[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Page 12954]
[FR Doc No: 2021-04607]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-P-1189]

Canned Tuna Deviating From the Standard of Identity; Amendment of
Temporary Marketing Permit

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending
StarKist Seafood Company's temporary permit to market test canned tuna.
The temporary permit is amended to add three additional manufacturing
locations and to increase the amount of test product. This amendment
will allow the applicant to continue to test market the test product
and collect data on consumer acceptance of the test product.

FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 20, 2014 (79
FR 35362), we issued a notice announcing that we had issued a temporary
permit to StarKist Seafood Company, 225 North Shore Dr., Pittsburgh, PA
15212, to market test products identified as canned tuna products. The
permit allowed for the test product to be manufactured at Galapesca
S.A., Km. 12.5 Via A Duale, Guayaquil, Ecuador, and StarKist Samoa Co.,
368 Atu'u Rd., Pago Pago, American Samoa 96799. We issued the permit to
facilitate market testing of products that deviate from the
requirements of the standard of identity for canned tuna in 21 CFR
161.190, which was issued under section 401 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 341).
    In the Federal Register of March 7, 2016 (81 FR 11813), we issued a
notice announcing that we were extending the temporary market permit
issued to StarKist Seafood Company. The extension allows the applicants
to continue to measure consumer acceptance of the products and assess
the commercial feasibility of the products, in support of a petition to
amend the standard of identity for canned tuna. The new expiration date
of the permit will be either the effective date of a final rule
amending the standard of identity for canned tuna that may result from
the petition or 30 days after denial of the petition.
    Under our regulations at 21 CFR 130.17(f), we are amending the
temporary permit issued to StarKist Seafood Company, to allow the test
product to be manufactured at three additional plants: Tropical Canning
(Thailand) Public Co., LTD., \1/1\ M.2 T.Thungyai, Hatyai, Songkhla
90110, Thailand; ISA Value Co., Ltd., 44/4 Moo1, Petchkasem Road,
Yaicha, Sampran, Nakornpathom 73110, Thailand; and Tri-Marine (Solomon
Islands), Soltuna Ltd., 1 Tuna Dr., Noro, Western Province, Solomon
Islands. We are also amending the temporary permit to increase the
amount of test product to be market tested to 213,500,000 pounds
(96,841,971 kilograms) in retail cans of various sizes. All other
conditions and terms of this permit remain the same.

    Dated: February 26, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-04607 Filed 3-4-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Notices]
[Pages 17211-17213]
[FR Doc No: 2016-06866]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77419; File No. SR-NASDAQ-2016-041]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Listing and Trading of the Shares of the Eaton Vance
Global Income Builder NextShares of the Eaton Vance ETMF Trust

March 22, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 18, 2016, The Nasdaq Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in in Items I
and II below, which Items have been prepared by Nasdaq. 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

    Nasdaq proposes a proposed rule change with respect to the Eaton
Vance Global Dividend Income NextShares (the ``Fund''), a series of
Eaton Vance ETMF Trust (the ``Trust'').
    The proposed rule change is being filed to reflect a proposed
revision to the Fund's name and to modify its investment objective and
proposed investments (which are set forth in an order previously
granted by the Commission).\3\
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    \3\ See Securities Exchange Act Release No. 74797 (Apr. 23,
2015), 80 FR 23831 (Apr. 29, 2015) (SR-NASDAQ-2015-036) (the ``Prior
Notice''); see also Securities Exchange Act Release No. 75499 (Jul.
21, 2015), 80 FR 44406 (Jul. 27, 2015) (SR-NASDAQ-2015-036) (the
``Prior Order,'' and, together with the Prior Notice, the ``Prior
Release'').
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    Except for the changes discussed below, all other facts presented
and representations made in the Prior Release remain unchanged and in
full effect. All capitalized terms referenced but not defined herein
have the same meaning as in the Prior Release.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, 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, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The shares of the Fund will be offered by the Trust. The Trust is
registered with the Commission as an open-end investment company and
has filed a registration statement on Form N-1A (``Registration
Statement'') with the Commission.\4\ The Fund is a series of the Trust.
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    \4\ See Registration Statement on Form N-1A for the Eaton Vance
NextShares Trust dated Dec. 10, 2015 (File Nos. 333-197733 and 811-
22982).
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    The Commission previously approved the listing and trading on the
Exchange of the shares of the Fund under Nasdaq Rule 5745, which
governs the listing and trading of NextShares on the Exchange.\5\ The
shares of the Fund have not commenced trading on the Exchange.
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    \5\ The Commission approved Nasdaq Rule 5745 in Securities
Exchange Act Release No. 73562 (Nov. 7, 2014), 79 FR 68309 (Nov. 14,
2014) (SR-NASDAQ-2014-020).
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    In this proposed rule change, the Exchange proposes to change its
name and modify its investment objective and proposed investments.\6\
As stated in the Prior Release, the Fund is named the Eaton Vance
Global Dividend Income NextShares and its investment objective of the
Fund is to provide current income and long-term growth of capital. As
stated in the Prior Release, the Fund normally will invest primarily in
common stocks and, in Eaton Vance Management's (the ``Adviser'')
discretion, preferred stocks of U.S. and foreign companies that pay
dividends.
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    \6\ The changes described herein will be effective contingent
upon effectiveness of a post-effective amendment to the Registration
Statement of the Trust, on behalf of the Fund. The changes described
herein will not be implemented until such proposed rule change is
declared operative.
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    As proposed, the Fund will be renamed the Eaton Vance Global Income
Builder NextShares and the investment objective will be total return.
Under normal market conditions, the Fund will invest primarily in
common stocks, preferred stocks and other hybrid securities, and in
income instruments including cash or cash equivalents.\7\
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    \7\ Hybrid securities generally possess characteristics common
to both equity and debt securities. Preferred stocks, convertible
securities, and certain debt obligations are types of hybrid
securities. Income instruments include all types of fixed and
floating-rate bonds and notes; corporate commercial paper; mortgage-
backed and other asset-backed securities; inflation-indexed bonds
issued by both governments and corporations; structured notes;
loans; loan participations and assignments; delayed funding loans
and revolving credit facilities; and bank certificates of deposit,
fixed time deposits, and bank deposits.
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    Beyond the changes described above, there are no changes to any
other information included in the Prior Release; and all other facts
presented and representations made in the Prior Release remain true and
in effect. The Trust confirms that the Fund will continue to comply
with all initial listing requirements under Nasdaq Rule 5745.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \8\ in general, and Section 6(b)(5) of the Act \9\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The Exchange believes that the
proposed rule change to change the Fund's name and modify the Fund's
investment objective and proposed investments does not alter any of the
arguments contained in the Prior Release in support of the original
approval order that permitted the listing and trading of shares of the
Fund. The Exchange believes that the mechanisms supporting efficient
trading of NextShares are equally applicable across different asset
classes and investment strategies.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    As described in the Prior Release, the Exchange believes that the
proposed rule change is designed to prevent fraudulent and manipulative
acts and practices in that the NextShares will be listed and traded on
the Exchange pursuant to the initial and continued listing criteria in
Nasdaq Rule 5745. The Exchange believes that its surveillance
procedures are adequate to properly monitor the trading of NextShares
on Nasdaq and to deter and detect

