[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27543-27546]
[FR Doc No: 2021-10783]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0334; FRL-10023-73-Region 7]

Air Plan Approval; Missouri; Restriction of Emissions From
Lithographic and Letterpress Printing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
received on November 10, 2020. The submission revises a Missouri
regulation that restricts volatile organic compound emissions from
lithographic and letterpress printing operations in the St. Louis
Metropolitan Area. Specifically, the state has revised this rule in
order to clarify rule applicability, update incorporation by reference
information, update test method reference, clarify definitions, and
remove the unnecessary use of restrictive words to improve clarity.
Approval of these revisions will ensure consistency between state and
federally-approved rules.

DATES: Comments must be received on or before June 21, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0334 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be

posted without change to https://www.regulations.gov/, including any
personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
``Written Comments'' heading of the SUPPLEMENTARY INFORMATION section
of this document.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental
Protection Agency, Region 7 Office, Air Permitting Standards Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913)
551-7041; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What is the EPA's analysis of Missouri's SIP revision request?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0334, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Missouri SIP
received on November 10, 2020. The revisions are to Title 10, Division
10 of the Code of State Regulations, 10 CSR 10-5.442 ``Control of
Emissions From Lithographic and Letterpress Printing Operations'',
which establishes emission limits for volatile organic compounds (VOCs)
from lithographic and letterpress printing operations in St. Louis City
and Jefferson, Franklin St. Louis, and St. Charles Counties
(hereinafter referred to in this document as the ``St. Louis Area'').
10 CSR 10-5.442 is SIP approved in the Code of Federal Regulations at
40 CFR 52.1320(c).
    These revisions, as discussed in section IV of this document, are
largely administrative in nature and do not have a negative impact on
air quality. The EPA's full analysis of the revisions is described in
the technical support document (TSD) included in the docket for this
action.
    Missouri received five comments (four from the EPA) during the
comment period. Missouri responded to all five comments, as noted in
the State submission included in the docket for this action.
    The EPA is proposing to approve the revisions to this rule because
it meets the requirements of the Clean Air Act and will not have a
negative impact on air quality.

III. Background

    The EPA approved 10 CSR 10-5.442 ``Control of Emissions From
Lithographic and Letterpress Printing Operations'', into the Missouri
SIP as a reasonably available control technology (RACT) rule for the
St. Louis area on January 23, 2012 (January 23, 2012, 77 FR 3144). 10
CSR 10-5.442 is SIP approved in the Code of Federal Regulations at 40
CFR 52.1320(c). Amendments to this state rule that became effective
August 30, 2011, addressed an updated Control Techniques Guideline
issued by the EPA in September 2006 for Offset Lithographic Printing
and Letterpress Printing. These amendments provided more stringent RACT
control levels and represent RACT under the 8-hour ozone National
Ambient Air Quality Standards (NAAQS) in effect at the time of approval
into the SIP by the EPA in January 2012.

IV. What is the EPA's analysis of Missouri's SIP revision request?

    In 2019, Missouri revised 10 CSR 10-5.442 to include a date in the
applicability section. As a result of the EPA's comment on the state's
proposed rule revisions, Missouri revised the applicability date of
this rule to apply to sources existing at the time when the most recent
amendments to the rule, as approved into the SIP, became effective.
Specifically, Missouri revised subsection (1)(A) to specify the
applicability date of the rule for installations existing on August 30,
2011, in accordance with section 172(c)(1) of the CAA.\1\
---------------------------------------------------------------------------

    \1\ The EPA agrees with Missouri's interpretation of CAA section
172(c)(1) in regard to whether RACT is required for existing
sources, but also notes that the State regulation establishing RACT
may apply to new sources as well, dependent upon the State
regulation's language.
---------------------------------------------------------------------------

