[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5225-5227]
[FR Doc No: 2011-1860]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63758; File No. SR-ISE-2011-05]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to the Purchase
of Equity Interests by International Securities Exchange Holdings, Inc.
in Ballista Holdings LLC

January 24, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on January 14, 2011, the International Securities
Exchange, LLC (the ``Exchange'' or ``ISE'') filed with the Securities
and Exchange Commission (``Commission'' or ``SEC'') the proposed rule
change as described in Items I and II below, which items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is submitting this proposed rule change (the
``Proposed Rule Change'') to the Commission to amend ISE Rule 312
(Limitation on Affiliation between the Exchange and Members) in
connection with the capital contribution by its parent company,
International Securities Exchange Holdings, Inc. (``ISE Holdings''), in
Ballista Holdings LLC (formerly Optifreeeze [sic] LLC), a Delaware
Limited Liability Company (``Ballista

Holdings''). The text of the proposed rule change is available on the
Exchange's Web site http://www.ise.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On June 5, 2009, ISE Holdings entered into a Membership Purchase
Agreement (``Purchase Agreement'') with Ballista Holdings. Pursuant to
the Purchase Agreement, ISE Holdings contributed cash to the capital of
Ballista Holdings in exchange for membership interests representing on
the date of such issuance 8.57% of the aggregate membership interests
in Ballista Holdings (``Purchased Interests''). ISE Holdings and its
subsidiaries and affiliates do not have any voting or other ``control''
arrangements with any of the other members of Ballista Holdings
relating to its investment in Ballista Holdings. The purchase by ISE
Holdings of the Purchased Interests was consummated on June 5, 2009
(the ``Transaction''). As a result of such purchase, ISE Holdings
became a member of Ballista Holdings pursuant to the Third Amended and
Restated Operating Agreement of Ballista Holdings dated June 5, 2009,
and has one representative on the Ballista Holdings Board of Directors.
Ballista Securities LLC (``Ballista Securities''), a wholly-owned
subsidiary of Ballista Holdings, is an electronic access member of the
Exchange.
    The Exchange, through ISE Holdings, maintains an ownership interest
in an ISE member, Ballista Securities, which, without Commission
approval, would be prohibited by ISE Rule 312.\3\ In 2009, recognizing
that the Commission has previously expressed concern regarding (1) the
potential for conflicts of interest in instances where an exchange is
affiliated with one of its members, and (2) the potential for
informational advantages that could place an affiliated member of an
exchange at a competitive advantage vis-[agrave]-vis the other non-
affiliated members, the ISE submitted a proposed rule change to amend
ISE Rule 312 to permit the proposed affiliation subject to several
limitations and obligations. Specifically, the limitations and
obligations of ISE Rule 312 provide that for so long as (i) ISE
Holdings maintains an ownership interest in Ballista Securities; and
(ii) Ballista Securities remains a member of the Exchange: (1)
Financial Industry Regulatory Authority (``FINRA''), a self-regulatory
organization unaffiliated with the Exchange or any of its affiliates,
will carry out oversight and enforcement responsibilities as the
designated examining authority designated by the Commission pursuant to
Rule 17d-1 of the Exchange Act with the responsibility for examining
Ballista Securities for compliance with applicable financial
responsibility rules; (2) the Exchange shall (a) enter into a plan
pursuant to Rule 17d-2 under the Exchange Act with a non-affiliated
self-regulatory organization (``SRO'') to relieve the Exchange of
regulatory responsibilities for Ballista Securities with respect to
rules that are common rules between the Exchange and the SRO, and (b)
enter into a regulatory services contract with a non-affiliated SRO to
perform certain regulatory responsibilities for Ballista Securities for
unique Exchange rules; \4\ (3) the regulatory services contract shall
require the Exchange to provide the non-affiliated SRO with
information, in an easily accessible manner, regarding all exception
reports, alerts, complaints, trading errors, cancellations,
investigations, and enforcement matters (collectively, ``Exceptions'')
in which Ballista Securities is identified as a participant that has
potentially violated Exchange or SEC rules, and shall require that the
nonaffiliated SRO provide a report to the Exchange quantifying
Exceptions on not less than a quarterly basis; (4) the Exchange shall
establish and maintain procedures and internal controls reasonably
designed to ensure that Ballista Securities and its affiliates do not
have access to nonpublic information obtained as a result of ISE
Holdings' ownership interest in Ballista Securities, until such
