[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Rules and Regulations]
[Pages 4957-4959]
[FR Doc No: 2016-01550]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0085; FRL-9933-49-Region 8]

Approval and Promulgation of State Implementation Plan Revisions;
Rules, General Requirements and Test Methods; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
January 28, 2010, September 16, 2010, June 18, 2013, and August 29,
2014. These submittals revise the rules, general requirements and test
methods for the State of Utah. The amendments also update the version
of the Code of Federal Regulations (CFR) incorporated by reference into
the rules of the State of Utah. EPA is not taking action on an April
26, 2012 submittal or a November 4, 2013 submittal because they have
been superseded by the August 29, 2014 submittal. EPA is taking this
action in accordance with section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective February 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2015-0085. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background for Our Final Action

    The background for today's final rule is discussed in detail in our
June 19, 2015 proposal (see 80 FR 35295). The comment period was open
for 30 days and we received no comments.

II. Final Rule

    EPA is approving the SIP revisions submitted by Utah on January 28,
2010, September 16, 2010, June 18, 2013 and August 29, 2014. We are
approving the January 28, 2010 revisions to R307-405-2, with the
exception of the proposed change to the incorporation by reference
date, and approving all of the revisions to R307-102. We are approving
the June 18, 2013 SIP revisions, with the exception of the non-
substantive change to re-number R307-410-5(1)[(d)] to R307-410-
5(1)(c)(i)(C). The August 29, 2014 submittal's newly amended rule
supersedes and replaces all previous versions of submittals of R307-
101-3, General Requirements, Version of Code of Federal Regulations
Incorporated by Reference. EPA is approving the August 29, 2014
revisions. Previous submittals were received on January 28, 2010,
September 16, 2010, April 26, 2012 and November 4, 2013. No further EPA
action is required on those earlier submittals.

III. Incorporation by Reference

    In this rule, the EPA is including in a final EPA rule regulatory
text that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Utah Division of Air Quality rules regarding rules,
general requirements, and test methods discussed in the June 19, 2015
proposal (FR 35295). The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final action merely approves some state law as
meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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
in 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 Clean Air Act; 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 and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq, as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 29, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 24, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    Editorial note:  This document was received for publication by
the Office of Federal Register on January 21, 2016.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding and reserving paragraph (c)(81)
and adding paragraph (c)(82) to read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (81) * * *
    (82) On January 28, 2010, September 16, 2010, June 18, 2013,
November 4, 2013 and August 29, 2014, the Governor submitted revisions
to the Utah State Implementation Plan (SIP). We are approving the
January 28, 2010 revisions to R307-405-2, with the exception of the
proposed change to the incorporation by reference date, and approving
all of the revisions to R307-102. We are approving the June 18, 2013

SIP revisions, with the exception of the non-substantive change to re-
number R307-410-5(1)[(d)] to R307-410-5(1)(c)(i)(C). The August 29,
2014 submittal's newly amended rule supersedes and replaces all
previous versions of submittals of R307-101-3, General Requirements,
Version of Code of Federal Regulations Incorporated by Reference. EPA
is approving the August 29, 2014 revisions. Previous submittals of
R307-101-3 were received on January 28, 2010, September 16, 2010, April
26, 2012 and November 4, 2013. No further EPA action is required on
these earlier submittals.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-101, General Requirements, R307-101-2,
Definitions; effective December 2, 2009 as proposed in the Utah State
Bulletin on October 1, 2009, and published as effective in the Utah
State Bulletin on January 1, 2010.
    (B) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-101, General Requirements, R307-101-3,
Version of Code of Federal Regulations Incorporated by Reference;
effective August 7, 2014, as proposed in the Utah State Bulletin on
June 1, 2014, and published as effective in the Utah State Bulletin on
September 1, 2014.
    (C) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-401, Permit: New and Modified Sources, R307-
401-15, Air Strippers and Soil Venting Projects; effective February 7,
2013, as proposed in the Utah State Bulletin on December 1, 2012, and
published as effective in the Utah State Bulletin on March 1, 2013.
    (D) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-405, Permits: Major Sources in Attainment or
Unclassified Areas (PSD), R307-405-2, Applicability; effective February
5, 2009, as proposed in the Utah State Bulletin on November 1, 2008,
and published as effective in the Utah State Bulletin on March 1, 2009.

[FR Doc. 2016-01550 Filed 1-28-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61006-61007]
[FR Doc No: 2012-24560]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Request for Notification From Industry Organizations Interested
in Participating in the Selection Process for Nonvoting Industry
Representatives and Request for Nominations for Nonvoting Industry
Representatives on the Tobacco Products Scientific Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting that
industry organizations interested in participating in the selection of
a nonvoting industry representative to represent the interests of
tobacco growers, to serve on its Tobacco Products Scientific Advisory
Committee, notify FDA in writing. A nominee may either be self-
nominated or nominated by an organization to serve as a nonvoting
industry representative. Nominations will be accepted for the upcoming
vacancy effective with this notice.

DATES: Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent the interests
of tobacco growers must send a letter stating the interest to FDA by
November 5, 2012, for the vacancy listed in the notice. Concurrently,
nomination materials for prospective candidates should be sent to FDA
by November 5, 2012.

ADDRESSES: All letters of interest and nominations should be submitted
in writing to<EMAIL_ADDRESS>or by mail to Caryn Cohen (see FOR
FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Caryn Cohen, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850, 1-877-287-1373 (choose Option 4), Fax: 240-276-
3655<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Agency requests nominations for a
nonvoting industry representative on the Tobacco Products Scientific
Advisory Committee to represent the interests of tobacco growers.
Elsewhere in this issue of the Federal Register, FDA is publishing a
separate document announcing the Request for Notification for Voting
Members on the Tobacco Products Scientific Advisory Committee.

