Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations 75865 

Maintenance Plan for the South 

Carolina portion of the bi-state Charlotte 

Area’’ at the end of the table to read as 

follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA Approval date Explanation 

*******

1997 8-hour ozone Maintenance Plan for the South 

Carolina portion of the bistate Charlotte Area.

June 1, 2011 .... 12/26/12 [Insert citation of 

publication].

Applicable to the 1997 8-hour ozone boundary in York 

County only (Rock Hill-Fort Mill Area Transportation Study 

Metropolitan Planning Organization Area). 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.341, the table entitled 

‘‘South Carolina-1997 8-Hour Ozone 

NAAQS (Primary and Secondary)’’ is 

amended under ‘‘Charlotte-GastoniaRock Hill, NC–SC’’ by revising the 

entries for ‘‘York County (part) Portion 

along MPO lines’’ to read as follows: 

§ 81.341 South Carolina. 

* * * * * 

SOUTH CAROLINA—1997 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

*******

Charlotte-Gastonia-Rock Hill, NC–SC: 

York County (part) Portion along MPO lines .... This action is effective 12/26/12 ... Attainment. 

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. 2012–30956 Filed 12–21–12; 4:15 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0751; FRL- 9763–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Kentucky; Redesignation of 

the Kentucky Portion of the 

Huntington-Ashland, WV–KY–OH 1997 

Annual Fine Particulate Matter 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request submitted on 

February 12, 2012, by the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet, Division for Air Quality (DAQ), 

to redesignate the Kentucky portion of 

the tri-state Huntington-Ashland, West 

Virginia-Kentucky-Ohio fine particulate 

matter (PM2.5) nonattainment area 

(hereafter referred to as the 

‘‘Huntington-Ashland Area’’ or ‘‘Area’’) 

to attainment for the 1997 Annual PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Huntington-Ashland 

Area is composed of Boyd County and 

a portion of Lawrence County in 

Kentucky; Lawrence and Scioto 

Counties and portions of Adams and 

Gallia Counties in Ohio; and Cabell and 

Wayne Counties and a portion of Mason 

County in West Virginia. EPA’s 

approval of the redesignation request is 

based on the determination that 

Kentucky has met the criteria for 

redesignation to attainment set forth in 

the Clean Air Act (CAA or Act). EPA is 

approving a revision to the Kentucky 

State Implementation Plan (SIP) to 

include the 1997 Annual PM2.5

maintenance plan for the Kentucky 

portion of the Huntington-Ashland 

Area. EPA is also approving the on-road 

motor vehicle insignificance finding for 

direct PM2.5 and nitrogen oxides (NOx) 

for the Kentucky portion of the 

Huntington-Ashland Area. 

DATES: Effective Date: This rule will be 

effective on December 26, 2012 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0751. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR


tkelley on DSK3SPTVN1PROD with 
75866 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations 

1Although EPA received Kentucky’s the request 

to redesignate the Kentucky portion of the 

Huntington-Ashland Area to attainment for the 

1997 Annual PM2.5 NAAQS on February 12, 2012, 

the official SIP submittal date and state effective 

date is the date of the submittal cover letter, 

February 9, 2012. 

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Joel Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the Background for the Actions? 

II. What are the Actions EPA is Taking? 

III. Why is EPA Taking These Actions? 

IV. What are the Effects of These Actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the Background for the 

Actions? 

As stated in EPA’s proposed approval 

notice published on November 19, 2012 

(77 FR 69409), this redesignation action 

addresses the Kentucky portion of the 

Huntington-Ashland Area’s status solely 

with respect to the 1997 Annual PM2.5

NAAQS, for which designations were 

finalized on November 13, 2009 (74 FR 

58688). On February 12, 2012,1 the 

Commonwealth of Kentucky, through 

DAQ, submitted a request to redesignate 

the Kentucky portion of the HuntingtonAshland Area to attainment for the 1997 

Annual PM2.5 NAAQS, and for EPA 

approval of the Kentucky SIP revision 

containing a maintenance plan for the 

Area. In the November 19, 2012, notice, 

EPA proposed to take the following 

separate but related actions, some of 

which involve multiple elements: (1) To 

redesignate the Kentucky portion of the 

Huntington-Ashland Area to attainment 

for the 1997 Annual PM2.5 NAAQS, and 

(2) to approve into the Kentucky SIP, 

under section 175A of the CAA, 

Kentucky’s 1997 Annual PM2.5 NAAQS 

maintenance plan, including the onroad motor vehicle insignificance 

finding for direct PM2.5 and NOx for the 

Kentucky portion of the HuntingtonAshland Area. EPA received no 

comments, adverse or otherwise, on the 

November 19, 2012, proposed 

rulemaking. As noted in the November 

19, 2012, proposal notice, on April 11, 

2012, EPA approved, under section 

172(c)(3) of the CAA, Kentucky’s 2002 

base-year emissions inventory for the 

Huntington-Ashland Area as part of the 

SIP revision submitted by the 

Commonwealth to provide for 

attainment of the 1997 p.m.2.5 NAAQS 

in the Area. EPA received no comments, 

adverse or otherwise, on the proposal 

related to approval of Kentucky’s 2002 

base-year emissions inventory. 

