[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Proposed Rules]
[Pages 12044-12047]
[FR Doc No: 2016-04932]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4220; Directorate Identifier 2015-NM-076-AD]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2011-24-
06, for all BAE Systems (Operations) Limited Model Avro 146-RJ series
airplanes. AD 2011-24-06 currently requires revising the maintenance
program to incorporate life limits for certain items, adding new and
more restrictive inspections to detect fatigue cracking in certain
structures, and adding fuel system critical design configuration
control limitations (CDCCLs) to prevent ignition sources in the fuel
tanks. AD 2011-24-06 also currently requires modifying the main
fittings of the main landing gear (MLG) and revising the maintenance
program to incorporate new life limits on MLG up-locks and door up-
locks and other MLG components. Since we issued AD 2011-24-06, we have
determined that new or revised structural inspection requirements are
necessary. This proposed AD would require revising the maintenance or
inspection program, as applicable, to incorporate new or revised
structural inspection requirements. We are proposing this AD to detect
and correct fatigue cracking of

certain structural elements, which could adversely affect the
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 22, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this NPRM, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
<EMAIL_ADDRESS>Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. 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-2016-
4220; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-4220;
Directorate Identifier 2015-NM-076-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On November 8, 2011, we issued AD 2011-24-06, Amendment 39-16870
(76 FR 73477, November 29, 2011) (``AD 2011-24-06''). AD 2011-24-06
requires actions intended to address an unsafe condition on all BAE
Systems (Operations) Limited Model Avro 146-RJ series airplanes.
    Since we issued 2011-24-06, Amendment 39-16870 (76 FR 73477,
November 29, 2011), we have determined that new or revised structural
inspection requirements are necessary.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0071, dated March 19, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all BAE Systems
(Operations) Limited Model Avro 146-RJ series airplanes. The MCAI
states:

The BAe 146/AVRO 146-RJ Aircraft Maintenance Manual (AMM) includes
the Chapters as listed in Appendix 1 of this [EASA] AD. Compliance
with these chapters has been identified as a mandatory action for
continued airworthiness and EASA AD 2012-0004 [http://ad.easa.europa.eu/blob/easa_ad_2012_0004_superseded.pdf/AD_2012-0004_1] was issued to require operators to comply with those
instructions.

    Since that [EASA] AD was issued, BAE Systems (Operations) Ltd
revised the AMM (Revision 107), introducing a new defined life limit
for the Fire Bottle Cartridge Firing Unit into Chapter 05-10-15.
Subsequently, Revision 108 of the AMM introduced in Chapter 05-20-00
inspection tasks for repairs applied to fatigue critical structures
and also introduced a new Chapter 05-20-07 to provide Structural
Repair Manual (SRM) references for these tasks, applicable to
repairs accomplished after the publication of AMM Revision 108.
Finally, AMM Revision 111 introduced safe life limitations into
Chapter 05-10-15 for rollers of main landing gear and door up-locks.

    Furthermore, Section 6 of the Maintenance Review Board Report
(MRBR) Document MRB 146-01, Issue 2, Revision 18 was published (as
referenced in Chapter 05-20-01 of the AMM) to correct discrepancies
in inspection tasks for a number of Structurally Important Items
(SIIs). Grace periods for these revised inspection tasks are
included in BAE Systems (Operations) Ltd Inspection Service Bulletin
(ISB) ISB.53-237.

    Failure to comply with the new and more restrictive tasks and
limitations referenced above could result in an unsafe condition.

    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2012-0004, which is superseded, and requires
implementation of the maintenance tasks and/or airworthiness
limitations as specified in the defined parts of Chapter 05 of the
AMM at Revision 112.

    The unsafe condition is fatigue cracking of certain structural
elements, which could adversely affect the structural integrity of the
airplane. You may examine the MCAI in the AD docket on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-4220.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and/or
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and/or CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k)(1) of this proposed AD. The request should include a description of
changes

to the required actions that will ensure the continued damage tolerance
of the affected structure.

Costs of Compliance

    We estimate that this proposed AD affects 2 airplanes of U.S.
registry.
    The actions required by AD 2011-24-06 and retained in this proposed
AD take about 3 work-hours per product, at an average labor rate of $85
per work-hour. Based on these figures, the estimated cost of the
actions that are required by AD 2011-24-06 is $255 per product.
    We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $170, or $85 per
product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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 removing Airworthiness Directive (AD)
2011-24-06, Amendment 39-16870 (76 FR 73477, November 29, 2011) (``AD
2011-24-06''), and adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2016-4220;
Directorate Identifier 2015-NM-076-AD.

(a) Comments Due Date

    We must receive comments by April 22, 2016.

(b) Affected ADs

    This AD replaces AD 2011-24-06, Amendment 39-16870 (76 FR 73477,
November 29, 2011) (``AD 2011-24-06'').

(c) Applicability

    This AD applies to BAE Systems (Operations) Limited Model Avro
146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any
category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic
Inspections.

(e) Reason

    This AD was prompted by a determination that new or revised
structural inspection requirements are necessary. We are issuing
this AD to detect and correct fatigue cracking of certain structural
elements, which could adversely affect the structural integrity of
the airplane.

(f) Compliance

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

(g) Retained Airworthiness Limitations Revisions of the Shock Absorber
Assemblies

    This paragraph restates the requirements of paragraph (j) of AD
2011-24-06, with no changes. Within 90 days after January 3, 2012
(the effective date of AD 2011-24-06), revise the maintenance
program, by incorporating Subject 05-10-15, ``Aircraft Equipment
Airworthiness Limitations'' of Chapter 05, ``Time Limits/Maintenance
Checks,'' of the BAE SYSTEMS (Operations) Limited BAe 146 Series/
Avro 146-RJ Series AMM, Revision 104, dated April 15, 2011, to
remove life limits on shock absorber assemblies, but not the
individual shock absorber components, amend life limits on main
landing gear (MLG) up-locks and door up-locks, and to introduce and
amend life limits on MLG components. Accomplishing the actions
required by paragraph (i) of this AD terminates the actions required
by this paragraph.