I. Tobacco Products Scientific Advisory Committee

    The Tobacco Products Scientific Advisory Committee (the Committee)
advises the Commissioner of Food and Drugs (the Commissioner) or
designee in discharging responsibilities as they relate to the
regulation of tobacco products. The Committee reviews and evaluates
safety, dependence, and health issues relating to tobacco products and
provides appropriate advice, information and recommendations to the
Commissioner. The Committee includes three nonvoting members who
represent industry interests. These members include one representative
of the tobacco manufacturing industry, one representative of the
interests of tobacco growers, and one representative of the interests
of the small business tobacco manufacturing industry. The
representative of the interests of the small business tobacco
manufacturing industry may be filled on a rotating basis by
representatives of different small business tobacco manufacturers based
on areas of expertise relevant to the topics being considered by the
Committee. With this notice, nominations are sought for one
representative of the interests of tobacco growers, and an alternate to
this representative.

II. Selection Procedure

    Any industry organization interested in participating in the
selection of appropriate nonvoting member(s) to represent industry
interests should send a letter stating that interest to the FDA contact
(see FOR FURTHER INFORMATION CONTACT) within 30 days of publication of
this document (see DATES). Within 50 days of publication of this
document, FDA will send a letter to each organization that has
expressed an interest, attaching a complete list of all such
organizations, and a list of all nominees along with their current
resumes. The letter will also state that it is the responsibility of
the interested organizations to confer with one another and to select a
candidate, within 60 days of the receipt of the letter, to serve as the
nonvoting member to represent the interests of the tobacco growers on
the Committee. The interested organizations are not bound by the list
of nominees in selecting a candidate. However, if no individual is
selected within 60 days, the Commissioner will select the nonvoting
member to represent industry interests.

III. Application Procedure

    Individuals may self-nominate and/or organizations may nominate one
or more individuals to serve as a nonvoting industry representative
(for the roles specified previously in this notice). Nominations must
include a current resume or curriculum vitae of the nominee including
current business address and/or home address, telephone number, email
address if available, and the role for which the individual is being
nominated. Nominations must also acknowledge that the nominee is aware
of the nomination unless self-nominated. FDA will forward all
nominations to the organizations expressing interest in participating
in the selection process for the committee. (Persons who nominate
themselves as nonvoting industry representatives will not participate
in the selection process.)
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and, therefore, encourages nominations of
appropriately qualified candidates from these groups.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: September 25, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
 [FR Doc. 2012-24560 Filed 10-4-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61151-61153]
[FR Doc No: 2017-27778]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0750; Product Identifier 2017-NE-24-AD; Amendment
39-19137; AD 2017-26-06]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Corporation Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce Corporation (RRC) AE 3007A and AE 3007C model turbofan
engines. This AD was prompted by an updated analysis that lowered the
life limit of fan wheels installed on the affected engines. This AD
requires removal of the affected fan wheel at new, lower life limits.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 31, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 31,
2018.

ADDRESSES: For service information identified in this final rule,
contact Rolls-Royce Corporation, 450 South Meridian Street, Mail Code
NB-02-05, Indianapolis, IN 46225; phone:<PHONE_NUMBER>; email:
royce.com">[email protected]royce.com; internet: www.rolls-royce.com. You
may view this service information at the FAA, Engine and Propeller
Standards Branch, 1200 District Avenue, Burlington, MA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0750; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Document Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kyri Zaroyiannis, Aerospace Engineer,
Chicago ACO Branch, FAA, 2300 E. Devon Ave., Des Plaines, IL 60018;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain RRC AE 3007A and AE
3007C model turbofan engines. The NPRM published in the Federal
Register on September 22, 2017 (82 FR 44357). The NPRM was prompted by
an updated stress analysis that showed higher stress than previously
calculated in the aft retainer flange scallop of the fan wheel, part
number (P/N) 23061670. As a result, RRC reduced the published life of
the affected fan wheel. The NPRM proposed to require removal of the
affected fan wheel at new, lower life limits. We are issuing this AD to
correct the unsafe condition on these products.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. The Air Line
Pilots Association supported the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed RRC Alert Service Bulletin (ASB) AE 3007A-A-72-424/ASB
AE 3007C-A-72-327 (one document), Revision 1, dated April 20, 2017. The
ASB provides updated life limits for the affected fan wheels. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 341 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Replace fan wheel (P/N 23061670)    0 work-hours x $85    $12,357 (pro-rated           $12,357       $4,213,737
 at reduced life.                    per hour = $0.        cost of part).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-26-06 Roll-Royce Corporation (Type Certificate previously held
by Allison Engine Company): Amendment 39-19137; Docket No. FAA-2017-
0750; Product Identifier 2017-NE-24-AD.

(a) Effective Date

    This AD is effective January 30, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Corporation (RRC) AE 3007A, AE
3007A1, AE 3007A1/1, AE 3007A1/2, AE 3007A1/3, AE 3007A1P, AE
3007A1E, AE 3007A3, AE 3007C and 3007C1 turbofan engines with a fan
wheel, part number (P/N) 23061670, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine/
turboprop Engine, Turbine Section.

(e) Unsafe Condition

    This AD was prompted by an updated analysis that lowered the
life limit of fan wheels installed on the affected engines. We are
issuing this AD to prevent failure of the fan wheel. The unsafe
condition, if not corrected, could result in failure of the fan
wheel, uncontained release of the fan wheel, damage to the engine,
and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For all AE 3007A, AE 3007A1, AE 3007A1/1, AE 3007A1/2, AE
3007A1/3, AE 3007A1P, AE 3007A1E, AE 3007A3, AE 3007C and 3007C1
engines with an installed fan wheel, P/N 23061670, after the
effective date of this AD, remove the affected fan wheel before
exceeding the new life limits identified in Planning Information,
paragraph 1.F., of RRC Alert Service Bulletin (ASB) AE 3007A-A-72-
424/ASB AE 3007C-A-72-327 (one document), Revision 1, dated April
20, 2017.
    (2) After the effective date of this AD, do not return to
service any engine with a fan wheel, P/N 23061670, with a fan wheel
life that exceeds the new life limits identified in Planning
Information, paragraph 1.C., of RRC ASB AE 3007A-A-72-424/ASB AE
3007C-A-72-327 (one document), Revision 1, dated April 20, 2017.

(h) Alternative Methods of Compliance (AMOCs)

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

(i) Related Information

    For more information about this AD, contact Kyri Zaroyiannis,
Aerospace Engineer, Chicago ACO Branch, FAA, 2300 E. Devon Ave. Des
Plaines, IL 60018; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce Corporation (RRC) Alert Service Bulletin AE
3007A-A-72-424/ASB AE 3007C-A-72-327 (one document), Revision 1,
dated April 20, 2017.