violations of Exchange rules and the applicable federal securities
laws. The Adviser is affiliated with a broker-dealer and has
implemented a ``fire wall'' between the investment adviser and the
broker-dealer affiliate with respect to access to information
concerning the composition and/or changes to the Fund's portfolio
holdings. The Exchange may obtain information via ISG from other
exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement, to the
extent necessary.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest.
The Exchange will obtain a representation from the Trust that the NAV
per Share will be calculated on each business day that the New York
Stock Exchange is open for trading and that the NAV will be made
available to all market participants at the same time. In addition, a
large amount of information will be publicly available regarding the
Fund and the NextShares, thereby promoting market transparency.
    Prior to the commencement of market trading in NextShares, the Fund
will be required to establish and maintain a public Web site through
which its current prospectus may be downloaded. The Web site will
display additional Fund information updated on a daily basis, including
the prior business day's NAV, and the following trading information for
such business day expressed as premiums/discounts to NAV: (a) Intraday
high, low, average and closing prices of NextShares in Exchange
trading; (b) the Closing Bid/Ask Midpoint; and (c) the Closing Bid/Ask
Spread. The Web site will also contain charts showing the frequency
distribution and range of values of trading prices, Closing Bid/Ask
Midpoints and Closing Bid/Ask Spreads over time. The Composition File
will be disseminated through the NSCC before the open of trading in
NextShares on each business day and also will be made available to the
public each day on a free Web site. The Exchange will obtain a
representation from the Trust that the IIV will be calculated and
disseminated on an intraday basis at intervals of not more than 15
minutes during trading on the Exchange and provided to Nasdaq for
dissemination. A complete list of current portfolio positions for the
Fund will be made available at least once each calendar quarter, with a
reporting lag of not more than 60 days. The Fund may provide more
frequent disclosures of portfolio positions at their discretion.
    Transactions in NextShares will be reported to the Consolidated
Tape at the time of execution in proxy price format and will be
disseminated to member firms and market data services through Nasdaq's
trading service and market data interfaces, as described in the Prior
Release. Once the Fund's daily NAV has been calculated and the final
price of its intraday NextShares trades has been determined, Nasdaq
will deliver a confirmation with final pricing to the transacting
parties. At the end of the day, Nasdaq will also post a newly created
FTP file with the final transaction data for the trading and market
data services.
    The Exchange expects that information regarding NAV-based trading
prices and volumes of NextShares traded will be continuously available
on a real-time basis throughout each trading day on brokers' computer
screens and other electronic services. Because NextShares will trade at
prices based on the next-determined NAV, investors will be able to buy
and sell individual NextShares at a known premium or discount to NAV
that they can limit by transacting using limit orders at the time of
order entry.
    Trading in NextShares will be subject to Nasdaq Rules 5745(d)(2)(B)
and (C), which provide for the suspension of trading or trading halts
under certain circumstances, including if, in the view of the Exchange,
trading in NextShares becomes inadvisable.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
the Fund, which seeks to provide investors with access to an actively
managed investment strategy in a structure that offers the cost and tax
efficiencies and shareholder protections of ETFs, while removing the
requirement for daily portfolio holdings disclosure to ensure a tight
relationship between market trading prices and NAV.
    For the above reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. In fact, the
Exchange believes that the introduction of the Fund will promote
competition by making available to investors an actively managed
investment strategy in a structure that offers the cost and tax
efficiencies and shareholder protections of ETFs, while removing the
requirement for daily portfolio holdings disclosure to ensure a tight
relationship between market trading prices and NAV.
    Moreover, the Exchange believes that the proposed method of trading
in NextShares will provide investors with transparency of trading
costs, and the ability to control trading costs using limit orders,
that is not available for conventionally traded ETFs.
    These developments could significantly enhance competition to the
benefit of the markets and investors.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange argues that waiver of this requirement is
consistent with the protection of investors and the public interest
because the proposed changes to the Fund are consistent with the
Exchange arguments and Commission findings made in the Prior Release
for the listing and trading of NextShares on the Exchange. In the
context of the unique pricing and trading mechanisms of NextShares, the
Commission believes that waiver of the 30-day operative delay with
respect to these proposed changes to the Fund is

consistent with the protection of investors and the public interest and
hereby waives the 30-day operative delay and designates the proposed
rule change to be operative upon filing.\12\
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    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-041 on the subject line.