(h) Retained No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2011-24-06, with no changes. Except as specified in paragraph (i) of
this AD: After accomplishing the revision required by paragraph (g)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used, unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (k)(1) of this
AD.

(i) New Requirement of this AD: Revise Maintenance Program or
Inspection Program

    Within 90 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable to incorporate new
and revised limitations, tasks, thresholds, and intervals using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Accomplishing the actions
required by this paragraph terminates the actions required by
paragraph (g) of this AD.

    Note 1 to paragraph (i) of this AD: An additional source of
guidance for the actions specified in paragraph (i) of this AD can
be found in BAe 146/AVRO 146-RJ Airplane Maintenance Manual,
Revision 112, dated October 15, 2013.

    Note 2 to paragraph (i) of this AD: An additional source of
guidance for the actions specified in paragraph (i) of this AD can
be found in Corrosion Prevention Control Program (CPCP) Document No.
CPCP-146-01, Revision 4, dated September 15, 2010.

    Note 3 to paragraph (i) of this AD: An additional source of
guidance for the actions specified in paragraph (i) of this AD can
be found in Supplemental Structural Inspections Document (SSID)
Document No. SSID-146-01, Revision 2, dated August 15, 2012.

    Note 4 to paragraph (i) of this AD: An additional source of
guidance for the actions specified in paragraph (i) of this AD can
be found in Maintenance Review Board Report Document No. MRB 146-01,
Issue 2, Revision 19, dated August 2012.

    Note 5 to paragraph (i) of this AD: An additional source of
guidance for the actions specified in paragraph (i) of this AD can
be found in BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.53-237, Revision 1, dated April 2, 2013.

(j) New Requirement of This AD: No Alternative Actions, Intervals, and
CDCCLs

    After accomplishment of the revision required by paragraph (i) of
this AD, no alternative actions (e.g., inspections), intervals, and
CDCCLs may be used, unless the actions, intervals, and CDCCLs are
approved as an AMOC in accordance with the procedures specified in
paragraph (k)(1) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International Branch, send it to
ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
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.
The AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of this
AD, for any requirement in this AD to obtain corrective actions from a
manufacturer, the action must be accomplished using a method approved
by the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or BAE
Systems (Operations) Limited's EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0071, dated March 19, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-4220.
    (2) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
<EMAIL_ADDRESS>Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 29, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-04932 Filed 3-7-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Page 15232]
[FR Doc No: 2022-05584]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD22-4-000]

Improving Winter-Readiness of Generating Units; Supplemental
Notice of Technical Conference

    As announced in the Notice of Technical Conference issued in this
proceeding on November 18, 2021, the Federal Energy Regulatory
Commission (Commission) will convene a Joint Technical Conference with
the North American Electric Reliability Corporation (NERC) and the
Regional Entities in the above-referenced proceeding on Wednesday,
April 27 and Thursday, April 28, 2022 from approximately 11:00 a.m. to
5:00 p.m. Eastern time each day. The conference will be held virtually
via WebEx.
    The purpose of this conference is to discuss how to improve the
winter-readiness of generating units, including best practices, lessons
learned and increased use of the NERC Guidelines, as recommended in the
Joint February 2021 Cold Weather Outages Report.\1\
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    \1\ See The February 2021 Cold Weather Outages in Texas and the
South Central United States--FERC, NERC and Regional Entity Staff
Report at pp. 18, 192 (November 16, 2021), https://www.ferc.gov/news-events/news/final-report-february-2021-freeze-underscores-winterization-recommendations.
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    The conference will be open for the public to attend
electronically. Registration for the conference is not required and
there is no fee for attendance. To join the conference, go to the web
Calendar of Events for this event on FERC's website, www.ferc.gov. The
link for the event will be posted at the top of the calendar page and
will ``go live'' just prior to the conference start time. The
conference will also be transcribed. Transcripts will be available for
a fee from Ace Reporting,<PHONE_NUMBER>.
    Those who wish to nominate their names for consideration as a panel
participant should submit their name, title, company, (or organization
they are representing), telephone, email, a one-paragraph biography,
picture, and topic they wish to address, to
[email protected] by close of business on Friday, March 25,
2022.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected], call toll-free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact Lodie White at [email protected] or<PHONE_NUMBER>. For
information related to logistics, please contact Sarah McKinley at
[email protected] or<PHONE_NUMBER>.

    Dated: March 10, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-05584 Filed 3-16-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 11, 2007 (Volume 72, Number 69)]
[Proposed Rules]
[Page 18191-18192]
[DOCID:fr11ap07-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 156, 167, 168, 169, 172, and 174

[EPA-HQ-OPP-2006-1003; FRL-8119-5]

Plant-Incorporated Protectants; Potential Revisions to Current
Production Regulations; Notice of Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance Notice of Proposed Rulemaking (ANPRM); Announcement of
Public Meetings.

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SUMMARY: EPA is announcing two public meetings to be held during the
comment period of the ANPRM, entitled Plant-Incorporated Protectants;
Potential Revisions to Current Production Regulations. The ANPRM
announces EPA's intention to develop and propose amendments to existing
regulations affecting producers of plant-incorporated protectants
(PIPs), a type of pesticide. The Agency is considering amendments to
the existing regulations, which were written primarily for producers of
``traditional'' pesticides, because PIPs are unlike other types of
pesticides currently regulated under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). Given that PIPs are part of a
living organism, they can be replicated and potentially produced
anywhere a plant containing the PIP grows. The purpose of the public
meetings is to further communicate the regulatory issues described in
the ANPRM, and to provide an opportunity for a public dialogue and
exchange of information on these and related issues. The meetings will
be organized around the questions and issue posed in the ANPRM.