    (ii) Reserved.
    (3) For RRC service information identified in this AD, contact
Rolls-Royce Corporation, 450 South Meridian Street, Mail Code NB-02-
05, Indianapolis, IN 46225; phone:<PHONE_NUMBER>; email:
royce.com">[email protected]royce.com; internet: www.rolls-royce.com.
    (4) You may view this service information at FAA, Engine and
Propeller Standards Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on December 18, 2017.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2017-27778 Filed 12-26-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18139-18140]
[FR Doc No: 2017-07692]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC17-69-000.
    Applicants: American Electric Power Service Corporation, Indiana
Michigan Power Company.
    Description: Supplement (submitting Public Version) to January 26,
2017 Application for Authorization under Section 203 of the FPA of
American Electric Power Service Corporation, et al.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5120.
    Comments Due: 5 p.m. ET 4/21/17.

    Docket Numbers: EC17-102-000.
    Applicants: Spruce Generation, LLC, Armstrong Power, LLC, Troy
Energy, LLC.
    Description: Joint Application for Approval Under Section 203 of
the Federal Power Act and Request for a Shortened Comment Period of
Spruce Generation, LLC, et al.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5793.
    Comments Due: 5 p.m. ET 6/5/17.

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

    Docket Numbers: EG17-97-000.
    Applicants: Caldwell County Solar LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Caldwell County Solar LLC.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5180.
    Comments Due: 5 p.m. ET 5/2/17.

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

    Docket Numbers: ER17-1162-001.
    Applicants: Midcontinent Independent System Operator, Inc.,
MidAmerican Energy Company.
    Description: Tariff Amendment: 2017-04-10_Amendment to filing to
revise MidAm Att O-27A Depreciation Rates to be effective 6/1/2017.
    Filed Date: 4/10/17.
    Accession Number: 20170410-5218.
    Comments Due: 5 p.m. ET 4/17/17.

    Docket Numbers: ER17-1402-000.
    Applicants: Lively Grove Energy Partners, LLC.
    Description: Tariff Cancellation: Notice of Cancellation of Market-
Based Tariff to be effective 5/31/2017.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5009.
    Comments Due: 5 p.m. ET 5/2/17.

    Docket Numbers: ER17-1403-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSC-PRPA-414-0.1.0-NOC to be
effective 4/12/2017.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5082.
    Comments Due: 5 p.m. ET 5/2/17.

    Docket Numbers: ER17-1404-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Queue #AB1-126, First
Revised Service Agreement No. 4633 to be effective 2/1/2017.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5124.
    Comments Due: 5 p.m. ET 5/2/17.

    Docket Numbers: ER17-1405-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-04-11_SA 2753 NSP-Red
Pine

Wind GIA (H081) to be effective 3/29/2017.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5143.
    Comments Due: 5 p.m. ET 5/2/17.

    Docket Numbers: ER17-1406-000.
    Applicants: PJM Interconnection, L.L.C., Virginia Electric and
Power Company.
    Description: Sec.  205(d) Rate Filing: PJM Transmission Owners
submit revisions to Schedule 12-Assg. of Costs of TMEPs to be effective
12/31/9998.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5172.
    Comments Due: 5 p.m. ET 5/2/17.

    Docket Numbers: ER17-1407-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Concurrence IPL Amended
Exhibits and Attachments (2017) to be effective 6/9/2017.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5218.
    Comments Due: 5 p.m. ET 5/2/17.

    Docket Numbers: ER17-1408-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Amendment to Lassen
Municipal Utility District IA (RS 225) to be effective 2/1/2017.
    Filed Date: 4/11/17.
    Accession Number: 20170411-5224.
    Comments Due: 5 p.m. ET 5/2/17.

    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: April 11, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07692 Filed 4-14-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Page 46269]
[FR Doc No: 2015-19063]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-23-000]

ISO New England Inc.; Notice of Filing

    Take notice that on July 23, 2015, ISO New England Inc. filed a
compliance filing in response to the Federal Energy Regulatory
Commission's March 20, 2014 Order to Show Cause.\1\
---------------------------------------------------------------------------

    \1\ Posting of Offers to Purchase Capacity, Order to Show Cause,
146 FERC ] 61,203 (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 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>.
    Comment Date: 5:00 p.m. Eastern Time on August 18, 2015.

    Dated: July 28, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-19063 Filed 8-3-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13930-13933]
[FR Doc No: 2021-05029]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91266; File No. SR-NYSEArca-2020-104]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 2, To List and Trade
Shares of the Stance Equity ESG Large Cap Core ETF Under NYSE Arca Rule
8.601-E

March 5, 2021.

I. Introduction

    On November 30, 2020, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of Stance
Equity ESG Large Cap Core ETF (``Fund'') under NYSE Arca Rule 8.601-E
(Active Proxy Portfolio Shares). The proposed rule change was published
for comment in the Federal Register on December 21, 2020.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90665 (Dec. 15,
2020), 85 FR 83129.
---------------------------------------------------------------------------