    Additionally, the revisions to the rule text submitted by Missouri
on November 10, 2020, do not alter the control requirements for
installations already subject to the rule. Furthermore, any new sources
or major modifications of existing sources are subject to new source
review (NSR) permitting. Under NSR, a new major source or major
modification of an existing source with a PTE of 250 tons per year
(tpy) \2\ or more of any National Ambient Air Quality Standard (NAAQS)
pollutant is required to obtain a Prevention of Significant
Deterioration (PSD) permit when the area is in attainment or
unclassifiable, which requires an analysis of Best Available Control
Technology (BACT) in addition to an air quality analysis and an
additional impacts analysis. Sources with a PTE greater than 100 tpy,
but less than 250 tpy,\3\ are required to obtain a minor permit in
accordance with Missouri's NSR permitting program, which is approved
into the SIP.\4\ Further, a new major source or major modification of
an existing source with a PTE of 100 tpy or more of any NAAQS pollutant
is required to obtain a nonattainment (NA) NSR permit when the area is
in nonattainment, which requires an analysis of Lowest Achievable
Emission Rate (LAER) in addition to an air quality analysis, an
additional impacts analysis and emission offsets. Other revisions to
the rule are administrative in nature. See the TSD included in the
docket for this action for the EPA's full analysis of the rule
revisions submitted by Missouri on November 10, 2020.
---------------------------------------------------------------------------

    \2\ The PSD major source threshold for certain sources is 100
tpy rather than 250 tpy (see 40 CFR 52.21(b)(1)(i)(a) and 10 CSR 10-
6.060(8)(A)).
    \3\ Except for those sources with a PSD major source threshold
of 100 tpy.
    \4\ EPA's latest approval of Missouri's NSR permitting program
rule was published in the Federal Register on October 11, 2016 (81
FR 70025).
---------------------------------------------------------------------------

V. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR

51.102. The submission also satisfied the completeness criteria of 40
CFR part 51, appendix V. The state provided public notice of the
revisions from May 01, 2019, to August 01, 2019, and held a public
hearing on July 25, 2019. The state received and addressed five
comments (four being from the EPA). As explained in more detail in the
TSD which is part of this docket, the SIP revision submission meets the
substantive requirements of the CAA, including section 110 and
implementing regulations.

VI. What action is the EPA taking?

    The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-5.442, ``Control of Emissions From
Lithographic and Letterpress Printing Operations.'' Approval of these
revisions will ensure consistency between state and federally-approved
rules. The EPA has determined that these changes meet the requirements
of the Clean Air Act and will not have a negative impact to air
quality.
    The EPA is processing this as a proposed action because we are
soliciting comments on the action. Final rulemaking will occur after
consideration of any comments.

VII. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri State Implementation Plan
described in the proposed amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 7 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), 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, the EPA's role is to approve state
choices, if they meet the criteria of the CAA. Accordingly, this action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.

    Dated: May 17, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
entry ``10-5.442'' to read as follows:

Sec.  52.1320   Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           State
          Missouri citation                        Title              effective date        EPA approval date                    Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Missouri Department of Natural Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
                       Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
10-5.442.............................  Control of Emissions from          01/30/2020  [Date of publication of the
                                        Lithographic and Letterpress                   final rule in the Federal
                                        Printing Operations.                           Register], [Federal Register
                                                                                citation of the final rule].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-10783 Filed 5-20-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53882-53883]
[FR Doc No: 2012-21642]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER12-1928-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Response of Midwest Independent Transmission System
Operator, Inc. to the Commission's deficiency letter.
    Filed Date: 8/27/12.
    Accession Number: 20120827-5059.
    Comments Due: 5 p.m. ET 9/17/12.

    Docket Numbers: ER12-2523-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Brownton-GRE-NSP T-T to be effective 7/31/2012.
    Filed Date: 8/27/12.
    Accession Number: 20120827-5065.
    Comments Due: 5 p.m. ET 9/17/12.

    Docket Numbers: ER12-2524-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Sheas Lake-GRE-NSP T-T to be effective 8/10/2012.
    Filed Date: 8/27/12.
    Accession Number: 20120827-5068.
    Comments Due: 5 p.m. ET 9/17/12.

    Docket Numbers: ER12-2525-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Revisions to Schedule 11--Base Plan Zonal Charge and
Region Wide Charge to be effective 11/1/2012.
    Filed Date: 8/27/12.
    Accession Number: 20120827-5084.
    Comments Due: 5 p.m. ET 9/17/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21642 Filed 8-31-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Notices]
[Page 15450-15451]
[DOCID:fr29mr10-80]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1883-DR; Docket ID FEMA-2010-0002]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-1883-DR), dated March 5, 2010,
and related determinations.