information is available generally to similarly situated members of the
Exchange; and (5) the ownership interest of ISE Holdings, Inc. in
Ballista Securities is subject to the conditions set forth above and is
granted on a temporary basis, for not longer than one year from the
date of Commission approval of the filing.
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    \3\ In relevant part, ISE Rule 312 provides that, without prior
SEC approval, the Exchange, or any entity with which the Exchange is
affiliated shall not, directly or indirectly, acquire or maintain an
ownership interest in a member or non-member owner. In addition, ISE
Rule 312 provides that nothing in that rule shall prohibit a member
or non- member owner from being or becoming an affiliate of the
Exchange, or an affiliate of an affiliate of the Exchange solely by
reason of any officer, director or partner of such member becoming
an Exchange Director (as defined in the Amended and Restated
Constitution of the ISE).
    \4\ The non-affiliated SRO will perform certain regulatory
responsibilities for Ballista Securities other than market
surveillance, including, but not limited to, investigative and
disciplinary services.
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    On September 1, 2009, the Commission approved the amendments to ISE
Rule 312 (Limitation on Affiliation between the Exchange and Members)
to reflect ISE Holdings' ownership interest in Ballista Securities and
to set forth such limitations and obligations relating to the
relationship, and an exemption from ISE Rule 312 of the Exchange with
respect to the investment by ISE Holdings in Ballista Holdings for a
one (1) year pilot period which ended on September 1, 2010.\5\ The
Exchange now proposes that there be an exemption from Rule 312 of the
Exchange with respect to the investment by ISE Holdings in Ballista
Holdings for a second one (1) year pilot period subject to the same
limitations and obligations as were previously approved by the
Commission, and to make certain technical changes to Rule 312 to
reflect that the 17d-2 Plan \6\ and the Regulatory Services Agreement
with a non-affiliated self-regulatory organization are currently in
place, and also to reflect that the Exchange has established and
maintains procedures and internal controls reasonably designed to
ensure that Ballista Securities and its affiliates do not have access
to nonpublic information obtained as a result of ISE Holdings'
ownership interest in Ballista Securities, until such information is
available generally to similarly situated members of the Exchange.
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    \5\ See Securities and Exchange Act Release No. 34-60598
(September 1, 2009), 74 FR 38068 (July 30, 2009) [sic] (SR-ISE-2009-
45).
    \6\ See Securities and Exchange Act Release No. 34-61853 (April
6, 2010), 75 FR 18925 (April 13, 2010).
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    In addition, the Exchange notes that ISE Holdings continues to own
less than 9% of the equity in Ballista Holdings and therefore does not
own a controlling interest or otherwise have any veto or other special
voting rights with respect to the management or operation of Ballista
Holdings. The Exchange acknowledges that if the Exchange or

any of its affiliates were to directly or indirectly increase the
equity ownership of Ballista Holdings, such increase would require
prior Commission approval. The Exchange believes that the foregoing
measures and factors minimize the concerns identified by the Commission
regarding potential conflicts of interest.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Exchange Act,\7\ in general,
and with Sections 6(b)(1) and (b)(5) of the Exchange Act,\8\ in
particular, in that the proposal enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply with and enforce compliance by
members and persons associated with members with provisions of the
Exchange Act, the rules and regulations thereunder, and SRO rules, and
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
In particular, this rule change will provide for a second one (1) year
pilot program designed to prevent any potential regulatory issues that
could arise with ISE Holdings' investment in Ballista Holdings.\9\
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(3), (5).
    \9\ See e-mail from Tracy Tang, Assistant General Counsel, ISE,
to Michael Gaw, Assistant Director, Division of Trading and Markets,
Commission, dated January 20, 2011 (correcting text of the Statutory
Basis at the Exchange's request).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members, participants or others.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2011-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2011-05. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-ISE-2011-05 and should be
submitted on or before February 18, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1860 Filed 1-27-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61593]
[FR Doc No: 2012-24908]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-10-000]