Paper comments

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

All submissions should refer to File Number SR-NASDAQ-2016-041. This
file number should be included on the subject line if email 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
10:00 a.m. and 3:00 p.m. Copies of this filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-041 and should
be submitted on or before April 18, 2016.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Brent J. Fields,
Secretary.
[FR Doc. 2016-06866 Filed 3-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17741-17743]
[FR Doc No: 2013-06570]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69154; File No. SR-BOX-2013-14]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Permit
the Minimum Price Variation for Mini Options To Be the Same as
Permitted for Standard Options on the Same Underlying Security

March 15, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 13, BOX Options Exchange LLC (the ``Exchange'') 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 self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule 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 proposes to amend BOX Rules 5050 (Series of Options
Contracts Open for Trading) and 7050 (Minimum Trading Increments) to
permit the minimum trading increment for Mini Options to be the same as
the minimum trading increment permitted for standard options on the
same underlying security. The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

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

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

1. Purpose
    The Exchange proposes to amend BOX Rule 5050 (Series of Options
Contracts Open for Trading) and 7050 (Minimum Trading Increments) to
permit the minimum trading increment for Mini Options to be the same as
the minimum trading increment permitted for standard options on the
same underlying security. This is a competitive filing that is based on
a proposal recently submitted by International Securities Exchange
(``ISE'') and approved by the Commission.\3\
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    \3\ See Securities Exchange Act Release No. 69124 (March 12,
2013) (Order Approving SR-ISE-2013-08).
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    The Exchange proposes to amend its rules to permit the minimum
trading increment for Mini Options to be the same as the minimum
trading increment permitted for standard options on the same underlying
security. Mini Options overlie 10 equity or ETF shares, rather than the
standard 100 shares.\4\ Mini Options are currently approved on the
following five (5) underlying securities: SPDR S&P 500 ETF (``SPY''),
Apple Inc. (``AAPL''), SPDR Gold Trust (``GLD''), Google Inc.
(``GOOG''), and Amazon.com, Inc. (``AMZN''). Of the five securities on
which Mini Options are permitted, four of them (SPY, AAPL, GLD and
AMZN) participate in the Penny Pilot Program.\5\ Under the Penny Pilot
Program, with the exception of three classes,\6\ the minimum price
variation for all participating options classes is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. Therefore, the minimum trading increment
for AAPL, GLD, and AMZN is $0.01 for option series under $3 and $0.05
for options quoted at $3 or greater, while the minimum trading
increment for SPY, which is not subject to a price test, is $0.01
across all option series. The Exchange notes that GOOG is not in the
Penny Pilot Program and therefore, standard options in GOOG have a
minimum increment of $0.05 and $0.10 per contract depending on the
price at which the standard option on GOOG is quoted.
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    \4\ See Securities Exchange Act Release No. 68771 (January 30,
2013), 78 FR 8208 (February 5, 2013) (Notice of Filing and Immediate
Effectiveness of SR-BOX-2013-07). The Exchange expects to begin
trading Mini Options on March 18, 2013.
    \5\ The Penny Pilot Program has been in effect on the Exchange
since its inception in May 2012. See Securities Exchange Act Release
Nos. 66871 (April 27, 2012) 77 FR 26323 (May 3, 2012) (File No.10-
206, In the Matter of the Application of BOX Options Exchange LLC
for Registration as a National Securities Exchange Findings,
Opinion, and Order of the Commission), and 67328 (June 29, 2012) 77
FR 40123 (July 6, 2012) (SR-BOX-2012-007). The Penny Pilot has been
extended and is currently in place through June 30, 2013. See
Securities Exchange Act Release No. 68425 (December 13, 2012), 77 FR
75234 (December 19, 2012) (Approving SR-BOX-2012-021).
    \6\ The three classes are the Nasdaq-100 Index Tracking Stock
(``QQQQ''), the SPDR S&P 500 ETF (``SPY'') and the iShares Russell
2000 Index Fund (``IWM''). QQQQ, SPY and IWM are quoted in $0.01
increments for all options series.
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    This proposed rule change will permit the minimum trading increment
for Mini Options to be identical to the minimum trading increment
applicable to standard options on the same underlying security. The
Exchange believes having different trading increments for Mini Options
than those permitted for standard options on the same underlying
security would be detrimental to the success of this new product
offering and would also lead to investor confusion. The Exchange notes
that the Commission approved Mini Options on SPY, AAPL, GLD, GOOG and
AMZN because of their high price and current volume levels and because
of the level of retail investor

participation in trading options on these underlying securities. Mini
Options are a natural extension to the options overlying these
securities and therefore should retain the most important
characteristic, i.e., trading increments. The Exchange believes that by
reducing the minimum trading increments for Mini Options, the proposed
rule change will provide market participants with meaningful trading
opportunities in this product. Further, quoting and trading in smaller
increments will enable market participants to trade Mini Options with
greater precision as to price. Providing these more refined increments
will permit the Exchange's market makers the opportunity to provide
better fills (meaning less spread than the current wider minimum
increments rules allow) to customers. Therefore, the Exchange proposes
to amend its rules to permit the listing and trading of Mini Options in
the same increment permitted for standard options on the same
underlying security.
    With this proposed rule change, although Mini Options would be
trading in narrower increments, they would not be considered part of
the Penny Pilot Program.
    The Exchange's proposal to quote and trade certain option classes
that are outside of the Penny Pilot Program in $0.01 increments is not
novel. Specifically, the Commission has permitted ISE to set the
minimum increment for all Foreign Currency Options traded on the
Exchange at $0.01 regardless of the price at which the option is
quoted.\7\ The Commission has also previously approved a proposal by
NASDAQ OMX PHLX, Inc. permitting that exchange to also trade its
foreign currency options in $0.01 increments.\8\
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    \7\ See Securities Exchange Act Release No. 57019 (December 20,
2007), 72 FR 73937 (December 28, 2007) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to Rule
710, Minimum Trading Increments) (SR-ISE-2007-120).
    \8\ See Securities Exchange Act Release No. 56933 (December 7,
2007), 72 FR 71185 (December 14, 2007) (Approving SR-PHLX-2007-70).
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    In support of this proposed rule change, the Exchange proposes to
amend BOX Rules 5050 and 7050. For BOX Rule 7050, the Exchange proposes
to add new subsection (c) to provide that the minimum trading increment
for Mini Options shall be determined in accordance with new subsection
(d) to IM-5050-10 to BOX Rule 5050. Proposed subsection (d) to IM-5050-
10 provides that the minimum trading increment for Mini Options shall
be the same as the minimum trading increment permitted for standard
options on the same underlying security.
    With regard to the impact of this proposal on system capacity, the
Exchange represents that it and the Options Price Reporting Authority
have the necessary systems capacity to handle the potential additional
traffic associated with this proposal. The Exchange does not believe
that this increased traffic will become unmanageable since Mini Options
are limited to a fixed number of underlying securities.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\9\ in general, and Section 6(b)(5) of the Act,\10\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest. In particular, the proposed rule change will assure
that standard options and Mini Options on the same underlying security
will trade in similar increments and therefore provide market
participants meaningful trading opportunities and enable them to trade
Mini Options with greater precision as to price. The Exchange also
believes the proposed rule change will avoid investor confusion if both
standard options and Mini Options on the same underlying security are
permitted to trade in similar trading increments. The Exchange further
believes that investors and other market participants will benefit from
this proposed rule change because it proposes to clarify and establish
the minimum trading increment for Mini Options prior to the
commencement of trading. The Exchange believes that investors generally
will be expecting the minimum trading increment for Mini Options to be
the same as the minimum trading increment for standard options on the
same underlying security. This proposed rule change will therefore
lessen investor confusion because Mini Options and standard options on
the same underlying security will have the same minimum trading
increment.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to a filing submitted by ISE that was recently
approved by the Commission.\11\ The Exchange believes that the proposed
rule change will in fact relieve any burden on, or otherwise promote,
competition. Mini Options are currently approved for trading on
multiple options exchanges and all of these exchanges will have the
opportunity to establish minimum trading increment for Mini Options.
---------------------------------------------------------------------------