EPA is now taking final action on the 

three actions identified above. 

Additional background for today’s 

action is set forth in EPA’s November 

19, 2012, proposal and is summarized 

below. 

EPA has reviewed the most recent 

ambient monitoring data, which 

indicate that the Huntington-Ashland 

Area continues to attain the 1997 

Annual PM2.5 NAAQS beyond the 

submitted 3-year attainment period of 

2008–2010. As stated in EPA’s 

November 19, 2012, proposal notice, the 

3-year design value of 13.1 mg/m3 for 

2008–2010 meets the NAAQS of 15.0 

mg/m3. Quality assured and certified 

data in EPA’s Air Quality System (AQS) 

for 2011 provide a 3-year design value 

of 12.1 mg/m3 for 2009–2011. 

Furthermore, preliminary monitoring 

data for 2012 indicate that the Area is 

continuing to attain the 1997 Annual 

PM2.5 NAAQS. The 2012 preliminary 

data are available AQS although not yet 

quality assured and certified. 

II. What are the actions EPA is taking? 

In today’s rulemaking, EPA is 

approving: (1) Kentucky’s redesignation 

request to change the legal designation 

of Boyd County and a portion of 

Lawrence County in Kentucky from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS, and (2) 

Kentucky’s 1997 Annual PM2.5

maintenance plan (such approval being 

one of the CAA criteria for redesignation 

to attainment status) for the Kentucky 

portion of the Huntington-Ashland 

Area. The maintenance plan is designed 

to demonstrate that the Kentucky 

portion of the Huntington-Ashland Area 

will continue to attain the 1997 Annual 

PM2.5 NAAQS through 2022. EPA’s 

approval of the redesignation request is 

based on EPA’s determination that the 

Kentucky portion of the HuntingtonAshland Area meets the criteria for 

redesignation set forth in CAA, sections 

107(d)(3)(E) and 175A, including EPA’s 

determination that the Kentucky portion 

of the Huntington-Ashland Area has 

attained the 1997 Annual PM2.5

NAAQS. EPA’s analyses of Kentucky’s 

redesignation request, maintenance 

plan, and emissions inventory are 

described in detail in the November 19, 

2012, proposed rule (77 FR 69409). 

Consistent with the CAA, the 

maintenance plan that EPA is approving 

also includes an on-road motor vehicle 

insignificance finding for direct PM2.5

and NOx for the Kentucky portion of the 

Huntington-Ashland Area. In this 

action, EPA is approving this 

insignificance finding for the purposes 

of transportation conformity. 

III. Why is EPA taking these actions? 

EPA has determined that the 

Kentucky portion of the HuntingtonAshland Area has attained the 1997 

Annual PM2.5 NAAQS and has also 

determined that all other criteria for the 

redesignation of the Kentucky portion of 

the Huntington-Ashland Area from 

nonattainment to attainment of the 1997 

Annual PM2.5 NAAQS have been met. 

See CAA section 107(d)(3)(E). One of 

those requirements is that the Kentucky 

portion of the Huntington-Ashland Area 

has an approved plan demonstrating 

maintenance of the 1997 Annual PM2.5

NAAQS. EPA is also taking final action 

to approve the maintenance plan for the 

Kentucky portion of the HuntingtonAshland Area as meeting the 

requirements of sections 175A and 

107(d)(3)(E) of the CAA. In addition, 

EPA is approving the on-road motor 

vehicle insignificance finding for direct 

PM2.5 and NOx for the Kentucky portion 

of the Huntington-Ashland Area. The 

detailed rationale for EPA’s findings and 

actions are set forth in the proposed 

rulemaking and in other discussion in 

this final rulemaking. 

IV. What are the effects of these 

actions? 

Approval of the redesignation request 

changes the legal designation of Boyd 

County and a portion of Lawrence 

County in Kentucky from nonattainment 

to attainment for the 1997 Annual PM2.5

NAAQS. EPA is modifying the 

regulatory table in 40 CFR 81.318 to 

reflect a designation of attainment for 

these counties. EPA is also approving, 

as a revision to the Kentucky SIP, the 

Commonwealth’s plan for maintaining 

the 1997 Annual PM2.5 NAAQS in the 

Kentucky portion of the HuntingtonAshland Area through 2022. The 

maintenance plan includes contingency 

measures to remedy possible future 

violations of the 1997 Annual PM2.5

NAAQS and establishes an on-road 

motor vehicle insignificance finding for 

direct PM2.5 and NOx for the Kentucky 

portion of the Huntington-Ashland 

Area. 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations 75867 

V. Final Action 

EPA is taking final action to approve 

the redesignation and change the legal 

designation of Boyd County and a 

portion of Lawrence County in 

Kentucky from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS. Through this action, EPA is 

also approving into the Kentucky SIP 

the 1997Annual PM2.5 maintenance 

plan for the Kentucky portion of the 

Huntington-Ashland Area, which 

includes an on-road motor vehicle 

insignificance finding for direct PM2.5

and NOx for the Kentucky portion of the 

Huntington-Ashland Area. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the Area 

from certain CAA requirements that 

would otherwise apply to it. The 

immediate effective date for this action 

is authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule grants or 

recognizes an exemption or relieves a 

restriction, and section 553(d)(3), which 

allows an effective date less than 30 

days after publication as otherwise 

provided by the agency for good cause 

found and published with the rule. The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the 