DATES: Effective Date: March 5, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 5, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from a severe winter storm during the period
of January 28-30, 2010, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gregory W. Eaton, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Alfalfa, Caddo, Cleveland, Comanche, Cotton, Delaware, Dewey,
Ellis, Grady, Greer, Harmon, Haskell, Hughes, Jackson, Kiowa,
LeFlore, McClain, Muskogee, Okmulgee, Pontotoc, Pottawatomie, Roger
Mills, Seminole, Stephens, and Washita Counties for Public
Assistance.
    All counties within the State of Oklahoma are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-6958 Filed 3-26-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23093-23095]
[FR Doc No: 2020-08697]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88696; File No. SR-NYSEArca-2020-01]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Amend the NYSE Arca Rule 11.6800 Series, the Exchange's
Compliance Rule Regarding the National Market System Plan Governing the
Consolidated Audit Trail

April 20, 2020.

I. Introduction

    On January 3, 2020, NYSE Arca, Inc. (``NYSE Arca'' or ``the
Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the Exchange's compliance rules regarding
the National Market System Plan Governing the Consolidated Audit Trail
(``CAT NMS Plan'').\3\ The proposed rule change was published for
comment in the Federal Register on January 23, 2020.\4\ On March 5,
2020, the Commission extended the time period within which to approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether to approve or disapprove the
proposed rule change, to April 22, 2020.\5\ The Commission received no
comments on the proposal. This order institutes proceedings pursuant to
Exchange Act Section 19(b)(2)(B) to determine whether to approve or

disapprove File No. SR-NYSEArca-2020-01.\6\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The CAT NMS Plan was approved by the Commission, as
modified, on November 15, 2016. See Securities Exchange Act Release
No. 79318 (November 15, 2016), 81 FR 84696 (November 23, 2016).
    \4\ See Securities Exchange Act Release No. 87987 (January 16,
2020), 85 FR 4011 (``Notice'').
    \5\ See Securities Exchange Act Release No. 88330, 85 FR 14284
(March 11, 2020).
    \6\ 15 U.S.C. 78(s)(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Rule 11.6800 Series
(``Compliance Rule''), which sets forth rules regarding Industry Member
\7\ compliance with the CAT NMS Plan. Specifically, the proposed rule
change would make the following changes to the Compliance Rule to be
consistent with certain proposed amendments to and exemption requests
submitted by the Participants \8\ of the CAT NMS Plan: (1) Revise data
reporting requirements for the Firm Designated ID \9\ based on a
proposed amendment to the CAT NMS Plan filed with the Commission; \10\
(2) amend the dates for required testing and reporting in the
Compliance Rule for Industry Member reporting; \11\ (3) amend the rules
to require Industry Members to submit trade reports for executions and
cancellations for cancelled trades to the FINRA's Trade Reporting
Facilities, FINRA's OTC Reporting Facility or FINRA's Alternative
Display Facility; \12\ (4) revise the timestamp granularity requirement
to require Industry Members with order handling or execution systems
that utilize time stamps in increments finer than milliseconds to
report timestamps up to nanoseconds when reporting Industry Member data
\13\ to the Central Repository; \14\ (5) revise the reporting
requirements for circumstances in which an Industry Member uses an
established trading relationship for an individual Customer, instead of
an account, on the order reported to CAT; \15\ and (6) revise the CAT
reporting requirements so Industry Members would not be required to
report to the Central Repository dates of birth, social security
numbers, or account numbers for individuals.\16\
---------------------------------------------------------------------------