DATES: Meetings: The Chicago, IL meeting will be held on May 2, 2007,
from noon to 4:30 p.m., CDT. The Arlington, VA meeting will be held on
May 22, 2007, from noon to 4:30 p.m., EDT.
    Participation: To make oral comment and/or a presentation at these
meetings, submit a request to the person listed under FOR FURTHER
INFORMATION CONTACT no later than 10 days before the meeting that you
plan to attend. See also Unit III.A. of the SUPPLEMENTARY INFORMATION.
    Special accommodations: For information on access or services for
individuals with disabilities, and to request accommodation of a
disability, please contact the person listed under FOR FURTHER
INFORMATION CONTACT, preferably at least 10 days prior to the meeting,
to give EPA as much time as possible to process your request.

ADDRESSES: The meetings will be held in Rm. 331, EPA Region 5, Ralph
Metcalfe Federal Bldg., 77 West Jackson Blvd., Chicago, IL 60604 and in
Rm. S-4370, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Stephen J. Howie, Office of Science
Coordination and Policy, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-4146; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to you if you manufacture, import, process, or
use PIPs. In order to identify potentially impacted industries the
analysis relies on North American Industrial Classification System
(NAICS) codes. Potentially affected entities may include, but are not
limited to:
     Pesticide and Other Agricultural Chemical Manufacturing
(NAICS code 325320). This industry comprises establishments that are
producing PIPs intended for distribution and sale as pesticides.
     Crop Production (NAICS code 111). These are establishments
such as farms, orchards, groves, greenhouses, and nurseries, primarily
engaged in growing crops, plants, vines, or trees and their seeds.
     Colleges, Universities, and Professional Schools (NAICS
code 611310). This industry comprises establishments primarily engaged
in furnishing academic courses and granting degrees at baccalaureate or
graduate levels. Furthermore, they may comprise establishments where
research on PIPs occurs and where PIPs may be grown.
     Research and Development in the Physical, Engineering, and
Life Sciences (NAICS code 54171). This industry comprises
establishments primarily engaged in conducting research and
experimental development in the physical, engineering, or life
sciences, such as agriculture, environmental, biology, botany,
biotechnology, forests, and other allied subjects.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for the ANPRM under docket
identification (ID) number EPA-HQ-OPP-2006-1003. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the

Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
or the ANPRM electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. Background

    The ANPRM, entitled Plant-Incorporated Protectants; Potential
Revisions to Current Production Regulations published in the Federal
Register of April 4, 2007 (72 FR 16312) (FRL-8118-2) provides the basis
for the public meetings described in this document and contains the
background information describing the nature of the issue and the areas
where EPA is considering amending regulations. That document is
available in the docket established for this action as described in
Unit I.B.
    Submit public comments on the ANPRM published in the Federal
Register of April 4, 2007 (72 FR 16312) (FRL-8118-2) to regulations.gov
using the methods listed under ADDRESSES in that document. If the oral
comments are different from previously submitted comments on the ANPRM,
please also submit a copy of the comments that will be presented at the
meeting to the docket using the submission methods under ADDRESSES in
the ANPRM.

III. How Can I Participate in these Meetings?

A. Oral Comments and/or Presentations

    The Agency encourages each individual or group wishing to make oral
comment and/or a presentation to submit the request to the person
listed under FOR FURTHER INFORMATION CONTACT no later than 10 days
before the meeting that the person wishes to attend, in order to be
included on the meeting agenda. Requests to present oral comments and/
or presentations will be accepted until the date of the meeting and, to
the extent that time permits the presentation of oral comments and/or
presentations at the meeting by interested persons who have not
previously submitted a request will be allowed. The request should
identify the name of the individual making the presentation, the
organization (if any) the individual will represent, and any
requirements for audiovisual equipment (e.g., overhead projector, 35 mm
projector, chalkboard). Oral comments and/or presentations will be
limited to approximately 5 minutes unless prior arrangements have been
made.

B. Seating

    Seating at the meetings will be on a first-come basis.

List of Subjects in 40 CFR Parts 152, 156, 167, 168, 169, 172, and
174

    Environmental protection, Pesticides and pests, Plant-incorporated
protectants (PIPs), Reporting and recordkeeping requirements.

    Dated: March 30, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. E7-6621 Filed 4-10-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Notices]
[Page 78190-78192]
[DOCID:fr28de06-69]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8263-2]

California State Motor Vehicle Pollution Control Standards;
Notice of Within-the-Scope Determination for Amendments To California's
Zero-Emission Vehicle (ZEV) Standards and Notice of Waiver of Federal
Preemption Decision for Other ZEV standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice Regarding Confirmation of Within-the-Scope Finding and
Waiver of Federal Preemption for Amendments to California's Emission
Regulations for Zero Emission Vehicles.

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SUMMARY: By this decision, issued under section 209(b) of the Clean Air
Act, as amended, (hereafter ``Act''), 42 U.S.C. 7543(b), the
Environmental Protection Agency (EPA) today has determined that
provisions of the California Air Resources Board`s (CARB's) 1999-2003
amendments to the California Zero-Emission Vehicle (ZEV) regulations as
they affect 2006 and prior model years (MYs) are within-the-scope of
previous waivers of federal preemption granted to California for its
ZEV regulations. In the alternative, EPA is also granting a waiver of
federal preemption for these MYs. EPA is also granting California(s
request for a waiver of federal preemption to enforce provisions of the
ZEV regulations as they affect 2007 through 2011 MYs. As explained
below, EPA is also making a finding that although we believe it
appropriate to grant a full waiver of federal preemption for the 2007
MY, we also believe it appropriate to consider the 2007 MY regulations
within-the-scope of previous waivers of federal preemption as they
apply to certain vehicles that were already subject to the preexisting
ZEV regulations, with the exception that requirements pertaining to
heavier light-duty trucks (LDT2s) are subject to a full waiver of
federal preemption. EPA, by this decision, is not making any findings
or determinations with regard to the 2012 and later model years under
CARB's ZEV regulations.

DATES: Any objections to the findings in this notice regarding EPA's
confirmation that CARB's ZEV amendments, as they affect the 2007 MY,
are within-the-scope of previous waivers must be filed January 29,
2007. Otherwise, at the end of the 30-day period, these findings will
become final. Upon receipt of any timely objection, EPA will consider
scheduling a public hearing to reconsider these finding in a subsequent
Federal Register Notice. Under section 307(b)(1) of the Act, judicial
review of this final action may be sought only in the United States
Court of Appeals for the District of Columbia Circuit. Petitions for
review must be filed February 26, 2007. Under section 307(b)(2) of the
Act, judicial review of this final action may not be obtained in
subsequent enforcement proceedings.