    \11\ See supra, note 3.
---------------------------------------------------------------------------

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 comments on the
proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that the proposed rule change may
coincide

with the anticipated launch of trading in Mini Options. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\14\ Waiver of the
operative delay will allow the Exchange to implement its proposal
consistent with the commencement of trading in Mini Options as
scheduled and expected by members and other participants on March 18,
2013. For these reasons, the Commission designates the proposed rule
change as operative upon filing.
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-BOX-2013-14 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-BOX-2013-14. This file
number should be included on the subject line if email 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2013-14 and should be
submitted on or before April 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-06570 Filed 3-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63224-63225]
[FR Doc No: 2013-24798]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Pediatric Oncology Subcommittee of the Oncologic Drugs Advisory
Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Pediatric Oncology Subcommittee of the Oncologic
Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.

    Date and Time: The meeting will be held on November 5, 2013, from 8
a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person for More Information: Caleb Briggs, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.
    Agenda: During the morning session, there will be a presentation
and general discussion of the potential applicability of
pharmacological and cellular manipulation of the immune system, as a
potential therapeutic intervention in various pediatric cancers. The
recent, dramatic results of inhibition of the PD-1/PD-L1 axis and
checkpoint inhibitors on normal T cells in melanoma and other adult
cancers strongly suggest a potential role for such agents in the
management of childhood cancer. Information will be presented regarding
pediatric development plans for two products that are in late stage
development for various adult oncology indications. The subcommittee
will consider and discuss issues relating to the development of each
product for potential pediatric use and provide guidance to facilitate
the formulation of Written Requests for pediatric studies, if
appropriate. The two products under consideration are: (1) Nivolumab,
application submitted by Bristol-Myers Squibb Co. and (2) MK-3475,
application submitted by Merck Sharp & Dohme.
    During the afternoon session, information will be presented
regarding pediatric development plans for LEE011, application submitted
by Novartis Pharmaceuticals Corp., a product in early-stage development
for adult and pediatric oncology indications. The subcommittee will
consider and discuss issues relating to the development of this product
for possible pediatric use and provide guidance to facilitate the
formulation of Written Requests for pediatric studies, if appropriate.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the subcommittee.
Written submissions may be made to the contact person on or before
October 30, 2013. Oral presentations from the public will be scheduled
between approximately 10:15 a.m. to 10:45 a.m., and 1:20 p.m. to 1:50
p.m. Those individuals interested in making formal oral presentations
should notify the contact person and submit a brief statement of the
general nature of the evidence or arguments they wish to present, the
names and addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
October 28, 2013. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by October 29,
2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Caleb Briggs at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 10, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-24798 Filed 10-22-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 70935-70938]
[FR Doc No: 2013-28508]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0743; FRL-9903-46-OAR]

Notice of Availability of the Environmental Protection Agency's
2011 Emissions Modeling Platform

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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

SUMMARY: The Environmental Protection Agency (EPA) is providing notice
that the 2011 Emissions Modeling Platform data are available for public
review and comment. The 2011 Emissions Modeling Platform consists of
emissions inventory data, supporting data, and methods that are used to
process the 2011 National Emissions Inventory (NEI) and related data
into a form that can be used for air quality modeling. The platform, or
portions of the data that make up the platform, may be used by the
Office of Air and Radiation in several contexts, including the
development of rules related to the transport of air pollution and the
National Ambient Air Quality Standards. The platform may also be used
for other studies such as the National Air Toxics Assessment. The EPA
is requesting comment on the 2011 Emissions Modeling Platform,
including the emissions inventories and on the supporting data and
methods. A docket has been established to track the comments.

DATES: Comments must be received on or before March 31, 2014. Please
refer to SUPPLEMENTARY INFORMATION for additional information on
submitting comments and on the provided data.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0743, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for
submitting comments.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2013-0743.
     Mail: EPA Docket Center, WJC West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2013-0743, U.S. Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC
20460. Please include a total of 2 copies.
     Hand Delivery: U.S. Environmental Protection Agency, WJC
West (Air Docket), 1301 Constitution Avenue NW., Room 3334, Washington,
DC 20004, Attention Docket ID No. EPA-HQ- OAR-2013-0743. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0743. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses. For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not 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/DC, WJC West Building 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.

FOR FURTHER INFORMATION CONTACT: For questions on the 2011 platform and
on how to submit comments, contact Alison Eyth, Air Quality Assessment
Division, Environmental Protection Agency, C339-02, 109 T.W. Alexander
Drive, Research Triangle Park, NC 27709; telephone number: (919)541-
2478; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA is requesting comment on the 2011
platform emission inventories; supporting ancillary files used to
allocate emissions temporally, spatially, and by species; and on the
emissions modeling methods used to process the inventories into data
suitable for input to air quality models. Summaries of the emission
inventories and data are provided to aid in the review of the data, but
comments are sought on the actual data.