    \7\ Industry Member means a member of a national securities
exchange or a member of a national securities association. See CAT
NMS Plan, supra note 3, at Section 1.1. See also proposed NYSE Arca
Rule 11.6810(s).
    \8\ The Participants include BOX Exchange LLC, Cboe BYX
Exchange, Inc., Cboe BZX Exchange, Inc., Cboe C2 Exchange, Inc.,
Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange,
Inc., Financial Industry Regulatory Authority, Inc., Investors'
Exchange LLC, Long-Term Stock Exchange, Inc., Miami International
Securities Exchange LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, Nasdaq
BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq
PHLX LLC, The Nasdaq Stock Market LLC, New York Stock Exchange LLC,
NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE
National, Inc.
    \9\ As proposed, ``Firm Designated ID'' would mean a unique and
persistent identifier for each trading account designated by
Industry Members for purposes of providing data to the Central
Repository, where each such identifier is unique among all
identifiers from any given Industry Member; provided, however, such
identifier may not be the account number for such trading account if
the trading account is not a proprietary account. See proposed NYSE
Arca Rule 11.6810(r).
    \10\ See Notice, supra note 4, at 4012. See also Letter to
Vanessa Countryman, Secretary, SEC, from Michael Simon, CAT NMS Plan
Operating Committee Chair re: Notice of Filing of Amendment to the
National Market System Plan Governing the Consolidated Audit Trail
(April 14, 2020). The Commission has not approved or disapproved the
changes proposed in this amendment.
    \11\ See Notice, supra note 4, at 4016-4020. On February 19,
2020, the Participants submitted a request for exemptive relief from
the reporting dates required by the CAT NMS Plan. See Letter to
Vanessa Countryman, Secretary, SEC, from Michael Simon, CAT NMS Plan
Operating Committee Chair, re: Request for Exemption from Provisions
of the National Market System Plan Governing the Consolidated Audit
Trail related to Industry Member Reporting Dates (Feb. 19, 2020).
    \12\ See Notice, supra note 4, at 4020. On February 12, 2020,
the Participants submitted a request for exemptive relief from the
requirement in Sections 6.4(d)(ii)(A)(2) and (B) of the CAT NMS Plan
to require Industry Members to record and report, if an order is
executed, the SRO-Assigned Market Participant Identifier of the
clearing broker, and if a trade is cancelled, the cancelled trade
indicator. See Letter to Vanessa Countryman, Secretary, SEC, from
Michael Simon, CAT NMS Plan Operating Committee Chair, re: Request
for Exemption from Certain Provisions of the National Market System
Plan Governing the Consolidated Audit Trail related to FINRA
Facility Data Linkage (Feb. 12, 2020). If granted, the exemptive
relief would revise CAT reporting requirements regarding cancelled
trades and SRO-Assigned Market Participant Identifiers of clearing
brokers, if applicable, in connection with order executions, as such
information would be available from FINRA's trade reports submitted
to CAT.
    \13\ See Notice, supra note 4, at 4021. On February 3, 2020, the
Participants filed a request for exemptive relief from the current
CAT NMS Plan requirement to record and report Industry Member Data
with time stamps consistent with their system, a requirement from
which the Exchange requests an exemption. See Letter to Vanessa
Countryman, Secretary, SEC, from Michael Simon, CAT NMS Plan
Operating Committee Chair, re: Request for Exemption from Certain
Provisions of the National Market System Plan Governing the
Consolidated Audit Trail related to Granularity of Timestamps and
Relationship Identifiers (Feb. 3, 2020). On April 8, 2020, the
Commission granted the exemptive relief for timestamp granularity.
See Securities Exchange Act Release No. 88608 (April 8, 2020), 85 FR
20743 (April 14, 2020).
    \14\ The Central Repository, as defined in the CAT NMS Plan,
means ``the repository responsible for the receipt, consolidation,
and retention of all information reported to the CAT pursuant to SEC
Rule 613 and this Agreement.'' See CAT NMS Plan, supra note 3, at
Section 1.1.
    \15\ See Notice, supra note 4, at 4021. On February 3, 2020, the
Participants filed a request for exemptive relief from the CAT NMS
Plan requirement that Participants, through their Compliance Rules,
require Industry Members to record and report to the Central
Repository the account number, the date account opened, and the
account type for individual customers in circumstances in which an
Industry Member uses an established trading relationship for the
individual customer. Instead, the Participant would require Industry
Members to record and report to the Central Repository for the
original receipt or origination of an order: (i) The relationship
identifier instead of the account number, (ii) the ``account type''
as a ``relationship'', and (3) the account effective date instead of
the ``date account opened.'' See Letter to Vanessa Countryman,
Secretary, SEC, from Michael Simon, CAT NMS Plan Operating Committee
Chair, re: Request for Exemption from Certain Provisions of the
National Market System Plan Governing the Consolidated Audit Trail
related to Granularity of Timestamps and Relationship Identifiers
(Feb. 3, 2020).
    \16\ See Notice, supra note 4, at 4022. The Participants
requested and have received exemptive relief from the requirement of
Section 6.4(d)(ii)(C) of the CAT NMS Plan for the Participants, in
their Compliance Rules, to require their members to provide dates of
birth, account numbers and social security numbers for individuals
to the CAT. See Securities Exchange Act Release No. 88393 (March 17,
2020), 85 FR 16152 (March 20, 2020). See also Letter to Vanessa
Countryman, Secretary, SEC, from Michael Simon, CAT NMS Plan
Operating Committee Chair, re: Request for Exemptive Relief from
Certain Provisions of the CAT NMS Plan related to Social Security
Numbers, Dates of Birth and Account Numbers (Jan. 29, 2020).
---------------------------------------------------------------------------