ADDRESSES: Any objections to the within-the-scope findings in this
notice, applicable to the 2007 MY, should be filed with David Dickinson
at the

address noted below. The Agency's Decision Document, containing an
explanation of the Assistant Administrator's decision, as well as all
documents relied upon in making that decision, including those
submitted to EPA by CARB, are available at EPA's Air and Radiation
Docket and Information Center (Air Docket). Materials relevant to this
decision are contained in Docket No. EPA-HQ-OAR-2004-0437. The docket
is located at The Air Docket, room B-108, 1301 Constitution Avenue,
NW., Washington, DC 20460, and may be viewed between 8 a.m. and 5:30
p.m., Monday through Friday. The telephone is<PHONE_NUMBER>. A
reasonable fee may be charged by EPA for copying docket material.
    Additionally, an electronic version of the public docket is
available through the Federal government's electronic public docket and
comment system. You may access EPA dockets at http://www.regulations.gov.

After opening the http://www.regulations.gov Web site, select ``Environmental

Protection Agency'' from the pull-down Agency list, then scroll to
``Keyword or ID'' and enter EPA-HQ-OAR-2004-0437 to view documents in
the record of this California request. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and
Innovative Strategies Division, U.S. Environmental Protection Agency,
Ariel Rios Building (6405J), 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Telephone:<PHONE_NUMBER>. E-Mail Address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: In this decision, EPA has determined that
the California Air Resources Board(s (CARB's) 1999-2003 amendments to
the California Zero-Emission Vehicle (ZEV) regulations as they affect
2006 and prior model years (MYs) are within-the-scope of previous
waivers of federal preemption granted to California for its ZEV
regulations pursuant to section 209(b) of the Act. In the alternative,
EPA is also granting a waiver of federal preemption for such MYs. EPA
is also granting California's request for a waiver of federal
preemption to enforce certain provisions of the ZEV regulations as they
affect 2007 through 2011 MY vehicles. Because the 2007 MY provisions
are similar to the provisions for previous model years (with the
exception of new requirements for LDT2s) EPA is also confirming that
such provisions are within-the-scope of previous waivers of federal
preemption.
    By letter dated September 23, 2004, CARB submitted a request
seeking confirmation that the amendments as they pertain to the 2003-
2006 model years are within-the-scope of previous waivers and seeking a
waiver of Federal preemption as the amendments pertain to the 2007 and
subsequent model years. The first set of amendments, the ``1999 ZEV
amendments,'' amended the existing requirement that at least 10 percent
of a manufacturer(s 2003 and subsequent MY passenger cars and lightest
light-duty trucks (the LDT1 category) delivered for sale in California
be ZEV vehicles with no emissions. The 1999 ZEV amendments added a new
option for meeting the 10 percent requirement, including up to 60
percent of the ZEV obligation of a large-volume manufacturer--and 100
percent of the obligations of an intermediate-volume manufacturer--that
could be met with allowances from partial ZEV allowance vehicles
(PZEVs). The ``2001 ZEV amendments'' maintained a core ZEV component
but reduced the numbers of vehicles required in the near-term and
broadened the scope of vehicle technologies allowed and provided a
variety of multipliers to earn credits for the early introduction of
ZEVs. The third set of amendments to the ZEV regulation, the ``2003 ZEV
amendments,'' delayed the start of the percentage of ZEV requirements
from MY 2003 to MY 2005, added the heavier light-duty trucks (LDT2s)
into a manufacturers fleet population count, established an alternative
compliance path for large-volume manufacturers that choose to focus on
the development of fuel cell ZEVs, eliminated all references to fuel
economy and vehicle efficiency from the 2001 ZEV amendments, and
adjusted the credit structure for the various vehicles types. Finally,
the fourth set of amendments include a requirement that 2006 and later
MY battery EVs other than neighborhood electric vehicles (NEVs) be
equipped with a conductive charger inlet port and an on-board charger,
and a separate minor element from CARB's LEV II regulations which
revised the standards for alternative fuel vehicles qualifying as
partial ZEV allowance vehicles and for which CARB seeks a within-the-
scope confirmation.
    On January 18, 2005, a Federal Register notice was published
announcing an opportunity for hearing and comment on CARB's request.\1\
EPA received a request for a public hearing and conducted a hearing on
February 17, 2005. The written comment period expired on March 29,
2005. After the close of the written comment period EPA also received a
series of letters for the 2007 MY since EPA had not acted upon CARB's
request at the time of the letters. Included in these letters,
regarding the 2007 MY, was a new request from CARB to EPA seeking EPA's
confirmation that the ZEV amendments as they affect the 2007 MY are
within-the-scope of previous waivers. CARB did not include the
requirements applicable to LDT2s that commence in the 2007 MY as part
of this within-the-scope request.
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    \1\ 70 FR 2860 (January 18, 2005).
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    Section 209(b) of the Act provides that, if certain criteria are
met, the Administrator shall waive Federal preemption for California to
enforce new motor vehicle emission standards and accompanying
enforcement procedures. The criteria include consideration of whether
California arbitrarily and capriciously determined that its standards
are, in the aggregate, at least as protective of public health and
welfare as the applicable federal standards; whether California needs
state standards to meet compelling and extraordinary conditions; and
whether California's amendments are consistent with section 202(a) of
the Act.
    If California acts to amend a previously waived standard or
accompanying enforcement procedure, the amendment may be considered
within-the-scope of a previously granted waiver provided that it does
not undermine California's determination that its standards, in the
aggregate, are as at least as protective of public health and welfare
as applicable Federal standards, does not affect its consistency with
section 202(a) of the Act, and raises no new issues affecting EPA's
previous waiver decisions.
    In its request letter to EPA, CARB stated that the amendments to
its ZEV requirements will not cause the California standards, in the
aggregate, to be less protective of public health and welfare than the
applicable Federal standards. EPA received information during this
proceeding that questioned whether the CARB ZEV amendments may be less
protective for various reasons. EPA finds that the party opposing the
within-the-scope determination and the waiver have not meet their
burden of proof to demonstrate that the ZEV amendments undermine CARB's
previous protectiveness determination or that CARB was arbitrary and
capricious in its protectiveness determination. I cannot find that
CARB's ZEV regulations would cause the California motor vehicle
emission standards, in the