I. Additional Information on Submitting Comments

 A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to the EPA
through EDOCKET, www.regulations.gov, or email. Clearly mark the part
or all of the information that you claim to be CBI. For CBI information
in a disk or CD-ROM that you mail to the EPA docket office specified in
the Instructions, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the notification by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Explain your comments, why you agree or disagree; suggest
alternatives and substitute data that reflects your requested changes.
    iii. Describe any assumptions and provide any technical information
and/or data that you used.
    iv. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    v. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    vi. Make sure to submit your comments by the comment period
deadline identified.

B. Instructions for Agencies That Submit Data to the NEI

    1. Updates to the 2011 NEI. State, local, and tribal agencies that
submit data to the NEI via the Emissions Inventory System (EIS) are
encouraged to submit any updates to the 2011 emission inventory data
through EIS as described in http://www.epa.gov/ttn/chief/net/2011inventory.html#v2instructions. Updates to emission inventories, and
to model inputs used to develop mobile source emission inventories in
the NEI, should be submitted through EIS even in cases in which the
2011 modeling platform inventory data does not exactly match the NEI
data. Specific examples of non-matching data are given in Section II.
The EPA requests that agencies submitting updates via EIS also submit
to the docket a comment that describes the nature of, and rationale
for, the changes that were made in EIS to aid in the documentation of
changes to the inventories. These agencies do not need to submit to the
docket the actual updated emission inventory data or model inputs
already provided to EIS.
    2. Updates to Other Data. EIS can accept updates to some of the
categories of data for which EPA is requesting comments, but not for
all of the data that exists in the modeling platform. The types of data
that can be updated through EIS are noted below. Updates to all other
modeling platform data and comments on the methods used must be
provided through the docket. Additional details follow in Section I.C.

C. Instructions for Comments Not Submitted Through EIS

    The EPA can most effectively incorporate comments that provide
specific alternative values to those in the EPA data sets, and for
which accompanying documentation supports the alternative values.
Commenters should provide the alternative data at a level of detail
appropriate to the data set into which it will be incorporated, thereby
including all key fields needed to substitute the old data with the
new. For example, commenters should not provide a new set of county
total emissions as an alternative to more detailed point source
emissions data.
    Any alternative emission inventory or other data provided should be
compatible with the formats used by the Sparse Matrix Operator Kernel
Emissions (SMOKE) modeling system version 3.5, which is used by the EPA
to process emission inventories into a format that can be used for air
quality modeling. Formats are defined in the SMOKE Version 3.5 User's
Manual available from http://www.smoke-model.org. Only the rows of data
that have changed from those provided by the EPA should be included in
the alternative data sets.

II. Information Available for Public Comment

    The 2011 Emissions Modeling Platform consists of emission
inventories primarily based on the 2011 NEI version 1, additional
ancillary data files that are used to convert the NEI emissions into a
form that can be used for air quality modeling, along with the methods
used to prepare the air quality model inputs. The NEI represents
emissions of criteria and hazardous pollutants into the atmosphere from
all source categories within the United States. 2011 is the latest year
for which a complete NEI for all emission processes is available. These
complete, national emission inventories are prepared every three years
and are primarily based on data and inputs provided by state, local,
and tribal agencies for sources within their jurisdictions. The NEI
includes emissions from sources at specific locations called point
sources, emissions from fire events, and county-level emissions of
onroad mobile sources, nonroad mobile sources, and other nonpoint
sources.
    The 2011 emissions modeling platform is named for the year of the
data that it represents. The emission inventories in the modeling
platform are primarily based on the 2011 NEI version 1, although there
are some key differences between the platform inventories and the NEI.
First, in the modeling platform, the NEI inventories are split into
additional categories called modeling sectors. For example, the point
sources are split into peaking electric generating units (EGUs), other
EGUs, oil and gas sources, and other point sources. The nonpoint
sources are split into agricultural ammonia sources, residential wood
sources, oil and gas