    The Exchange also proposes to amend the Exchange's Compliance Rule
to facilitate the retirement of certain existing regulatory systems,
specifically the Financial Industry Regulatory Authority, Inc.'s
(``FINRA'') Order Audit Trail System, by adding additional data
elements to the CAT reporting requirements for Industry Members,\17\
additional reporting requirements for alternative trading systems,\18\
and additional data elements related to OTC Equity Securities \19\ that
FINRA currently receives from alternative trading systems that trade
OTC Equity Securities.\20\
---------------------------------------------------------------------------

    \17\ See Notice, supra note 4, at 4012-13.
    \18\ See Notice, supra note 4, at 4013-15.
    \19\ OTC Equity Security, as defined in the CAT NMS Plan, means
any equity security, other than an NMS Security, subject to prompt
last sale reporting rules of a registered national securities
association and reported to one of such association's equity trade
reporting facilities. See CAT NMS Plan, supra note 3, at Section
1.1.
    \20\ See Notice, supra note 4, at 4015.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \21\ to determine whether the proposed rule
change should be approved or disapproved. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, the Commission seeks and
encourages interested persons to provide additional comment on the
proposed rule change to inform the Commission's analysis of whether to
approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\22\ the Commission is
providing

notice of the grounds for possible disapproval under consideration. The
Commission is instituting proceedings to allow for additional analysis
of the proposed rule change's consistency with Section 6(b)(5) of the
Act,\23\ which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``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.'' \24\ The
Commission believes that several of the proposed rule changes are not
consistent with the CAT NMS Plan or exemptive relief that has been
granted as of the date of this Order.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Commission's Solicitation of Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) \25\ or any other provision of the Act,
or the rules and regulations thereunder. Although there do not appear
to be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4 under the Act,\26\ any
request for an opportunity to make an oral presentation.\27\
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b)(5).
    \26\ 17 CFR 240.19b-4.
    \27\ Section 19(b)(2) of the Exchange Act, as amended by the
Securities Act Amendments of 1975, Public Law 94-29 (June 4, 1975),
grants the Commission flexibility to determine what type of
proceeding--either oral or notice and opportunity for written
comments--is appropriate for consideration of a particular proposal
by a self-regulatory organization. See Securities Act Amendments of
1975, Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No.
75, 94th Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by May 15, 2020. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by May 29,
2020. 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 Numbers SR-NYSEArca-2020-01 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-NYSEArca-2020-01. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2020-01 and should be submitted
on or before May 15, 2020. Rebuttal comments should be submitted by May
29, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08697 Filed 4-23-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41969-41970]
[FR Doc No: 2023-13767]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-D-0939]

Prohibition on Wholesaling Under Section 503B of the Federal
Food, Drug, and Cosmetic Act; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled
``Prohibition on Wholesaling Under Section 503B of the Federal Food,
Drug, and Cosmetic Act.'' This draft guidance describes FDA's
interpretation of, and policies concerning, the statutory prohibition
on wholesaling for certain compounded drugs. This draft guidance also
describes examples of how FDA intends to apply the statutory
wholesaling provision.