    On January 22, 2021, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ On January 22, 2021, the Exchange filed Amendment No. 1 to
the proposed rule change, which replaced and superseded the proposed
rule change as originally filed.\6\ On March 4, 2021, the Exchange
filed Amendment No. 2 to the proposed rule change, which replaced and
superseded the proposed rule change, as modified by Amendment No. 1.\7\
The Commission has received no comments on the proposed rule change.
This order approves the proposed rule change, as modified by Amendment
No. 2.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 90974, 86 FR 7446
(Jan. 28, 2021). The Commission designated March 21, 2021, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ Amendment No. 1 is available on the Commission's website at
https://www.sec.gov/comments/sr-nysearca-2020-104/srnysearca2020104-8276588-228099.pdf.
    \7\ In Amendment No. 2, the Exchange: (1) Updated the status of
the application for exemptive relief filed by the Issuer (as defined
below); (2) changed the distributor and principal underwriter of the
Fund; (3) stated that, in connection with the creation and
redemption of Active Proxy Portfolio Shares, such creation or
redemption may be exchanged for a Proxy Portfolio (as defined below)
and/or cash; (4) represented that the Proxy Portfolio will not
include any asset that is ineligible to be in the Actual Portfolio
(as defined below) of the Fund; (5) stated that the Fund's holdings
will conform to the permissible investments as set forth in the
Exemptive Order (as defined below) and that the holdings will be
consistent with all requirements in the Exemptive Order; (6)
supplemented its description of the Fund's investment objective; (7)
revised the description of the availability of pricing information;
(8) described that a creation unit will generally consist of 5,000
shares; (9) supplemented its description of the disclosures about
the Proxy Portfolio that the Fund will publish on its website each
business day; (10) stated that the Exchange will obtain a
representation from the Issuer that the net asset value per Share of
the Fund will be calculated daily and that the net asset value,
Portfolio Reference Basket (as defined below), and the Actual
Portfolio (as defined below) for the Fund will be made available to
all market participants at the same time; and (11) made conforming
and technical changes. Because Amendment No. 2 does not materially
alter the substance of the proposed rule change, Amendment No. 2 is
not subject to notice and comment. Amendment No. 2 is available on
the Commission's website at https://www.sec.gov/comments/sr-nysearca-2020-104/srnysearca2020104.htm.
---------------------------------------------------------------------------

II. Summary of the Exchange's Description of the Proposed Rule Change,
as Modified by Amendment No. 2 \8\
---------------------------------------------------------------------------

    \8\ Additional information regarding the Fund, the Issuer (as
defined below), and the Shares can be found in Amendment No. 2,
supra note 7, and Registration Statement, supra note 9.
---------------------------------------------------------------------------

    NYSE Arca Rule 8.900-E(b)(1) requires the Exchange to file separate
proposals under Section 19(b) of the Act before listing and trading any
series of Active Proxy Portfolio Shares on the Exchange; thus, the
Exchange submitted this proposal to list and trade the Shares.\9\ The
Shares of the Fund will be issued by The RBB Fund, Inc. (``Issuer''), a
corporation organized under the laws of the State of Maryland and
registered with the Commission as an open-end management investment
company.\10\ Red Gate Advisers, LLC (``Adviser'') will be the
investment adviser to the Fund. Stance Capital, LLC and Vident
Investment Advisory, LLC will be the sub-advisers (``Sub-Advisers'')
for the Fund. U.S. Bank, N.A. will serve as the Fund's custodian, U.S.
Bancorp Fund Services, LLC will serve as the Fund's transfer agent, and
Vigilant Distributors, LLC will act as the distributor and principal
underwriter for the Fund.
---------------------------------------------------------------------------

    \9\ As defined in Rule 8.601-E(c)(1), the term ``Active Proxy
Portfolio Share'' means a security that (a) is issued by an
investment company (``Investment Company'') registered under the
Investment Company Act of 1940 (``1940 Act'') organized as an open-
end management investment company that invests in a portfolio of
securities selected by the Investment Company's investment adviser
consistent with the Investment Company's investment objectives and
policies; (b) is issued in a specified minimum number of shares, or
multiples thereof, in return for a deposit by the purchaser of the
Proxy Portfolio and/or cash with a value equal to the next
determined net asset value (``NAV''); (c) when aggregated in the
same specified minimum number of Active Proxy Portfolio Shares, or
multiples thereof, may be redeemed at a holder's request in return
for the Proxy Portfolio and/or cash to the holder by the issuer with
a value equal to the next determined NAV; and (d) the portfolio
holdings for which are disclosed within at least 60 days following
the end of every fiscal quarter. Rule 8.601-E(c)(2) provides that
the term ``Actual Portfolio'' means the identities and quantities of
the securities and other assets held by the Investment Company that
shall form the basis for the Investment Company's calculation of NAV
at the end of the business day.'' Rule 8.601-E(c)(3) provides that
the term ``Proxy Portfolio'' means a specified portfolio of
securities, other financial instruments and/or cash designed to
track closely the daily performance of the Actual Portfolio of a
series of Active Proxy Portfolio Shares as provided in the exemptive
relief pursuant to the Investment Company Act of 1940 applicable to
such series.
    \10\ The Issuer is registered under the 1940 Act. On November
23, 2020, the Issuer filed a registration statement on Form N-1A
under the Securities Act of 1933 (15 U.S.C. 77a), and under the 1940
Act relating to the Fund (File Nos. 033-20827 and 811-05518)
(``Registration Statement''). The Issuer filed an Application for an
Order under Section 6(c) of the 1940 Act for exemptions from various
provisions of the 1940 Act and rules thereunder (File No. 812-
15165), dated September 28, 2020 (``Application''). The Issuer filed
an amended Application on December 10, 2020, and a second amended
Application on January 15, 2021. On February 26, 2021, the
Commission issued an order (``Exemptive Order'') under the 1940 Act
granting the exemptions requested in the Application (Investment
Company Act Release No. 34215, February 26, 2021). The Exchange
states that investments made by the Fund will comply with the
conditions set forth in the Application and the Exemptive Order.
According to the Exchange, the description of the operation of the
Fund in the proposal is based, in part, on the Registration
Statement and the Application.

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

A. Description of the Fund

    The Exchange states that the Fund's holdings will conform to the
permissible investments as set forth in the Application and Exemptive
Order, and the holdings will be consistent with all requirements in the
Application and Exemptive Order.\11\
---------------------------------------------------------------------------

    \11\ Pursuant to the Application and Exemptive Order, the
permissible investments for the Fund include only the following
instruments: ETFs traded on a U.S. exchange, exchange-traded notes
(``ETNs'') traded on a U.S. exchange, U.S. exchange-traded common
stocks, U.S. exchange-traded preferred stocks, U.S. exchange-traded
American Depositary Receipts (``ADRs''), U.S. exchange-traded real
estate investment trusts, U.S. exchange-traded commodity pools, U.S.
exchange-traded metals trusts, U.S. exchange-traded currency trusts,
and U.S. exchange-traded futures; common stocks listed on a foreign
exchange that trade on such exchange contemporaneously with the
Fund's Shares; exchange-traded futures that are traded on a U.S.
futures exchange contemporaneously with the Fund's Shares; and cash
and cash equivalents (which are short-term U.S. Treasury securities,
government money market funds, and repurchase agreements). According
to the Exchange, the Fund will not borrow for investment purposes,
hold short positions, or purchase any securities that are illiquid
investments at the time of purchase.
---------------------------------------------------------------------------

    According to the Exchange, the Fund's investment objective is to
seek long-term capital appreciation. The Exchange states that the Fund
will invest, under normal circumstances, at least 80% of the value of
its net assets (plus the amount of any borrowings for investment
purposes) in exchange-traded equity securities of U.S. large
capitalization issuers that meet environmental, social, and governance
standards, as determined by Stance Capital, LLC.