sources, and other nonpoint sources. Other differences between the
platform inventories and the NEI are in the emission values for
commercial marine vessel emissions in specific areas, in the mobile
source emissions in California and Texas, and the inclusion of
additional ethanol plants in the modeling platform. Another difference
is in the onroad mobile source emissions inventory values due to the
use of different versions of the Motor Vehicle Emissions Simulator
(MOVES) in the two data sets.
    The 2011 emissions modeling platform also includes emissions
inventories for Canada and Mexico, along with ancillary data files used
to allocate annual emissions to the hourly, gridded emissions of
chemical species used by an air quality model (AQM). The types of
ancillary data files include temporal profiles that allocate annual and
monthly emissions down to days and hours, spatial surrogates that
allocate county-level emissions onto the grid cells used by an AQM, and
speciation profiles that allocate the pollutants in the NEI to the
chemical species used by an AQM. In addition, there are temporal,
spatial, and speciation cross-reference files that map the emission
sources in the emission inventories to the appropriate profiles based
on their location, emissions source classification code (SCC), and in
some cases the specific facility or unit.
    The 2011 emissions modeling platform, or portions of the data that
make up the platform, may be used by the Office of Air and Radiation in
several contexts including the development of rules related to the
transport of air pollution and the National Ambient Air Quality
Standards. Air quality modeling results that are based on the outputs
of the emissions modeling platform are typically used in support of
Regulatory Impact Analyses (RIAs) and sometimes support other aspects
of rulemaking. The platform may also be used for other studies such as
the National Air Toxics Assessment.
    The EPA has placed key information related to the 2011 emissions
modeling platform into the electronic docket available at
www.regulations.gov. However, many of the detailed data files are too
large to be directly uploaded into the electronic docket and/or are not
in formats accepted by that docket. Therefore, the information placed
in the electronic docket, associated detailed data, and summaries to
help with interpretation of the data are available for public review on
the CHIEF Emissions Modeling Clearinghouse on EPA's Web site at http://www.epa.gov/ttn/chief/emch/index.html#2011. Supplementary custom and
prepared summaries and extractions of the 2011 NEI, and documentation
thereof, are also available on EPA's Web site at http://www.epa.gov/ttn/chief/net/2011inventory.html.
    The emissions inventories, along with many of the ancillary files,
are provided in the form of flat files that can be input to SMOKE. Flat
files are comma-separated value style text files with columns and rows
that can be loaded into spreadsheet or database software. The columns
of interest in the emission inventory files are specified in each
subsection below. The EPA requests comment on the following components
of the 2011 emissions modeling platform data:
     Emission values. The emissions inventories used for the
modeling platform are largely consistent with the 2011 NEI version 1
but are split into smaller sectors for emissions modeling. The EPA
requests comment on both the criteria air pollutant (CAP) and hazardous
air pollutant (HAP) emissions in the modeling inventories. The annual
emissions values are located in the ANN--VALUE column of the emission
inventory files in Flat File 2010 (FF10) format. Some emission
inventories (e.g., nonroad) may also have values filled in to the
monthly value columns (e.g., JAN--VALUE, FEB--VALUE, [hellip], DEC--
VALUE). The EPA requests comment on both the annual and monthly
emissions values, where applicable. Summaries of emissions by state and
county are provided to aid in the review of emissions values. Because
the onroad emissions data differs from that in the NEI, and because of
the data volume, state-specific extractions of the onroad emissions
inventory data are provided. For EIS data submitters, updates to
emission values can be provided via EIS.
     Model inputs and activity data used to develop mobile
source emission inventories. The emission inventories in the NEI for
onroad and nonroad mobile sources are developed by running MOVES and
the National Mobile Inventory Model (NMIM), respectively. The EPA
requests comment on the model input data used to develop the mobile
source emission inventories. These include both the direct inputs to
MOVES used to create emission factors and the vehicle miles traveled
and vehicle population activity data used to compute the emissions.
Alternative activity data may be provided in MOVES county databases or
in SMOKE FF10 activity data format. For EIS data submitters, updates to
mobile source input databases can be provided via EIS.
     CEMS data differing from NEI values. In most cases, the
Continuous Emissions Monitoring System (CEMS) data for 2011 are very
close to the values in the 2011 NEI version 1 for specific units.
However, there are some cases for which the values are different, such
as when a CEMS only reports for part of the year. The EPA requests
comment on the specific instances in which the NEI data and CEMS data
are not consistent. A report specifying the sources that differ is
provided.
     Stack parameters. The release of emissions from stack-
based point sources are characterized with stack height, diameter,
temperature, and either flow or velocity. In the 2011 NEI version 1,
some sources are not adequately characterized with all of the needed
parameters. In some cases, the specified parameters do not seem
realistic given the volume of emissions exiting the stack. The EPA
requests comment on the stack parameters found in the STKHGT, STKDIAM,
STKTEMP, STKFLOW, and STKVEL columns of point source emission inventory
flat files. To facilitate review of this information, a stack parameter
summary is provided for EGU point sources and for non-EGU point sources
other than airports, fires, and commercial marine vessels. For EIS data
submitters, updates to stack parameters can be provided via EIS.
     Stack locations. The location of point sources is
specified by the values in the LATITUDE, LONGITUDE, and LL--DATUM
columns in point source emission inventory flat files. The EPA seeks
comment on these stack locations, which can be especially important in
the context of risk modeling. Stack locations are included in the stack
parameter summary. For EIS data submitters, updates to stack locations
can be provided via EIS.
     Existing control techniques. The 2011 NEI version 1
includes information on emissions control techniques listed in terms of
control codes submitted to the EIS. These are listed in the CONTROL--
IDS and CONTROL--MEASURES columns in the emission inventory data sets,
with levels of reduction in the ANN--PCT--RED column. Projection of
point source emissions to future years is dependent on this
information. The EPA seeks comment on whether information on existing
controls given in the inventory flat files is incomplete or erroneous.
Control techniques independent of pollutant are included in the stack
parameter summary. The flat files must be consulted for details of
control techniques by pollutant. For EIS data

submitters, updates to control techniques can be provided via EIS.
     Boiler design capacity. The EPA seeks comment on the
design capacity of boilers as characterized in the DESIGN--CAPACITY and
DESIGN--CAPACITY--UNITS columns of point source emission inventory flat
files. Design capacity is included in the stack parameter summary. For
EIS data submitters, updates to design capacities can be provided via
EIS.
     Emissions modeling methods. The EPA is using the SMOKE
version 3.5 to prepare data for air quality modeling. The EPA requests
comment on the methods by which SMOKE is used to develop air quality
model-ready emissions, as illustrated in the scripts provided with the
modeling platform.
     Temporal allocation. Annual emission inventories must be
allocated to hourly values prior to air quality modeling. This may be
done with temporal profiles in several steps, such as annual-to-month,
month-to-day, and day-to-hour. The exact method used depends on the
type of emissions being processed. The EPA seeks comment on the
allocation of the emission inventories to month, day, and hour for all
types of emission processes. In particular, the EPA seeks information
that could help improve the temporal allocation of emissions from EGUs,
onroad and nonroad mobile sources, and residential wood combustion
sources. The EPA seeks to continue to improve temporal allocation
factors with additional local and region-specific data. In addition to
providing temporal allocation data as SMOKE input files, spreadsheets
containing temporal allocation factors and cross references are
provided for readability.
     Spatial surrogates. Spatial surrogates are used to
allocate county-level emissions into grid cells used for air quality
modeling. The EPA requests comment on the spatial surrogates used in
the 2011 emissions modeling platform. Plots of spatial surrogates and a
spreadsheet containing the spatial cross reference data are provided
for readability.
     Chemical speciation. Prior to air quality modeling, the
pollutants in the emission inventories must be converted into the
chemical species used by the air quality model using speciation
profiles. The speciation profiles in the 2011 emissions modeling
platform are consistent with version 4.5 of the SPECIATE database. The
EPA requests comment on the speciation profiles used in the 2011
modeling platform, as well as any information that could help improve
the speciation of oil and gas emissions in both the eastern and western
United States. In addition to providing chemical speciation data as
SMOKE input files, spreadsheets containing chemical speciation factors
and cross references are provided for readability.
    To aid in the interpretation of the provided data files and how
they relate to the aspects of the data on which the EPA is requesting
comment, the EPA has provided in the docket a document describing the
information included in the provided data files.