DATES: Submit either electronic or written comments on the draft
guidance on or before August 28, 2023 to ensure that the Agency
considers your comment on this draft guidance before it begins work on
the final version of the guidance. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before August 28, 2023. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. Eastern
Time at the end of August 28, 2023. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.

ADDRESSES: You may submit comments on any guidance at any time as
follows.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-0939 for ``Prohibition on Wholesaling Under Section 503B of
the Federal Food, Drug, and Cosmetic Act.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in

its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)). Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10001 New
Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD
20993-0002. Send one self-addressed adhesive label to assist that
office in processing your requests. See the SUPPLEMENTARY INFORMATION
section for electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Dominic Markwordt, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 5104, Silver Spring, MD 20993, 301-796-
3100, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Prohibition on Wholesaling Under Section 503B of the Federal
Food, Drug, and Cosmetic Act.'' This draft guidance describes FDA's
interpretation of, and policies concerning, the prohibition on
wholesaling in section 503B of the FD&C Act (21 U.S.C. 353b). This
draft guidance also describes examples of how FDA intends to apply
section 503B of the FD&C Act's wholesaling provision.
    Section 503B of the FD&C Act describes the conditions that must be
satisfied for human drugs compounded by an outsourcing facility to be
exempt from the following three sections of the FD&C Act: section 505
(21 U.S.C. 355) (concerning the approval of drugs under new drug
applications or abbreviated new drug applications); section 502(f)(1)
(21 U.S.C. 352(f)(1)) (concerning the labeling of drugs with adequate
directions for use); and section 582 (21 U.S.C. 360eee-1) (concerning
drug supply chain security requirements).
    Pursuant to section 503B(a)(8) of the FD&C Act, one of the
conditions that must be met for a drug compounded by an outsourcing
facility to qualify for the exemptions in section 503B of the FD&C Act
is that the drug will not be sold or transferred by an entity other
than the outsourcing facility that compounded the drug. However, the
wholesaling provision does not prohibit administration of a drug in a
health care setting or dispensing a drug pursuant to a prescription
executed in accordance with section 503(b)(1) of the FD&C Act. The
statutory prohibition on wholesaling in section 503B(a)(8) of the FD&C
Act helps to ensure that compounding is based on individual patient
need, which, in turn, reduces the overall risk of patient harm and
helps to preserve the integrity of the U.S. drug approval process. It
also helps to preserve the integrity of the U.S. drug supply chain.
This prohibition, like other conditions in section 503B of the FD&C
Act, preserves important distinctions between outsourcing facilities,
which are intended to compound drugs for patients whose medical needs
cannot be met by approved drugs, from conventional manufacturers, which
generally engage in mass manufacturing of FDA-approved drug products.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on the
``Prohibition on Wholesaling Under Section 503B of the Federal Food,
Drug, and Cosmetic Act.'' It does not establish any rights for any
person and is not binding on FDA or the public. An alternative approach
than what is described in the guidance can be used if it satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this draft guidance contains no collection of information, it
does refer to previously approved FDA collections of information.
Therefore, clearance by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in 21 CFR part 207 pertaining to registration of
producers of drugs and listing of drugs in commercial distribution have
been approved under OMB control number 0910-0045. The collections of
information in 21 CFR parts 210 and 211 pertaining to current good
manufacturing practice have been approved under OMB control number
0910-0139. The collections of information pertaining to postmarketing
adverse drug experience reporting have been approved under OMB control
number 0910-0230. The collections of information for adverse event
reporting and human drug compounding under section 503B of the FD&C Act
have been approved under OMB control number 0910-0800.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/regulatory-information/search-fda-guidance-documents, https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs or https://www.regulations.gov.

    Dated: June 23, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-13767 Filed 6-27-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Proposed Rules]
[Pages 24798-24800]
[FR Doc No: 2021-09757]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0288; Airspace Docket No. 21-AGL-6]
RIN 2120-AA66

Proposed Amendment of Area Navigation (RNAV) T-348 and
Establishment of T-409; Northcentral United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend one RNAV route and establish one
new RNAV route, in the northcentral United States. The proposal would
expand the availability of RNAV routing in support of transitioning the
National Airspace System (NAS) from ground-based to satellite-based
navigation.