North American Natural Resources, Inc. Complainant v. PJM
Interconnection, L.L.C, American Electric Power Service Corporation,
Indiana Michigan Power Company, Respondents; Notice of Complaint

    Take notice that on October 2, 2012, pursuant to section 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206 and sections 206 of the Federal Power Act
(FPA), 16 U.S.C. 824(e), North American Natural Resource, Inc. (NSANR)
filed a formal complaint against PJM Interconnection, L.L.C, (PJM),
American Electric Power Service Corporation (AEP), and AEP's wholly
owned subsidiary Indiana Michigan Power Company (I & M) alleging, that
contrary to sections 1.7A.02, 1.3A, 1.17A, 1.26, 212.4, 217.3, 205, 206
and 217 of PJM's Open Access Transmission Tariff (OATT), the
Interconnection Construction Service Agreement (ICSA) between AEP and
NANR, the Interconnection Service Agreement (ISA) between AEP and NANR,
the Commission's Order No. 2003 \1\ and other applicable FERC
decisions, and the FPA, AEP and PJM have refused to properly categorize
$2,269,012 of the interconnection costs as Network Upgrades and
allocate those costs to AEP and its customers, failed to update AEP's
Regional Transmission System Expansion (RTEP) and wrongfully foisted
the costs of the Network Upgrades onto NANR by mischaracterizing them
as Attachment Facilities, and wrongfully utilized the interconnection
of Project T-111 as a means of upgrading its inadequate 69 kV line,
which had previously not included adequate re-closing or breaker
failure protection, and replacing obsolete relays and other equipment.
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    \1\ Standardization of Generator Interconnection Agreements and
Procedure, Order No. 2003, 104 FERC ] 61,103 (2003).
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    NANR certifies that copies of the complaint were served on the
contacts for PJM, AEP, and I & M as listed on the Commission's list of
Corporate Officials.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 p.m. Eastern Time on October 22, 2012.

    Dated: October 3, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24908 Filed 10-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Proposed Rules]
[Page 30746-30747]
[DOCID:fr02jn10-18]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0445 Airspace Docket No. 10-AAL-13]

Proposed Revocation and Establishment of Class E Airspace;
Northeast, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke and establish Class E airspace
in Northeast Alaska. The recent removal of a Colored Federal Airway
near Kaktovik, AK, duplication of controlled airspace near Mentasta
Lake, AK, and the establishment of one Special Area Navigation Standard
Instrument Approach Procedure (SIAP) at Eagle Airport, AK, have made
these actions necessary to enhance safety and management of Instrument
Flight Rules (IFR) operations.

DATES: Comments must be received on or before July 19, 2010.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2010-0445/Airspace Docket
No. 10-AAL-13 at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking 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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-0445/
Airspace Docket No. 10-AAL-13.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or 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
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. 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 through the
Internet at 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 Federal
Docket Management System Office (see 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 Alaska Flight Services Information
Area Group. Persons interested in being placed on a mailing list for
future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-
9677, to request a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.