B. Investment Restrictions

    The Exchange states that the Shares of the Fund will conform to the
initial and continued listing criteria under Rule 8.601-E. The Fund's
holdings will be consistent with all requirements in the Application
and Exemptive Order. According to the Exchange, the Fund's investments,
including derivatives, will be consistent with its investment objective
and will not be used to enhance leverage (although certain derivatives
and other investments may result in leverage). That is, the Fund's
investments will not be used to seek performance that is the multiple
or inverse multiple (e.g., 2X or -3X) of the Fund's primary broad-based
securities benchmark index (as defined in Form N-1A).\12\
---------------------------------------------------------------------------

    \12\ The Fund's broad-based securities benchmark index will be
identified in a future amendment to its Registration Statement
following the Fund's first full calendar year of performance.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 2, is consistent with the Act and
rules and regulations thereunder applicable to a national securities
exchange.\13\ In particular, the Commission finds that the proposed
rule change, as modified by Amendment No. 2, is consistent with Section
6(b)(5) of the Act,\14\ which requires, among other things, that the
Exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \13\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposal is reasonably designed to
promote fair disclosure of information that may be necessary to price
the Shares appropriately and to prevent trading in the Shares when a
reasonable degree of certain pricing transparency cannot be assured. As
such, the Commission believes the proposal is reasonably designed to
maintain a fair and orderly market for trading the Shares. The
Commission also finds that the proposal is consistent with Section
11A(a)(1)(C)(iii) of the Act, which sets forth Congress's finding that
it is in the public interest and appropriate for the protection of
investors and the maintenance of fair and orderly markets to assure the
availability to brokers, dealers, and investors of information with
respect to quotations for, and transactions in, securities.
    Specifically, the Commission notes that the Exchange, prior to
commencement of trading in the Shares, will obtain a representation
from the Issuer that the NAV per Share will be calculated daily and
that the NAV, Portfolio Reference Basket,\15\ and Actual Portfolio for
the Fund will be made available to all market participants at the same
time.\16\ Information regarding market price and trading volume of the
Shares will be continually available on a real-time basis throughout
the day on brokers' computer screens and other electronic services. The
Exchange states that quotation and last sale information for the Shares
and U.S. exchange-traded instruments (excluding futures contracts) will
be available via the Consolidated Tape Association (``CTA'') high-speed
line, from the exchanges on which such securities trade, or through
major market data vendors or subscription services. Intraday pricing
information for all exchange-traded instruments, which includes all
eligible instruments except cash and cash equivalents, will be
available on the exchanges on which they trade or through major market
data vendors or subscription services. Intraday pricing information for
cash equivalents is available through major market data vendors,
subscription services, and/or pricing services. The Fund's website will
include additional information updated on a daily basis, including, on
a per Share basis for the Fund, the prior business day's NAV, the
closing price or bid/ask price at the time of calculation of such NAV,
and a calculation of the premium or discount of the closing price or
bid/ask price against such NAV. The website will also disclose the
Guardrail Amount,\17\ which is the maximum deviation between the
weightings of the specific securities in the Portfolio Reference Basket
and the weightings of those specific securities in the Actual
Portfolio, and any other information regarding premiums and discounts
and the bid/ask spread for the Fund as may be required for other ETFs
under Rule 6c-11 under the 1940 Act. The identity and quantity of
investments in the Portfolio Reference Basket will be publicly
available on the Fund's website before the commencement of trading in
Shares on each Business Day and the Fund's website will disclose the
information required under Rule 8.601-E(c)(3).\18\ The website and
information will be publicly available at no charge.
---------------------------------------------------------------------------

    \15\ The Exchange states that the ``Portfolio Reference Basket''
is the Proxy Portfolio for purposes of Rule 8.601-E(c)(3). See
Amendment No. 2, supra note 7, at n. 9.
    \16\ See NYSE Arca Rule 8.601-E(d)(1)(B).
    \17\ See Amendment No. 2, supra note 7, at 9.
    \18\ See Rule 8.601-E(c)(3), which requires that the website for
each series of Active Proxy Portfolio Shares shall disclose the
information regarding the Proxy Portfolio as provided in the
exemptive relief pursuant to the 1940 Act applicable to such series,
including the following, to the extent applicable: (i) Ticker
symbol; (ii) CUSIP or other identifier; (iii) description of
holding; (iv) quantity of each security or other asset held; and (v)
percentage weighting of the holding in the portfolio.
---------------------------------------------------------------------------

    The Commission also notes that the Exchange's rules regarding
trading halts help to ensure the maintenance of fair and orderly
markets for the Shares. Specifically, pursuant to its rules, the
Exchange may consider all relevant factors in exercising its discretion
to halt trading in the Shares and will halt trading in the Shares under
the conditions specified in NYSE Arca Rule

7.12-E. Trading may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the Shares
inadvisable, including (1) the extent to which trading is not occurring
in the securities and/or the financial instruments composing the Proxy
Portfolio and/or Actual Portfolio; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present.\19\ Trading in the Shares also will be
subject to NYSE Arca Rule 8.601-E(d)(2)(D), which sets forth additional
circumstances under which trading in the Shares will be halted.
---------------------------------------------------------------------------

    \19\ See NYSE Arca Rule 8.601-E(d)(2)(D)(i).
---------------------------------------------------------------------------