aggregate, to be less protective of public health and welfare than
applicable Federal standards.
    CARB also demonstrated continuing existence of compelling and
extraordinary conditions, justifying the state's need for its own motor
vehicle pollution control program. Because EPA has not received adverse
public comment challenging the need for CARB's own motor vehicle
pollution control program, I cannot deny the waiver based on a lack of
a compelling and extraordinary conditions.
    CARB stated in its request letters that the amendments do not raise
any concerns of inadequate leadtime or impose any inconsistent
certification requirements. EPA received information during this
proceeding that questioned: whether the advance-technology partial-
zero-emission vehicles (ATPZEVs) provisions of the ZEV requirements
were of a type not consistent with Sec.  202(a), and whether the
partial-zero-emission vehicle (PZEV) and fuel-cell vehicle (FCV)
provisions of the ZEV requirements were not consistent with Sec.
202(a) due to considerations of technological feasibility, lead time,
and cost. EPA finds that the party opposing the within-the-scope
confirmation and the waiver of federal preemption has not met its
burden of proof that the ZEV amendments are inconsistent with Sec.
202(a). I cannot find that CARB's ZEV regulations, as noted, would
cause the California motor vehicle emission standards to be
inconsistent with Sec.  202(a).
    As explained further in the Decision Document, EPA also received
comment that CARB's ZEV regulations raise ``new issues'' which require
EPA to consider CARB's within-the-scope request under the criteria for
a full waiver of federal preemption. EPA finds that the party opposing
the within-the-scope confirmation has not met its burden of proof that
the ZEV amendments raise new issues and therefore I cannot find that
the within-the-scope confirmation should be denied on this basis.
    Therefore I confirm that CARB's ZEV amendments as they affect the
2006 and earlier MYs, as noted above, are within-the-scope of existing
waivers of federal preemption. I also find that the ZEV amendments as
they affect the 2006 and earlier MYs meet the criteria for a full
waiver and thus I alternatively grant a waiver of federal preemption
for these MYs. I also grant a waiver of federal preemption of CARB's
ZEV amendments as they affect the 2007 through 2011 MYs. As explained
further in the Decision Document, EPA is not making any determinations
regarding a waiver of federal preemption applicable to 2012 and later
MYs.
    CARB did not seek a within-the-scope confirmation of the 2007 MY as
part of its initial request to EPA. However, CARB later requested EPA
to consider the 2007 MY provisions (with the exception of the LDT2
requirement) as within-the-scope. While EPA did request comment
regarding CARB's within-the-scope request for the 2003-2006 MYs, EPA
has not done so for the 2007 MY. As explained in the Decision Document,
EPA does not believe that a further official request for comment is
needed at this time. Because the 2007 MY provisions are very similar to
the 2005-2006 MY provisions, I confirm that the 2007 MY requirements
(with the exception of the LDT2 requirement) are within-the-scope of
previous waivers of federal preemption. However, any party that wishes
to object to this determination may file such objection as indicated in
the DATES and ADDRESSES section above. Upon receipt of a timely
objection, EPA will consider scheduling a public hearing to reconsider
these findings in a subsequent Federal Register Notice.
    A full explanation of EPA's decision, including our review of
comments received in opposition to CARB's request, is contained in a
Decision Document which may be obtained as explained above.
    My decision will affect not only persons in California but also the
manufacturers outside the State who must comply with California's
requirements in order to produce nonroad engines and vehicles for sale
in California. For this reason, I hereby determine and find that this
is a final action of national applicability.
    As with past waiver decisions, this action is not a rule as defined
by Executive Order 12866. Therefore, it is exempt from review by the
Office of Management and Budget as required for rules and regulations
by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
    Finally, the Administrator has delegated the authority to make
determinations regarding waivers under section 209(b) of the Act to the
Assistant Administrator for Air and Radiation.

    Dated: December 21, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. E6-22314 Filed 12-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72691-72692]
[DOCID:fr21de07-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. OA07-44-000, OA07-44-001, OA07-45-000]

El Paso Electric Company; Notice of Filing

December 14, 2007.
    Take notice that on August 20, 2007, El Paso Electric Company
tendered for filing a revised Non-discriminatory Open Access
Transmission Tariff which contained the revised non-rate terms and
conditions set forth in Order No. 890.
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on December 26, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-24755 Filed 12-20-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27684-27687]
[FR Doc No: 2011-11681]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64435; File No. SR-BATS-2011-016]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Extend a Pilot Program Related to
Trading Pauses Due to Extraordinary Market Volatility