The Proposal

    This action proposes to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 by revoking and establishing Class E airspace in
Northeast Alaska, to accommodate a removed Colored Federal Airway
(G16), duplication of controlled airspace near Mentasta Lake, AK, and
the establishment of a new Special SIAP at Eagle Airport, AK. The new
Class E airspace would provide adequate controlled airspace upward from
1,200 feet above the surface, to allow commercial air operations
through what is now uncontrolled airspace above 1,200 feet. Air
carriers providing service to Eagle, AK, must currently operate under
Visual Flight Rules (VFR). With the establishment of an instrument
approach at Eagle Airport, the uncontrolled airspace primarily
extending to the west from the Eagle Airport, must be converted into
controlled airspace. In the case of Eagle's instrument approach, the
necessary controlled airspace will not extend far enough westward to
connect with controlled airspace to the west. The required airspace
designation is classified as E6 Enroute Domestic Airspace and is
provided for the safety and management of IFR operations access at
Eagle Airport. Additionally, with the evolution and expansion of
controlled airspace serving the airports of Tok Junction, Northway and
Gulkana AK, the Mentasta Lake/Mountains Area Class E6 Enroute Airspace
is no longer necessary.
    The Class E airspace areas designated as 700/1200 foot transition
areas are published in paragraph 6006 in FAA Order 7400.9T, Airspace
Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be subsequently published 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. Because this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule, when promulgated, will 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 1, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart 1, section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to revoke Class E airspace in Northeast Alaska, and
establish Class E airspace to allow access at Eagle Airport, Eagle, AK,
and represents the FAA's continuing effort to safely and efficiently
use the navigable airspace.

List 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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING
POINTS

    1. The authority citation for 14 CFR 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 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is to be amended as follows:
* * * * *

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AAL AK E6 Northeast, AK [New]

That airspace extending upward from 1,200 feet above the surface
within an area beginning at lat. 63[deg]55'00'' N. long.
141[deg]00'00'' W., then westward along a line of latitude to
63[deg]55'00'' N. long 144[deg]00'00'' W., to 65[deg]30'00'' N. long
144[deg]00'00'' W., then eastward along a line of latitude to
65[deg]30'00'' N. 144[deg]00'00'' W., to the point of beginning.
* * * * *

AAL AK E6 Barter Island, AK [Removed]

* * * * *

AAL AK E6 Mentasta Lake/Mountains Area, AK [Removed]

    Issued in Anchorage, AK, on May 7, 2010.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-13138 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Notices]
[Pages 50163-50164]
[FR Doc No: 2022-17499]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before September 14, 2022.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-13, 1200 New
Jersey Avenue Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 9, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                Applicant           Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
21407-N.....................  Toyota Motor Corporation.  173.185(a)(1)...........  To authorize the
                                                                                transportation in commerce
                                                                                of prototype lithium
                                                                                batteries via cargo-only
                                                                                aircraft. (mode 4).
21408-N.....................  GFS Chemicals, Inc.......  173.158(f)(3)...........  To authorize the
                                                                                transportation in commerce
                                                                                of UN 4G specification
                                                                                packagings for the transport
                                                                                of nitric acid where the
                                                                                primary receptacles are not
                                                                                individually overpacked in
                                                                                tightly closed metal
                                                                                packagings. (modes 1, 3).
21409-N.....................  Evonik Corporation.......  172.407(c)(1)...........  To authorize the
                                                                                transportation in commerce
                                                                                of certain oxidizers where
                                                                                the labels are less than 100
                                                                                mm by 100mm. (modes 1, 3).
21411-N.....................  Thales Alenia Space......  172.101(j), 172.300,      To authorize he
                                                          173.301(f),               transportation in commerce
                                                          173.302a(a)(1),           of prototype and low
                                                          173.304a(a)(2),           production lithium ion
                                                          173.185(a)(1).            batteries and certain
                                                                                Division 2.2 liquefied and
                                                                                compressed gases in non-spec
                                                                                packaging (spacecraft).
                                                                                (modes 1, 3, 4).
21412-N.....................  Transport Logistics        173.420(a)(2),            To authorize the
                               International, Inc.        173.420(a)(3)(i),         transportation in commerce
                                                          173.163.                  of uranium hexafluoride in
                                                                                packagings not meeting the
                                                                                requirements of ANSI N14.1.
                                                                                (mode 1).
21413-N.....................  Western International Gas  171.12, 173.303(a),       To authorize the
                               & Cylinders, Inc.          180.205.                  transportation in commerce
                                                                                of acetylene contained in
                                                                                Transport Canada cylinders
                                                                                not authorized for transport
                                                                                within the United States,
                                                                                per 49 CFR 171.12. (mode 1).