    The Commission also believes that the proposal is reasonably
designed to help prevent fraudulent and manipulative acts and
practices. Specifically, the Exchange provides that:
     The Adviser is not registered as a broker-dealer but is
affiliated with a broker-dealer and has implemented and will maintain a
``fire wall'' with respect to such broker-dealer affiliate regarding
access to information concerning the composition of and/or changes to
the Fund's Actual Portfolio and/or Proxy Portfolio. The Sub-Advisers
are not registered as broker-dealers and are not affiliated with a
broker-dealer;
     Any person related to the Adviser, Sub-Adviser(s), or the
Fund who makes decisions pertaining to the Fund's Actual Portfolio or
Proxy Portfolio or who has access to non-public information regarding
the Fund's Actual Portfolio and/or the Proxy Portfolio or changes
thereto are subject to procedures reasonably designed to prevent the
use and dissemination of material non-public information regarding the
Fund's Actual Portfolio and/or the Proxy Portfolio or changes thereto;
     In the event (a) the Adviser or Sub-Adviser(s) becomes
registered as a broker-dealer or becomes newly affiliated with a
broker-dealer or (b) any new adviser or sub-adviser is a registered
broker-dealer, or becomes affiliated with a broker-dealer, it will
implement and maintain a fire wall with respect to its relevant
personnel or its broker-dealer affiliate regarding access to
information concerning the composition of and/or changes to the Fund's
Actual Portfolio and/or Proxy Portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding the Fund's Actual Portfolio and/or
Proxy Portfolio or changes thereto; and
     Any person or entity, including any service provider for
the Fund, who has access to non-public information regarding the Fund's
Actual Portfolio or the Proxy Portfolio or changes thereto will be
subject to procedures reasonably designed to prevent the use and
dissemination of material non-public information regarding the Fund's
Actual Portfolio and/or the Proxy Portfolio or changes thereto, and if
any such person or entity is registered as a broker-dealer or
affiliated with a broker-dealer, such person or entity has erected and
will maintain a ``fire wall'' between the person or entity and the
broker-dealer with respect to access to information concerning the
composition of and/or changes to the Fund's Actual Portfolio and/or
Proxy Portfolio.
    Finally, the Exchange represents that trading in the Shares will be
subject to the existing trading surveillances, administered by the
Exchange, as well as cross-market surveillances administered by FINRA
on behalf of the Exchange,\20\ and that these surveillance procedures
are adequate to properly monitor Exchange trading of the Shares in all
trading sessions and to deter and detect violations of Exchange rules
and federal securities laws applicable to trading on the Exchange.
---------------------------------------------------------------------------

    \20\ See NYSE Arca Rule 8.601-E, Commentary .03, which requires,
as part of the surveillance procedures for Active Proxy Portfolio
Shares, the Fund's investment adviser to, upon request by the
Exchange or FINRA, on behalf of the Exchange, make available to the
Exchange or FINRA the daily Actual Portfolio holdings of the Fund.
---------------------------------------------------------------------------

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
    In support of this proposal, the Exchange represents also that:
\21\
---------------------------------------------------------------------------

    \21\ See Amendment No. 2, supra note 7.

    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Rule 8.601-E.
    (2) A minimum of 100,000 Shares for the Fund will be outstanding
at the commencement of trading on the Exchange.
    (3) The Exchange or FINRA, on behalf of the Exchange, or both,
will communicate as needed, and may obtain information, regarding
trading in the Shares and underlying exchange-traded instruments
with other markets and other entities that are members of the
Intermarket Surveillance Group (``ISG''). In addition, the Exchange
may obtain information regarding trading in the Shares and exchange-
traded instruments from markets and other entities with which the
Exchange has in place a comprehensive surveillance sharing
agreement. Any foreign common stocks held by the Fund will be traded
on an exchange that is a member of the ISG or with which the
Exchange has in place a comprehensive surveillance sharing
agreement.
    (4) The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions.
    (5) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Act.\22\
---------------------------------------------------------------------------

    \22\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) The Fund's holdings will conform to the permissible
investments as set forth in the Application and Exemptive Order and
the holdings will be consistent with all requirements set forth in
the Application and Exemptive Order. The Fund's investments,
including derivatives, will be consistent with its investment
objective and will not be used to enhance leverage (although certain
derivatives and other investments may result in leverage). The
Fund's investments will include common stocks listed on a foreign
exchange that trade on such exchange contemporaneously with the
Shares and exchange-traded futures that are traded on a U.S. futures
exchange contemporaneously with the Shares.
    (7) With respect to Active Proxy Portfolio Shares, all of the
Exchange member obligations relating to product description and
prospectus delivery requirements will continue to apply in
accordance with Exchange rules and federal securities laws, and the
Exchange and FINRA will continue to monitor Exchange members for
compliance with such requirements.

    The Exchange also represents that all statements and
representations made in the filing regarding: (1) The description of
the portfolios or reference assets; (2) limitations on portfolio
holdings or reference assets; or (3) the applicability of Exchange
listing rules specified in the filing constitute continued listing
requirements for listing the Shares on the Exchange. In addition, the
Exchange represents that the Exchange will obtain a representation from
the Adviser, prior to commencement of trading in the Shares, that the
Adviser will advise the Exchange of any failure by the Fund to comply
with the continued listing requirements and, pursuant to its
obligations under Section 19(g)(1) of the Act, the Exchange will
monitor \23\ for compliance with the continued listing requirements. If
the Fund is not in compliance with the applicable listing requirements,
the Exchange will

commence delisting procedures under NYSE Arca Rule 5.5-E(m).
---------------------------------------------------------------------------