May 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 4,

2011, BATS Exchange, Inc. (the ``Exchange'' or ``BATS'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to extend a
pilot program previously approved by the Commission related to Rule
11.18, entitled ``Trading Halts Due to Extraordinary Market
Volatility,'' to include additional securities in the pilot by which
such rule operates. The Exchange also proposes to amend Rule 11.8,
entitled ``Obligations of Market Makers,'' to conform certain of the
percentages thereunder consistent with the proposed changes to the
pilot.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to extend a pilot program previously approved
by the Commission related to Rule 11.18, entitled ``Trading Halts Due
to Extraordinary Market Volatility,'' to include additional securities
in the pilot by which such rule operates. The Exchange also proposes to
amend Rule 11.8, entitled ``Obligations of Market Makers,'' to conform
certain of the percentages thereunder consistent with the proposed
changes to the pilot.
    The Commission approved Rule 11.18(d) on a pilot basis on June 10,
2010 to allow the Exchange to pause trading in an individual stock when
the primary listing market for such stock issues a trading pause due to
extraordinary market volatility (``Trading Pause'') in a security
included within the S&P 500[supreg] Index (``S&P 500'') (``Trading
Pause Pilot'' or ``Pilot'').\3\ The Exchange subsequently received
approval to add to the Pilot the securities included in the Russell
1000[supreg] Index (``Russell 1000'') and a specified list of Exchange
Traded Products (``ETPs'').\4\
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    \3\ The Commission approved the Trading Pause Pilot for all
equities exchanges and FINRA. See Securities Exchange Act Release
No. 62252 (June 10, 2010), 75 FR 34186 (June 16, 2010) (File Nos.
SR-BATS-2010-014; SR-EDGA-2010-01; SR-EDGX-2010-01; SR-BX-2010-037;
SR-ISE-2010-48; SR-NYSE-2010-39; SR-NYSEAmex-2010-46; SR-NYSEArca-
2010-41; SR-NASDAQ-2010-061; SR-CHX-2010-10; SR-NSX-2010-05; and SR-
CBOE-2010-047) and Securities Exchange Act Release No. 62251 (June
10, 2010), 75 FR 34183 (June 16, 2010) (SR-FINRA-2010-025).
    \4\ The Commission approved the addition to the Trading Pause
Pilot of the securities included in the Russell 1000 and ETPs, where
applicable, for all equities exchanges and FINRA. See Securities
Exchange Act Release No. 62884 (September 10, 2010), 75 FR 56618
(September 16, 2010) (File Nos. SR-BATS-2010-018; SR-BX-2010-044;
SR-CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05;
SR-ISE-2010-66; SR-NASDAQ-2010-079; SR-NYSE-2010-49; SR-NYSEAmex-
2010-63; SR-NYSEArca-2010-61; and SR-NSX-2010-08 and Securities
Exchange Act Release No. 62883 (September 10, 2010), 75 FR 56608
(September 16, 2010) (SR-FINRA-2010-033). The Exchange submitted a
proposed rule change shortly after the addition of the Russell 1000
securities and ETPs to extend the operation of the Pilot, which was
set to expire on December 10, 2010, until April 11, 2011. See
Securities Exchange Act Release No. 63497 (December 9, 2010), 75 FR
78315 (December 15, 2010) (SR-BATS-2010-037). More recently, the
Exchange submitted a proposed rule change to extend the operation of
the Pilot until the earlier of August 11, 2011 or the date on which
a limit up/limit down mechanism to address extraordinary market
volatility, if adopted, applies. Securities Exchange Act Release No.
64207 (April 6, 2011), 76 FR 20424 (April 12, 2011).
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    The Exchange has continued to assess whether additional securities
need to be added to the Pilot and whether the parameters of Rule 11.18
need to be modified to accommodate trading characteristics of different
securities. In consultation with other markets and the staff of the
Commission, the Exchange proposes to include all NMS stocks within the
Pilot that are not already included therein. Accordingly, the Exchange
proposes to modify the definition of ``Circuit Breaker Securities'' in
Interpretation and Policy .05 to Rule 11.18 to include all NMS stocks.
The Exchange is not proposing any other changes to the text of Rule
11.18 or the operation of the Pilot, and will continue to assess
whether the parameters for invoking a Trading Pause continue to be
appropriate and whether the parameters should be modified.\5\
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    \5\ The Exchange notes that it does not currently calculate the
percentage necessary for a Trading Pause to be issued, but instead
relies on the primary listing market for each security to perform
such calculation and disseminate information if and when a Trading
Pause is in effect. Nonetheless, the Exchange supports the
percentages at which Trading Pauses will trigger, which are being
concurrently proposed by the primary listing markets with respect to
the NMS stocks that are being added to the Pilot. In particular, the
proposed additional stocks are those not currently included in the
S&P 500 Index, Russell 1000 Index, or specified ETPs, and therefore
are more likely to be less liquid securities or securities with
lower trading volumes. Accordingly, the Exchange agrees that broader
percentages to trigger a Trading Pause would be appropriate.
Similarly, because leveraged ETPs trade at a ratio against the
associated index, a broader percentage to trigger a Trading Pause
would also be appropriate for leveraged ETPs. Finally, the Exchange
agrees that lower-priced securities should be governed by a broader
percentage prior to triggering a Trading Pause than other NMS stocks
because lower-priced securities may tend to be more volatile, and
price movements of lower-priced stocks equate to a higher percentage
move than a similar price change for a higher-priced stock.
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    The proposed changes to the Pilot, if approved, would require that
the text of Rule 11.8(d)(2)(D) and (E), which pertain to the pricing
obligations that Market Makers \6\ are required to adhere to, be
amended to ensure consistency with the percentage moves that will
trigger a Trading Pause on the primary listing markets (a ``Trigger
Percentage''). Specifically, in order to adopt the proposed changes to
the Pilot, the primary listing markets will apply different Trigger
Percentages to the newly added securities, including 30% for NMS stocks
priced equal to or greater than $1 per share that are not included in
the S&P 500, the Russell 1000 or the specified list of ETPs and 50% for
NMS stocks priced below $1 per share that are not included in the S&P
500, the Russell 1000 or the specified list of ETPs (``Low Priced
Securities''). In order to accommodate this change, the Exchange
proposes to modify the language of its quoting requirements for Market
Makers, which are intended to be within the bounds of the Trigger
Percentages.
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    \6\ The term Market Maker means a Member that acts as a Market
Maker on BATS pursuant to Chapter XI of the Exchange's rules.
---------------------------------------------------------------------------

    As set forth in the Exchange's current Rule, the pricing
obligations applicable to quotations of Market Makers are based on the
``Designated Percentage'' and the ``Defined Limit,'' which are
determined based on the applicable Trigger Percentage. Currently, the
Exchange's formula for calculating the Designated Percentage is the
Trigger Percentage minus 2%. The current formula for calculating the
Defined