Commonwealth of various requirements 

for the Kentucky portion of the 

Huntington-Ashland Area. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d)(3) for this action to 

become effective on the date of 

publication of this action. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For these 

reasons, these actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 25, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks. 

Dated: December 13, 2012. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52-[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. Section 52.920(e) is amended by 

adding a new entry ‘‘1997 Annual PM2.5

Maintenance Plan for the Kentucky 

portion of the Huntington-Ashland 

Area’’ at the end of the table to read as 

follows: 


tkelley on DSK3SPTVN1PROD with 
75868 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

* * 

1997 Annual PM2.5 Maintenance Plan 

for the Kentucky portion of the Huntington-Ashland Area.

Boyd County and Lawrence County 

(part) (Kentucky portion of the Huntington-Ashland WV–KY–OH Area).

2/9/12 12/26/12 [Insert citation of publication].For the 1997 Annual 

PM2.5 NAAQS. 

PART 81-[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.318, the table entitled 

‘‘Kentucky-PM2.5 (Annual NAAQS)’’ is 

amended under ‘‘Huntington-Ashland, 

WV–KY–OH’’ by revising the entries for 

‘‘Boyd County’’ and ‘‘Lawrence County 

(part)’’ to read as follows: 

§ 81.318 Kentucky. 

* * * * * 

KENTUCKY—PM2.5—(ANNUAL

NAAQS) 

Designated area 

Designationa

Date1 Type 

Huntington-Ashland, WV–KY–OH: 

* * * * 

Boyd County ..... This action is effective 12/26/ 

12.

Attainment 

Lawrence County (part).

This action is effective 12/26/ 

12.

Attainment 

* * * * 

a Includes Indian Country located in each 

county or area, except as otherwise specified. 1This date is 90 days after January 5, 2005, 

unless otherwise noted. 

* * * * * 

[FR Doc. 2012–30954 Filed 12–21–12; 4:15 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2012–0223; FRL–9763–7] 

Regulation of Fuels and Fuel 

Additives: Modifications to the 

Transmix Provisions Under the Diesel 

Sulfur Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending the 

requirements under EPA’s diesel sulfur 

program related to the sulfur content of 

locomotive and marine (LM) diesel fuel 

produced by transmix processors and 

pipeline facilities. These amendments 

will reinstate the ability of locomotive 

and marine diesel fuel produced from 

transmix by transmix processors and 

pipeline operators to meet a maximum 

500 parts per million (ppm) sulfur 

standard outside of the Northeast MidAtlantic Area and Alaska and expand 

this ability to within the Northeast MidAtlantic Area provided that: the fuel is 

used in older technology locomotive 

and marine engines that do not require 

15 ppm sulfur diesel fuel, and the fuel 

is kept segregated from other fuel. These 

amendments will provide significant 

regulatory relief for transmix processors 

and pipeline operators to allow the 

petroleum distribution system to 

function efficiently while continuing to 

transition the market to virtually all 

ultra-low sulfur diesel fuel (ULSD, i.e. 

15 ppm sulfur diesel fuel) and the 

environmental benefits it provides. 

DATES: This rule is effective on February 

25, 2013 without further notice. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2012–0223. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information may not be publicly 

available, (e.g., CBI or other information 

whose disclosure is restricted by 

statute). Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. You may be charged a reasonable 

fee for photocopying docket materials, 

as provided in 40 CFR part 2. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey A. Herzog, Office of 

Transportation and Air Quality, 

National Vehicle and Fuel Emissions 

Laboratory, Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, Michigan, 48105; telephone 

number: (734) 214–4227; fax number: 

(734) 214–4816; email address: 

herzog.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Purpose 

EPA is issuing a final rule to amend 

provisions in the diesel sulfur fuel 

programs. The diesel sulfur 

amendments provide necessary 

flexibility for transmix processors and 

pipeline operators who produce 

locomotive and marine diesel fuel. EPA 

is taking this action under section 211 

of the Clean Air Act. 

B. Summary of Today’s Rule 

The diesel transmix amendments will 

reinstate an allowance for transmix 

processors and pipeline operators to 

produce 500 ppm sulfur diesel fuel for 

use in older technology locomotive and 

marine diesel outside of the Northeast 

Mid-Atlantic (NEMA) Area and Alaska 


tkelley on DSK3SPTVN1PROD with