuant to this rule shall relieve the owner of a motor vehicle from responsibility for taking any further action to reduce exhaust emissions from the motor vehicle until the motor vehicle is next due for inspection, pursuant to Rule 1200 3 29. 03.

( 3) Any owner of a motor vehicle may be eligible and may apply to the department for a waiver pursuant to this rule if:

( a) An application for a waiver is submitted to a representative at an inspection site designated by the department;

( b) The vehicle passed the tampering portion of the vehicle inspection;

( c) All of the exhaust emissions components appropriate to make, model, year, series, and engine size are in place and visually operating;

( d) The vehicle failed the first initial emissions test and subsequent retest after repairs; Page 12 of 16 ( e) The owner of the vehicle has spent the required amount, pursuant to part 1, 2, or 3 of this subparagraph, in parts and/ or labor as an attempt to bring the vehicle into compliance with the motor vehicle emission performance test criteria as specified in Rule 1200 3 29. 05.

1. For 1975 through 1980 model year vehicles   the minimum expenditure requirement is $ 75.00. All repairs must be appropriate and/ or related to the cause of the test failure. This expenditure includes parts and labor, as specified in part 4.

2. For 1981 through 1995 model year vehicles   the minimum expenditure requirement is $ 200.00. All repairs must be appropriate and/ or related to the cause of the test failure. This expenditure includes parts and labor, as specified in part 4.

3. For 1996 and newer model year vehicles   the minimum expenditure requirement is $ 650.00. All repairs must be appropriate and/ or related to the cause of the test failure. This expenditure includes parts and labor, as specified in part 4.

4. The cost of labor can be applied towards the expenditure amount only if the repairs were performed by a certified repair technician ( National Institute for Automotive Service Excellence[ ASE] certified in engine repair and engine performance). Repairs performed by non technicians ( e. g., owners) may only apply the cost of parts towards the expenditure.

( f) Documentation of repairs must be provided to the department. Documentation shall include dated receipts itemized with the name of each part, part number, and manufacturer.

( g) Emission related repairs were performed on the vehicle sixty ( 60) days before or after the initial failed exhaust emissions inspection; and ( h) Proof of county residence is provided to the department. ( Example: Driver's License and/ or vehicle registration).

( 4) The owner of a motor vehicle still within the failed vehicle's warranty period shall use all available warranty coverage to have repairs made that are directed toward correcting the cause of the motor vehicle's inspection failure prior to applying for a waiver and provide support documentation pursuant to subparagraph ( a) or ( b) of this paragraph.

( a) Documentation indicating that any available warranty coverage has been used to have the repairs made that are directed toward correcting the cause of the motor vehicle's failure to pass the motor vehicle inspection shall be provided to the Department; or ( b) A written denial of warranty coverage for the needed repairs from the manufacturer or authorized dealer shall be provided to the Department.

( 5) Prior to the issuance of a waiver, Division staff shall perform a visual ( underhood) inspection of the motor vehicle. This inspection will be performed to determine that emission related repairs have been completed and verify that the minimum expenditure has been met. If during the visual inspection any motor vehicle tampering, as defined in Division Rule 1200 3 36, is discovered, a waiver cannot be granted.

( 6) The waiver shall be valid for one year or until the next registration expiration date, whichever is sooner. Page 13 of 16 ( 7) A waiver shall be granted to the owner of a motor vehicle provided the requirements of this rule have been fulfilled.

( 8) Upon receiving a waiver from the department, the motor vehicle owner shall be exempt from the requirements of paragraph ( 6) in rule 1200 3 29. 03 within the time period prescribed in paragraph ( 6) of rule 1200 3 29. 11.

Authority: T. C. A. Section § § 55 4128, 68 201 105 and 4 5 201 et. seq. Administrative History: Original rule filed August 30, 2001; effective date November 13, 2001.

1200 3 29. 12 Area of Applicability ( 1) Chapter 1200 3 29 shall apply in the following areas of Tennessee as designated by the Tennessee Air Pollution Control Board:

( a.) Davidson County ( b.) Hamilton County ( c.) Rutherford County ( d.) Sumner County ( e.) Williamson County ( f.) Wilson County ( 2) For the counties specified in paragraph 1200 3 29. 12( 1), the requirements contained in this Chapter shall become effective as follows:

( a.) For EPA designated nonattainment counties classified as Basic, the effective date is April 1, 2006.

( b.) For EPA designated nonattainment counties with an EPA approved Early Action Compact classified as Basic, the effective date is April 1, 2005.

( c.) For EPA designated nonattainment areas classified as Marginal, the effective date is July 1, 2005.

( d.) For EPA designated nonattainment areas classified as Moderate, the effective date is April 1, 2007.

( e.) For counties that would like to volunteer to implement a vehicle inspection and maintenance program, the startup date will be determined by the County and the Tennessee Air Pollution Control Board. Page 14 of 16 Signature of the agency officer or officers directly responsible for proposing and drafting this rule:

___________________________________ Barry R. Stephens Director Tennessee Air Pollution Control Division The roll call vote of the Tennessee Air Pollution Control Board on this rulemaking hearing rule was as follows: Aye No Abstain ________________________ _____ _____ _____ Wilton Burnett, Jr.

________________________ _____ _____ _____ Richard A. Bolton ________________________ _____ _____ _____ Tracy R. Carter ________________________ _____ _____ _____ Dr. Mary English ________________________ _____ _____ _____ Sharon Goldsworthy ________________________ _____ _____ _____ Richard Holland ________________________ _____ _____ _____ Stephen Gossett ________________________ _____ _____ _____ Robert D. Kirkpatrick ________________________ _____ _____ _____ Helen Hennon, P. E.

________________________ _____ _____ _____ Ron Page _______________________ _____ _____ _____ Ike Sewell _______________________ _____ _____ _____ Greer Tidwell, Jr.

________________________ _____ _____ _____ Richard Warder _______________________ _____ _____ _____ Larry Waters Page 15 of 16 I certify that this is an accurate and complete copy of the rulemaking hearing rule, lawfully promulgated and adopted by the Tennessee Air Pollution Control Board on the __________ day of _____________, 2004.

Further, I certify that the provisions of T. C. A. § § 4 5 222 have been fully complied with, that this rule was properly presented for filing, a notice of rulemaking hearing having been filed in the Department of State on the 27th day of February, 2004, and such notice of rulemaking hearing having been published in March 15, 2004, issue of the Tennessee Administrative Register, and such rulemaking hearing having been conducted pursuant thereto on the 19th day of April, 2004.

__________________________________ Barry R. Stephens Technical Secretary Tennessee Air Pollution Control Board Subscribed and sworn to before me this the _________ day of _____________________ , 2004.

__________________________________ Notary Public My commission expires on the ________ day of ____________________ , ________ .

The rulemaking hearing rule provided for herein has been examined by the Attorney General and Reporter of the State of Tennessee and approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

__________________________________ Paul G. Summers Attorney General and Reporter The rulemaking hearing rule set out herein was properly filed in the Department of State on the day of , 20 , and will become effective on the _____ day of _____________ , 20 ____ .

__________________________________ Riley C. Darnell Secretary of State By: _______________________________ Page 16 of 16