Limit is the Trigger Percentage minus 0.5%. The Exchange proposes to
apply the existing formulas for calculating the Designated Percentage
and Defined Limit to all NMS stocks other than Low Priced securities.
Thus, there will be no change to the existing Designated Percentage of
8% and Defined Limit of 9.5% for securities included in the S&P 500,
the Russell 1000 or the specified list of ETPs (or 20% and 21.5% when
trading pauses are not in effect). For newly added NMS stocks priced $1
or above, this formula will mean a Designated Percentage of 28% and a
Defined Limit of 29.5%.
    The Exchange proposes to add language stating that for Low Priced
Securities the Designated Percentage will be 20 percentage points less
than the Trigger Percentage and the Defined Limit will be 18.5
percentage points less than the Trigger Percentage. Accordingly, the
Designated Percentage and Defined Limit would be 30% and 31.5%,
respectively, for Low Priced Securities.
    Similarly, and consistent with the rules of the primary listing
markets, the Exchange proposes to state that with respect to securities
included in S&P 500, the Russell 1000 or the specified list of ETPs,
such products have different quotation requirements at the open and
close of trading each day. Specifically, the Exchange proposes to state
that with respect to such products, the quotation requirements apply
with a Designated Percentage of 20% and a Defined Limit of 21.5% for
times during Regular Trading Hours when stock pause triggers are not in
effect under the rules of the primary listing market. For all other NMS
stocks, the Designated Percentage and Defined Limit will not change for
the open or the close of trading.
    The Exchange notes that part of this proposed change would be
substantive, in that the percentages under Rule 11.8(d)(2)(D) and (E)
would decrease slightly for the proposed new NMS stocks priced at $1 or
greater. The Exchange believes that this proposed substantive change
would not have a significant impact on Market Maker pricing obligations
and is reasonable because it would ensure that the designated quoting
percentages in 11.18 are within a narrower range than the percentages
necessary to trigger a Trading Pause.
    The Exchange also proposes to modify Rule 11.8(e), which describes
an optional functionality that the Exchange offers to Exchange Market
Makers to assist such Market Makers with maintenance of their
quotations under Rule 11.8. Specifically, for Market Makers that
utilize the functionality, the Exchange enters bids and offers at the
Designated Percentage and cancels and replaces the bid or offer if it
drifts away from the NBBO to the Defined Limit or away from the
Designated Percentage towards the NBBO by a number of percentage points
determined by the Exchange. If a bid or offer entered pursuant to
proposed paragraph (e) is executed, the Exchange will re-enter a new
bid or offer on behalf of a Market Maker. In order to reduce the
operational burden on the Exchange, the Exchange proposes to use the
same Designated Percentage and Defined Limit for all NMS stocks that
are being added to the Pilot regardless of the price per share of such
stocks. Accordingly, for purposes of its optional quotation
functionality, the Exchange will use a consistent Designated Percentage
of 28% and a consistent Defined Limit of 29.5% for all NMS stocks not
included in S&P 500, the Russell 1000 or the specified list of ETPs.
Market Makers managing their own quoting on the Exchange may still
quote in accordance with the rule based on the Designated Percentage
and Defined Limit established for Low Priced Securities (30% and 31.5%,
respectively).
    Finally, the Exchange proposes to simplify Rule 11.18 by adopting
Interpretation and Policy .01, which will, in chart form, explicitly
state the percentages that are applicable under the Rule for different
types of securities and at different times.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\7\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act,\8\ because it
would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. The proposed rule change is also
consistent with Section 11A(a)(1) of the Act \9\ in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets. The Exchange believes that the proposed rule meets these
requirements because it expands the scope of the Pilot to cover all NMS
stocks while adjusting the parameters of the rule for different
securities in a manner that will promote uniformity across markets
concerning decisions to pause trading in a security when there are
significant price movements. Additionally, the proposed changes would
ensure that the designated quoting percentages in Rule 11.18 are within
a narrower range than the percentages necessary to trigger a Trading
Pause on a primary listing market.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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 (i) as the Commission may
designate up to 90 days of such date 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 such 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-BATS-2011-016 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-BATS-2011-016. 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-BATS-2011-016 and should be
submitted on or before June 2, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11681 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Thursday, July 30, 2020 7:58 PM
To:
David Ailor<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
Erie data for review by foundry coke facilities

David - Attached is the summarized data for Erie Coke from both the Questionnaire (Enclosure 1) and Source Testing (Enclosure 2). I've provided this information to you so you can relay the files to the foundry coke facilities to review. I've also attached the (blank) EPA information request documents so they can see what was asked. The facilities can respond in any way they like: by email, Word document, or enter their comments in the columns provided for facility comments in the spreadsheets.

I'm out Friday 7/31 but back Monday. If you have any questions, I will answer them on Monday.

Have a good weekend.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Coke ICR-Enclosure 1-Questionnaire-2016.docx >>
<< Coke ICR-Enclosure 2 -Testing-2016.doc >>
<< CokeOvens-Enclosure2-Erie-Coke-July2020.xlsx >>
<< EC-Coke-Enclosure-1-Questionnaire ICR-draft summary-review-August-5-2019.xlsx >>


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31883-31884]
[FR Doc No: 2016-11823]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0158]
RIN 1625-AA08