21414-N.....................  Zero Motorcycles Inc.....  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4).
21415-N.....................  Thales Alenia Space......  ........................  To authorize the
                                                                                transportation in commerce
                                                                                of certain Division 2.2 and
                                                                                2.3 gases in non-DOT
                                                                                specification cylinders.
                                                                                (modes 1, 3, 4).
21416-N.....................  Paradoxical Holdings, LLC  171.2(k), 172.200,        To authorize the
                                                          172.300, 172.400,         transportation in commerce
                                                          172.500, 172.600,         of certain DOT 3AL, TC/3ALM
                                                          172.700(a).               and UN ISO 7866 cylinders
                                                                                that contain carbon dioxide,
                                                                                with alternative hazard
                                                                                communication. (modes 1, 2,
                                                                                3).
21417-N.....................  Sodastream USA, Inc......  178.70(e)...............  To authorize the manufacture,
                                                                                mark, sale, and use of UN
                                                                                specification cylinders for
                                                                                which an Independent
                                                                                Inspection Agency has not
                                                                                witnessed all tests and
                                                                                inspections. (modes 1, 2,
                                                                                3).
21418-N.....................  Kronebusch Industries LLC  178.33a-1...............  To authorize the
                                                                                transportation in commerce
                                                                                of fire extinguishers where
                                                                                the pressure receptacle does
                                                                                not conform to 49 CFR
                                                                                173.309. (modes 1, 2).
21419-N.....................  Space Exploration          172.300, 172.400,         To authorize the
                               Technologies Corp.         173.302a.                 transportation in commerce
                                                                                of spacecraft and spacecraft
                                                                                components containing non-
                                                                                DOT specification cylinder
                                                                                which are not marked and
                                                                                labeled in accordance with
                                                                                Part 172. (mode 3).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-17499 Filed 8-12-22; 8:45 am]
BILLING CODE 4909-60-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ Office of Enforcement and Compliance Assurance 2. OMB control number b. G None a. 2060 0420 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology ( 40 CFR Part 63, Subpart YY)

8. Agency form number( s) ( If applicable) EPA ICR Number 1871.03 9. Keywords Maximum Achievable Control Technology ( MACT) rule; hazardous air pollutant emission sources; polycarbonates ( PC) production; acrylic and modacrylic fibers ( AMF) production; acetal resins ( AR) production; hydrogen fluoride ( HF) production 10. Abstract On June 29, 1999, the Agency promulgated a " Generic Mact" rule initially addressing hazardous air pollutant ( HAP) emission sources in 4 categories: Polycarbonates ( PC) Production, Acrylic and Modacrylic Fibers ( AMF) Production, Acetal Resins ( AR) Production and Hydrogen Fluoride ( HF) Production. In general, all sources subject to NESHAP standards require initial notifications, performance tests, and periodic reports ( semiannual or according to the schedule for Title V).

11. Affected public ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 10 b. Total annual responses 30 1. Percentage of these responses collected electronically 0 % c. Total hours requested 4,077 d. Current OMB inventory 6,125 e. Difference ( 2,048) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 2,048) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 107 c. Total annualized cost requested $ 107 d. Current OMB inventory $ 1 e. Difference $ 106 f. Explanation of difference 1. Program change 0 2. Adjustment 106 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. Q Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Initial 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Maria Malave Phone: ( 202) 564 7027 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, EPAand the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forthEPAin the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of:

"( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95