    Dated: November 20, 2013.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2013-28508 Filed 11-26-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11830-11832]
[FR Doc No: 2016-04891]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The effective date of June 16, 2016 which has been established
for the FIRM and, where applicable, the supporting FIS report showing
the new or modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the effective date indicated
above.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Mitigation has resolved any appeals
resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 2, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

I. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Mohave County, Arizona, and Incorporated Areas
                         Docket No.: FEMA-B-1502
------------------------------------------------------------------------
Unincorporated Areas of Mohave County..  County Administration Building,
                                          700 West Beale Street,
                                          Kingman, AZ 86401.
------------------------------------------------------------------------

            Cumberland County, New Jersey (All Jurisdictions)
                         Docket No.: FEMA-B-1471
------------------------------------------------------------------------
Borough of Shiloh......................  Clerk's Office, 900 Main
                                          Street, Shiloh, NJ 08353.
City of Bridgeton......................  Construction Code Office, 181
                                          East Commerce Street,
                                          Bridgeton, NJ 08302.
City of Millville......................  Clerk's Office, 12 South High
                                          Street, Millville, NJ 08332.
City of Vineland.......................  Planning Department, 640 East
                                          Wood Street, Vineland, NJ
                                          08360.
Township of Commercial.................  Commercial Township Code
                                          Enforcement Office, 1768 Main
                                          Street, Port Norris, NJ 08349.
Township of Deerfield..................  Deerfield Township Hall, 736
                                          Landis Avenue, Rosenhayn, NJ
                                          08352.
Township of Downe......................  Downe Township Hall, 288 Main
                                          Street, Newport, NJ 08345.
Township of Fairfield..................  Fairfield Township Construction
                                          Office, 70 Fairton Gouldtown
                                          Road, Fairton, NJ 08320.
Township of Greenwich..................  Emergency Management Building,
                                          1000 Ye Greate Street,
                                          Greenwich, NJ 08323.
Township of Hopewell...................  Hopewell Township Municipal
                                          Building, 590 Shiloh Pike,
                                          Bridgeton, NJ 08302.
Township of Lawrence...................  Lawrence Township Construction
                                          Code Office, 357 Main Street,
                                          Cedarville, NJ 08311.
Township of Maurice River..............  Maurice River Township
                                          Construction and Zoning
                                          Office, 590 Main Street,
                                          Leesburg, NJ 08327.
Township of Stow Creek.................  Stow Creek Township Clerk's
                                          Office, 900 Main Street,
                                          Shiloh, NJ 08353.
Township of Upper Deerfield............  Upper Deerfield Township
                                          Municipal Building, 1325
                                          Highway 77, Seabrook, NJ
                                          08302.
------------------------------------------------------------------------
              Salem County, New Jersey (All Jurisdictions)
                         Docket No.: FEMA-B-1471
------------------------------------------------------------------------
Borough of Elmer.......................  Borough Hall, 120 South Main
                                          Street, Elmer, NJ 08318.
Borough of Penns Grove.................  Borough Hall, 1 State Street,
                                          Penns Grove, NJ 08069.
Borough of Woodstown...................  25 West Avenue, Woodstown, NJ
                                          08098.
City of Salem..........................  17 New Market Street, Salem, NJ
                                          08079.
Township of Alloway....................  49 South Greenwich Street,
                                          Alloway, NJ 08001.
Township of Carneys Point..............  303 Harding Highway, Carneys
                                          Point, NJ 08069.
Township of Elsinboro..................  Elsinboro Township Municipal
                                          Building, 619 Salem Fort-
                                          Elfsborg Road, Salem, NJ
                                          08079.
Township of Lower Alloways Creek.......  Township of Lower Alloways
                                          Creek, 501 Locust Island Road
                                          Hancock's Bridge, NJ 08038.
Township of Mannington.................  Town Hall, 491 Route 45,
                                          Mannington, NJ 08079.
Township of Oldmans....................  Township of Oldmans,
                                          Pedricktown Hall, 40 Freed
                                          Road, Pedricktown, NJ 08067.
Township of Pennsville.................  Town Hall, 90 North Broadway,
                                          Pennsville, NJ 08070.
Township of Pilesgrove.................  Municipal Building, 1180 Route
                                          40, East, Pilesgrove, NJ
                                          08098.
Township of Pittsgrove.................  Municipal Building, 989
                                          Centerton Road, Pittsgrove, NJ
                                          08318.
Township of Quinton....................  Municipal Building, 885 Quinton
                                          Road, Quinton, NJ 08072.
Township of Upper Pittsgrove...........  Township of Upper Pittsgrove,
                                          431 Route 77, Woodstown, NJ
                                          08318.
------------------------------------------------------------------------
              Delaware County, New York (All Jurisdictions)
                         Docket No.: FEMA-B-1419
------------------------------------------------------------------------
Town of Andes..........................  Town Hall, 115 Delaware Avenue,
                                          Andes, NY 13731.
Town of Bovina.........................  Bovina Town Clerk's Office,
                                          1866 County Highway 6, Bovina
                                          Center, NY 13740.
Town of Colchester.....................  Colchester Town Hall, 72
                                          Tannery Road, Downsville, NY
                                          13755.
Town of Delhi..........................  Town Clerk's Office, 5 Elm
                                          Street, Delhi, NY 13753.
Town of Franklin.......................  Town Hall, 554 Main Street,
                                          Franklin, NY 13775.
Town of Hamden.........................  Town Hall, Corner of Route 10
                                          and Covert Hollow Road,
                                          Hamden, NY 13782.
Town of Harpersfield...................  Town Hall, 25399 State Highway
                                          23, Harpersfield, NY 13786.
Town of Kortright......................  Kortright Town Hall, 51702
                                          State Highway 10, Bloomville,
                                          NY 13739.
Town of Meredith.......................  Town Hall, 4247 Turnpike Road,
                                          Meredith, NY 13806.
Town of Middletown.....................  Middletown Building and Zoning
                                          Office, 42339 State Highway
                                          28, Margaretville, NY 12455.
Town of Roxbury........................  Town Hall, 53690 State Highway
                                          30, Roxbury, NY 12474.
Town of Stamford.......................  Stamford Town Hall, 101 Maple
                                          Avenue, Hobart, NY 13788.
Town of Tompkins.......................  Tompkins Town Hall, 148 Bridge
                                          Street, Trout Creek, NY 13847.
Town of Walton.........................  Town Hall, 129 North Street,
                                          Walton, NY 13856.
Village of Delhi.......................  Village Hall, 9 Court Street,
                                          Delhi, NY 13753.
Village of Fleischmanns................  Village Hall, 1017 Main Street,
                                          Fleischmanns, NY 12430.
Village of Hobart......................  Community Center, 80 Cornell
                                          Avenue, Hobart, NY 13788.
Village of Margaretville...............  Village Hall, 773 Main Street,
                                          Margaretville, NY 12455.
Village of Stamford....................  Village Hall, 84 Main Street,
                                          Stamford, NY 12167.