Special Local Regulation; Ohio River, Lawrenceburg, IN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a special local
regulation for all waters of the Ohio River, surface to bottom,
extending from Ohio River mile 492.0 to 495.5 at Lawrenceburg, IN, June
18, 2016 with an alternate date of June 19, 2016. This special local
regulation is necessary to provide for the safety of life on these
navigable waters near Lawrenceburg, IN, during a high-speed boat race
on June 18, 2016. This proposed rulemaking would prohibit persons and
vessels from being in the regulated area unless authorized by the
Captain of the Port Ohio Valley or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0158 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Andrew Prescott,
Sector Ohio Valley, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 29, 2016, the Breakwater Powerboat Association notified
the Coast Guard that it will be sponsoring a high-speed boat race from
7:30 a.m. to 6:30 p.m. on June 18, 2016. Alternate time and date will
be from 10:00 a.m. to 2:00 p.m. June 19, 2016. The boat race will take
place at Ohio River mile 492.0 to 495.5 in the vicinity of
Lawrenceburg, IN. The Captain of the Port Ohio Valley (COTP) has
determined that potential hazards associated with a high- speed regatta
would be a safety concern for anyone within in the regulated area.
    The purpose of this rulemaking is to ensure the safety of vessels,
spectators and the navigable waters within the regulated area before,
during, and after the scheduled event. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation from 7:30
a.m. to 6:30 p.m. on June 18, 2016. The special local regulation would
cover all navigable waters of the Ohio River from mile 492.0 to 495.5
in Lawrenceburg, IN. The duration of the regulated area is intended to
ensure the safety of vessels, spectators and these navigable waters
before, during, and after the scheduled high-speed regatta. No vessel
or person would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the regulated area, and the rule
would allow vessels to seek permission to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321- 4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation lasting less than 12 hours that would prohibit entry
within the regulated area. Normally such actions are categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and Categorical Exclusion Determination are available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C 1233.

0
2. Add temporary Sec.  100.35T08-0158 to read as follows:

Sec.  100.35T08-0158  Special Local Regulation; Ohio River Mile 492.0
to 495.5, Lawrenceburg, IN.

    (a) Location. All waters of the Ohio River beginning at mile marker
492.0 and ending at mile marker 495.5 at Lawrenceburg, IN.
    (b) Periods of Enforcement. This rule will be enforced from 7:30
a.m. to 6:30 p.m. on June 18, 2016, unless the event is delayed due to
weather. If delayed, it will be enforced from 10:00 a.m. to 2:00 p.m.
June 19, 2016. The Captain of the Port Ohio Valley or a designated
representative will inform the public through broadcast notice to
mariners of the enforcement period for the special local regulation.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.801 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.
    (2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U. S. Coast Guard Sector Ohio Valley
may be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: April 29, 2016.
R.V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-11823 Filed 5-19-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Proposed Rules]
[Page 11888-11889]
[DOCID:fr20mr09-17]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0026; FRL-8780-4]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to Permits by Rule and Regulations for Control of Air
Pollution by Permits for New Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve portions of three revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
on July 22, 1998, October 4, 2002, and September 25, 2003; these
revisions amend existing sections and create new sections in Title 30
of the Texas Administrative Code (TAC), Chapter 106--Permits by Rule
and Chapter

116--Control of Air Pollution by Permits for New Construction or
Modification. The July 22, 1998, revision repeals and replaces the
Renewal Application Fees section with a new section. The October 4,
2002, revision increases the determination of fees for NSR permits,
corrects addresses, and makes other administrative changes. The
September 25, 2003, revision clarifies that an emission reduction
credit must be certified and banked to be creditable as an offset in
the NSR permitting program, repeals and replaces the section that
addresses the use of emission reductions as offsets for NSR permitting
and the definition of ``offset ratio,'' and makes administrative
changes. EPA has determined that these SIP revisions comply with the
Clean Air Act and EPA regulations, are consistent with EPA policies,
and will improve air quality. This action is being taken under section
110 and parts C and D of the Federal Clean Air Act (the Act or CAA).

DATES: Comments must be received on or before April 20, 2009.

ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's proposal, please contact Ms. Melanie Magee (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-7161. Ms. Magee can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no relevant adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no relevant adverse comments are received in
response to this action, no further activity is contemplated. If EPA
receives relevant adverse comments, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule based on this proposed rule. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of the
rule, and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: February 26, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
 [FR Doc. E9-5836 Filed 3-19-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Notices]
[Page 73325]
[DOCID:fr02de08-68]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-5-012]

Empire Pipeline, Inc.; Notice of Tariff Filing

November 25, 2008.
    Take notice that on November 24, 2008, Empire Pipeline, Inc. (EPI),
filed in Docket No. CP06-5-012, Revised Original Sheet No. 218 of its
FERC Gas Tariff, Original Volume No. 1. EPI's filing states that the
filing is being made to revise its initial Compressor Fuel Factor found
in GT&C section 23.2.
    EPI explains that since its facilities will now go into service in
early December 2008 instead of November, it anticipates that compressor
fuel will be consumed in December proposing an initial Compressor Fuel
Factor of 0.21 percent. Empire requests that an order be issued on or
before December 2, 2008.
    EPI states that copies of this filing were served upon its
customers, interested state commissions and the parties on the official
service list compiled by the Secretary in this proceeding.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, December 1, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-28583 Filed 12-1-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19127-19128]
[FR Doc No: 2018-09110]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83100; File No. SR-NYSENAT-2018-02]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To Support the Re-Launch of NYSE National, Inc. on the Pillar
Trading Platform

April 25, 2018.
    On February 21, 2018, NYSE National, Inc. (the ``Exchange'' or
``NYSE National'') 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, in connection with the re-launch of the Exchange
on the Pillar trading platform. The Exchange proposes: (1) Amendments
to Article V, Sections 5.01 and 5.8 of the Fourth Amended and Restated
Bylaws of NYSE National (``Bylaws''); (2) new rules based on the rules
of the Exchange's affiliates relating to (a) trading securities on an
unlisted trading privileges basis (Rules 5 and 8), (b) trading on the
Pillar trading platform (Rules 1 and 7), (c) disciplinary rules (Rule
10), and (d) administration of the Exchange (Rules 3, 12, and 13); (3)
rule changes that renumber current Exchange rules relating to (a)
membership (Rule 2), (b) order audit trail requirements (Rule 6), and
(c) business conduct, books and records, supervision, extensions of
credit, and trading practices (Rule 11); and (4) deletion of Chapters
I--XVI and the rules contained therein. The proposed rule change was
published for comment in the Federal Register on March 13,

2018.\3\ The Commission received no comments on the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82819 (March 7,
2018), 83 FR 11098 (March 13, 2018).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is April 27, 2018. The Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates June 11, 2018 as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NYSENAT-2018-02).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

[FR Doc. 2018-09110 Filed 4-30-18; 8:45 am]
BILLING CODE 8011-01-P