    \23\ The Commission notes that certain proposals for the listing
and trading of exchange-traded products include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
77499 (April 1, 2016), 81 FR 20428, 20432 (April 7, 2016) (SR-BATS-
2016-04). In the context of this representation, it is the
Commission's view that ``monitor'' and ``surveil'' both mean ongoing
oversight of compliance with the continued listing requirements.
Therefore, the Commission does not view ``monitor'' as a more or
less stringent obligation than ``surveil'' with respect to the
continued listing requirements.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendments No. 2, is consistent with
Section 6(b)(5) of the Act \24\ and Section 11A(a)(1)(C)(iii) of the
Act \25\ and the rules and regulations thereunder applicable to a
national securities exchange.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b)(5).
    \25\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\26\ that the proposed rule change (SR-NYSEArca-2020-104), as modified
by Amendment No. 2, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \26\ Id.
    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05029 Filed 3-10-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17552-17553]
[FR Doc No: 2018-08334]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0056; FRL-9975-05-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Shipbuilding and Ship Repair
Facilities--Surface Coating (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR)--NESHAP for Shipbuilding and Ship
Repair Facilities--Surface Coating, EPA ICR Number 1712.10, OMB Control
Number 2060-0330, to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through April 30, 2018. Public comments were requested previously, via
the Federal Register, on June 29, 2017 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may neither conduct nor
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before May 21, 2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0056, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to [email protected]. Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online
either at www.regulations.gov or in person at the EPA Docket Center,
WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Shipbuilding and Ship Repair Facilities--
Surface Coating were amended on November 21, 2011 to finalize the
residual risk and technology review by re-adopting existing MACT
standards, eliminated the startup, shutdown, and malfunction (SSM)
exemption, removed SSM plan requirement, and revised SSM-associated
recordkeeping and reporting requirements for periods of malfunctions.
The shipbuilding and ship repair industry consists of establishments
that build, repair, repaint, convert and alter ships which are marine
or fresh-water vessels used for military or commercial operations.
These regulations apply to only the shipbuilding and repair surface
coating operations that occur at facilities that are major sources of
hazardous air pollutants (HAPs). New facilities include those that
commenced construction or reconstruction after the date of proposal. In
general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NESHAP. This information is being
collected to assure compliance with 40 CFR part 63, subpart II.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of shipbuilding
and ship repair facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart II).

    Estimated number of respondents: 56 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 28,700 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $3,010,000 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 106 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This adjustment in the burden occurred because this
ICR assumes all existing respondents will have to familiarize with the
regulatory requirements each year.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-08334 Filed 4-19-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Page 38305]
[FR Doc No: 2011-16115]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG 2011-0402]

Safety Zone; San Francisco Chronicle Fireworks Display, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zones for the annual
San Francisco Chronicle Fireworks Display (Independence Day Celebration
for the City of San Francisco Fireworks). This action is necessary to
control vessel traffic and to ensure the safety of event participants
and spectators. During the enforcement period, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone, unless authorized by the Patrol Commander
(PATCOM).

DATES: The regulations in 33 CFR 165.1191 will be enforced for Location
1 from 9 a.m. on July 3, 2011 through 10 p.m. on July 4, 2011; and for
Location 2 from 9 p.m. to 10 p.m. on July 4, 2011.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Lieutenant Junior Grade Liezl Nicholas, U.S. Coast
Guard, Waterways Safety Division; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the
Independence Day Celebration for the City of San Francisco Fireworks
safety zone for Location 1 from 9 a.m. on July 3, 2011 through 10 p.m.
on July 4, 2011; and for Location 2 from 9 p.m. to 10 p.m. on July 4,
2011. The fireworks will be fired simultaneously from two separate
locations: Location 1 will be held 1,000 feet from Pier 39 in position
37[deg] 48.710' N and 122[deg] 24.464' W (NAD83) and Location 2 will be
fired from the Municipal Pier in Aquatic Park in position 37[deg]
48.611' N and 122[deg] 25.532' W (NAD83) on July 4, 2011.
    For Location 1, during the loading of the fireworks barge, while
the barge is being towed to the display location, and until the start
of the fireworks display, the safety zone applies to the navigable
waters around and under the fireworks barge within a radius of 100
feet. During the twenty-five minute fireworks display, the area to
which this safety zone applies to will increase in size to encompass
the navigable waters around and under the fireworks barge within a
radius of 1,000 feet. Loading of the pyrotechnics onto the fireworks
barge is scheduled to commence at 9 a.m. on July 3, 2011, and will take
place at Pier 50 in San Francisco. Towing of the barge from Pier 50 to
the display location is scheduled to take place on July 4, 2011 at 8
p.m. During the fireworks display, scheduled to start at approximately
9:30 p.m., the fireworks barge will be located 1,000 feet off of Pier
39 in approximate position 37[deg] 48.710' N, 122[deg] 24.464' W (NAD
83).
    For Location 2, the fireworks will be launched from the Municipal
Pier in approximate position 37[deg] 48.611' N, 122[deg] 25.532' W (NAD
83). The safety zone will apply to the navigable waters around and
under the fireworks site within a radius of 1,000 feet. The fireworks
display is scheduled to launch at 9:30 p.m. and will last approximately
twenty-five minutes. This safety zone will be enforced from 9 p.m. to
10 p.m. on July 4, 2011.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order of direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of this enforcement period via the Local Notice to
Mariners. If the Captain of the Port determines that the regulated area
need not be enforced for the full duration stated in this notice, he or
she may use a Broadcast Notice to Mariners to grant general permission
to enter the regulated area.

    Dated: June 16, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-16115 Filed 6-29-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Proposed Rules]
[Pages 35370-35371]
[FR Doc No: 2011-15114]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0402; Airspace Docket No. 11-ASO-18]

Proposed Establishment of Class E Airspace; Copperhill, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E Airspace at
Copperhill, TN, to accommodate new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedures at
Martin Campbell Field Airport. This action would enhance the safety and
airspace management of Instrument Flight Rules (IFR) operations at the
airport.

DATES: Comments must be received on or before August 1, 2011.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2011-0402; Airspace Docket No. 11-ASO-18, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2011-0402; Airspace Docket No. 11-ASO-18) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Annotators wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2011-0402; Airspace Docket No. 11-ASO-18.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at
Copperhill, TN, providing the controlled airspace required to support
the new RNAV GPS standard instrument approach procedures for Martin
Campbell Field Airport. Controlled airspace extending upward from 700
feet above the surface would be established for the safety and
management of IFR operations at the airport.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9U, dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed 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. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    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 proposed 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 proposed regulation is within the scope
of that authority as it would establish Class E airspace at Martin
Campbell Field Airport, Copperhill, TN.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, effective September 15, 2010,
is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASO TN E5 Copperhill, TN [New]

Martin Campbell Field Airport
    (Lat. 35[deg]0'57'' N., long. 84[deg]20'49'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.1-mile radius of Martin Campbell Field Airport.