Village of Walton......................  Village Hall, 21 North Street,
                                          Walton, NY 13856.
------------------------------------------------------------------------

[FR Doc. 2016-04891 Filed 3-4-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30902-30903]
[FR Doc No: 2012-12491]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0112; FRL-9674-2]

Partial Approval and Promulgation of Implementation Plans;
Washington: Infrastructure Requirements for the 1997 8-Hour Ozone
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is partially approving the State Implementation Plan (SIP)
submittal from the State of Washington to demonstrate that the SIP
meets the requirements of section 110(a)(1) and (2) of the Clean Air
Act (CAA) for the National Ambient Air Quality Standard (NAAQS)
promulgated for ozone on July 18, 1997. EPA finds that the current
Washington SIP meets the following 110(a)(2) infrastructure elements
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M), except for portions related to the major
source Prevention of Significant Deterioration (PSD) permitting program
which is implemented under a Federal Implementation Plan.

DATES: This action is effective on June 25, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2012-0112. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information may not be 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 EPA
Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. EPA requests that you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206)
553-0256, email address<EMAIL_ADDRESS>or the above EPA, Region 10
address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Background
II. Scope of Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA
revised the ozone NAAQS to provide an 8-hour averaging period which
replaced the previous 1-hour averaging period, and the level of the
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR
38856). The CAA requires SIPs meeting the requirements of sections
110(a)(1) and (2) be submitted by states within 3 years after
promulgation of a new or revised standard. Sections 110(a)(1) and (2)
require states to address basic SIP requirements, including emissions
inventories, monitoring, and modeling to assure attainment and
maintenance of the standards, so-called ''infrastructure''
requirements. To help states meet this statutory requirement for the
1997 8-hour ozone NAAQS, EPA issued guidance to address infrastructure
SIP elements under section 110(a)(1) and (2).\1\ In the case of the
1997 8-hour ozone NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous ozone standards. The State of Washington
submitted a certification to EPA on January 24, 2012, certifying that
Washington's SIP meets the infrastructure obligations for the 1997 8-
hour ozone NAAQS. The certification included an analysis of
Washington's SIP as it relates to each section of the infrastructure
requirements with regard to the 1997 8-hour ozone NAAQS. On March 6,
2012, EPA published a notice of proposed rulemaking (NPR) for the State
of Washington (77 FR 13238) to partially approve the state's
infrastructure SIP for the 1997 ozone NAAQS. Specifically in the NPR,
EPA proposed approval of Washington's SIP as meeting the requirements
for the following 110(a)(2) infrastructure elements for the 1997 8-hour
ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M), except for portions related to the major source Prevention of
Significant Deterioration (PSD) permitting program which is implemented
under a Federal Implementation Plan codified at 40 CFR 52.2497. Also,
as discussed in the NPR, this action does not address 110(a)(2)(D)(i)
and 110(a)(2)(I). The public comment period for EPA's NPR closed on
April 5, 2012. EPA received no comments on the proposed action.
Accordingly, EPA is taking final action to approve the provisions as
discussed in the NPR.
---------------------------------------------------------------------------

    \1\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards. ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X,
October 2, 2007.
---------------------------------------------------------------------------

II. Scope of Action

    This partial SIP approval does not extend to sources or activities
located in ''Indian Country'' as defined in 18 U.S.C. 1151.\2\
Consistent with previous Federal program approvals or delegations, EPA
will continue to implement the Act in Indian Country because Washington
did not adequately demonstrate authority over sources and activities
located within the exterior boundaries of Indian reservations and other
areas of Indian Country. The one exception is within the exterior
boundaries of the Puyallup Indian Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe of Indians Settlement Act of
1989, 25 U.S.C. 1773, Congress explicitly provided state and local
agencies in Washington authority over activities on non-trust lands
within the 1873 Survey Area. Therefore, EPA's proposed SIP approval
applies to sources and activities on nontrust lands within the 1873
Survey Area.
---------------------------------------------------------------------------

    \2\ ''Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation, (2) all dependent Indian communities within the
borders of the United States, whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats
as reservations trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation.
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the January 24, 2012, SIP submittal from the State
of Washington to demonstrate that the SIP meets the requirements of
section 110(a)(1) and (2) of the CAA for the NAAQS promulgated for
ozone on July 18, 1997. EPA is approving the following section
110(a)(2) infrastructure elements for Washington

for the 1997 ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M), except for portions related to the major source
Prevention of Significant Deterioration (PSD) permitting program which
is implemented under a Federal Implementation Plan codified at 40 CFR
52.2497. EPA is taking no action on infrastructure elements (D)(i) and
(I) for the 1997 ozone NAAQS. This action is being taken under section
110 of the CAA.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 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 state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 23, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 4, 2012.
Michelle L. Pirzadeh,
Deputy Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart WW--Washington

0
2. Section 52.2491 is added to read as follows:

Sec.  52.2491  Section 110(a)(2) infrastructure requirements.

    On January 24, 2012, Washington Department of Ecology submitted a
certification to address the requirements of CAA Section 110(a)(1) and
(2) for the 1997 8-hour ozone NAAQS. EPA approves the submittal as
meeting the following 110(a)(2) infrastructure elements for the 1997 8-
hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M), except for portions related to the major source
Prevention of Significant Deterioration (PSD) permitting program which
is implemented under a Federal Implementation Plan codified at 40 CFR
52.2497.

[FR Doc. 2012-12491 Filed 5-23-12; 8:45 a.m.]
BILLING CODE 6560-50-P