    Issued in College Park, Georgia, on June 1, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-15114 Filed 6-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Rules and Regulations]
[Page 31288-31290]
[DOCID:fr03jn10-8]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0705; A-1-FRL-9157-4]

Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is determining that the Providence (All of Rhode
Island) moderate 8-hour ozone nonattainment area has attained the 1997
8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This
determination is based upon complete, quality-assured and certified
ambient air monitoring data that show the area has monitored attainment
of the 8-hour ozone NAAQS for the 2006-2008 monitoring period. In
addition, quality-assured and certified ozone data for 2009, show that
this area continues to attain the 1997 8-hour ozone NAAQS. This
determination results in the suspension of the requirements for Rhode
Island to submit an attainment demonstration, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans for this area related to attainment of the 8-hour
ozone NAAQS. These requirements shall remain suspended for so long as
the area continues to attain the ozone NAAQS.

DATES: Effective Date: This rule is effective on July 6, 2010.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0705. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

    I. What action is EPA taking?
    II. What is the effect of this action?
    III. Final Action
    IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is determining that the Providence (All of Rhode Island)
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour
National Ambient Air Quality Standard (NAAQS) for ozone. This
determination is based upon complete, quality-assured and certified
ambient air monitoring data that show the area has monitored attainment
of the 1997 ozone NAAQS for the 2006-2008 monitoring period. In
addition, quality-assured and certified ozone data for 2009, show that
this area continues to attain the 1997 8-hour ozone NAAQS.
    Other specific details related to the determination and the
rationale for EPA's action are explained in the Notice of Proposed
Rulemaking (NPR) published on February 25, 2010 (75 FR 8571) and will
not be restated here. No public comments were received on the NPR.

II. What is the effect of this action?

    Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), this determination suspends the requirements for the
Providence (All of Rhode Island) moderate ozone nonattainment area to
submit an attainment demonstration, a reasonable further progress plan,
section 172(c)(9) contingency measures, and any other planning State
Implementation Plans (SIPs) related to attainment of the 1997 8-hour
ozone NAAQS for so long as the area continues to attain the 1997 ozone
NAAQS.
    For the Rhode Island area, EPA started a Federal Implementation
Plan clock on March 24, 2008 (73 FR 15416) for failure to submit an
ozone attainment demonstration and Reasonable Further Progress (RFP)
SIPs. This action stays the Federal Implementation Plan clock started
on March 24, 2008, for both the attainment demonstration and the RFP
SIP. If the area subsequently violates the 1997 8-hour standard before
it is redesignated to attainment, the Federal Implementation Plan clock
would restart for Rhode Island for these SIPs. It should be noted that
the Rhode Island Department of Environmental Management did submit an
ozone attainment demonstration and Reasonable Further Progress SIP on
April 30, 2008. EPA has not taken action on these SIPs.
    This action does not constitute a redesignation to attainment under
CAA section 107(d)(3), because the area does not have an approved
maintenance plan as required under section 175A of the CAA, nor a
determination that the area has met the other requirements for
redesignation. The classification and designation status of the area
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until
such time as EPA determines that it meets the CAA requirements for
redesignation to attainment. If EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 1997 8-hour ozone standard, the basis for the
suspension of these requirements would no longer exist, and the area
would thereafter have to address the pertinent requirements.

III. Final Action

    EPA is determining that the Providence (All of Rhode Island) 8-hour
ozone nonattainment area has attained the 1997 8-hour ozone standard
based on complete, quality-assured and certified ozone monitoring data
through 2008, and quality-assured and certified, ozone data for 2009
that indicate continued attainment. As provided in 40 CFR 51.918, this
determination suspends the requirements for Rhode Island to submit an
attainment demonstration, a reasonable further progress plan, and
contingency measures under section 172(c)(9), and any other planning
SIP related to attainment of the 1997 8-hour ozone NAAQS for this area,
for so long as the area continues to attain the standard.

IV. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air
quality, and results in the suspension of certain Federal requirements,
and would not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as

appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this action does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 2, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 20, 2010.
Ira W. Leighton,
Acting, Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart OO--Rhode Island

0
2. Section 52.2088 is amended by adding paragraph (c) to read as
follows:

Sec.  52.2088  Control strategy: Ozone.

* * * * *
    (c) Determination of Attainment. Effective July 6, 2010, EPA is
determining that the Providence (All of Rhode Island) 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard. Under
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918),
this determination suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 1997 8-hour ozone
standard. If a violation of the 1997 ozone NAAQS is monitored in the
Providence (All of Rhode Island) 8-hour ozone nonattainment area, this
determination shall no longer apply.

[FR Doc. 2010-13211 Filed 6-2-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8251-8252]
[FR Doc No: 2019-04156]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2018-1080; Airspace Docket No. 18-AGL-26]
RIN 2120-AA66

Amendment of Restricted Areas R-5502A and R-5502B; Lacarne, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment; correction.

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

SUMMARY: This action corrects a final rule technical amendment
published in the Federal Register of February 12, 2019, that amends the
using agency for restricted areas R-5502A and R-5502B, amends the
controlling agency information for R-5502A, and adds exclusion language
to the R-5502B boundaries information. This action corrects a
typographical error listed in the effective date of that rule.

DATES: Effective date: 0901 UTC April 25, 2019.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule; technical amendment in the Federal
Register (84 FR 3299; February 12, 2019) for Docket No. FAA-2018-1080
amending restricted areas R-5502A and R-5502B; Lacarne, OH. Subsequent
to publication, the FAA identified a typographical error for the date
listed in the effective date; the correct effective date is April 25,
2019. This action corrects that error.

Correction to Final Rule; Technical Amendment

    Accordingly, pursuant to the authority delegated to me, Amendment
of Restricted Areas R-5502A and R-5502B; Lacarne, OH, published in the
Federal Register of February 12, 2019 (84 FR 3299), FR Doc. 2019-02065,
is corrected as follows:
    On page 3300, column 1, lines 4 and 5, remove the text ``April 24,
2019'' and add in its place ``April 25, 2019.''

    Issued in Washington, DC, on February 28, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-04156 Filed 3-6-19; 8:45 am]
 BILLING CODE 4910-13-P