DATES: Comments must be received on or before June 24, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0288; Airspace Docket No. 21-AGL-6 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA

Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2021-0288; Airspace Docket No. 21-AGL-6) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2021-0288; Airspace Docket No. 21-AGL-6.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Background

    In support of FAA-led modernization efforts to improve the safety,
efficiency, and predictability of the national airspace, as well as
transition the NAS from a ground-based to a satellite-based Performance
Based Navigation (PBN) system, the FAA is proposing to amend RNAV route
T-348 by extending it to provide additional PBN enroute structure, and
establish RNAV route T-409. This action would reduce air traffic
control (ATC) sector workload and complexity, reduce pilot-to-
controller communication, and assist ATC when non-radar procedures are
required. These RNAV routes would be available for use by any aircraft
equipped with Global Positioning Satellite (GPS) and/or RNAV navigation
capabilities.
    Additionally, both RNAV route proposals have transiting legs that
pass through the Lake Andes Military Operations Areas (MOA). This would
provide cost, fuel, and time saving benefits for aircraft transiting
the MOA when the MOA is not in use.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV
route T-348 and establish RNAV route T-409. The proposed route changes
are described below.
    T-348: T-348 currently extends between the BRAIN, MN, waypoint (WP)
and the LUNGS, WI, WP. The FAA proposes to extend the route westward
between the LESNR, SD, WP and the BRAIN, MN, WP. As a result of the
addition of the proposed segment, the BRAIN WP would remain in place
but would no longer be referenced in the legal description. The new
proposed route would flow from the LESNR WP, through the TECUD, SD, fix
and Sioux Falls, SD, VOR/Tactical Air Navigation (VORTAC), to the
GRSIS, MN, WP onward. The resulting RNAV route would extend between the
LESNR WP and the LUNGS WP.
    T-409: T-409 is a proposed new route that would extend between the
LLUKY, NE, WP and the Pierre, SD, VORTAC. This route would mitigate the
loss of the V-71 airway segments removed on September 10, 2020 due to
the decommissioning of the Winner, SD, VOR.
    All radials in the RNAV T-route descriptions below are unchanged
and stated in True degrees.
    United States Area Navigation routes are published in paragraph
6011 of FAA Order 7400.11E, dated July 21, 2020, and effective
September 15, 2020, which is incorporated by reference in 14 CFR 71.1.
The RNAV routes listed in this document would be subsequently published
in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive

Order 12866; (2) is not a ``significant rule'' under Department of
Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-348 LESNR, SD to LUNGS, WI [Amended]

LESNR, SD WP
    (Lat. 43[deg]29'16.49'' N, long. 099[deg]45'41.00'' W)
TECUD, SD FIX
    (Lat. 43[deg]32'54.48'' N, long. 097[deg]51'42.23'' W)
Sioux Falls, SD (FSD) VORTAC
    (Lat. 43[deg]38'58.14'' N, long. 096[deg]46'52.02'' W)
GRSIS, MN WP
    (Lat. 43[deg]38'45.54'' N, long. 094[deg]25'21.17'' W)
FOOLS, MN WP
    (Lat. 43[deg]46'58.20'' N, long. 092[deg]35'44.93'' W)
GABDE, MN WP
    (Lat. 43[deg]38'50.04'' N, long. 092[deg]18'26.46'' W)
KRRTR, IA WP
    (Lat. 43[deg]16'18.12'' N, long. 091[deg]22'30.62'' W)
Madison, WI (MSN) VORTAC
    (Lat. 43[deg]08'41.41'' N, long. 089[deg]20'22.91'' W)
LUNGS, WI WP
    (Lat. 43[deg]02'43.66'' N, long. 088[deg]56'54.86'' W)
* * * * *

T-409 LLUKY, NE to Pierre, SD (PIR) [New]

LLUKY, NE WP
    (Lat. 42[deg]29'20.26'' N, long. 098[deg]38'11.44'' W)
ADEDY, SD FIX
    (Lat. 43[deg]03'05.06'' N, long. 099[deg]17'41.35'' W)
LESNR, SD WP
    (Lat. 43[deg]29'16.49'' N, long. 099[deg]45'41.00'' W)
Pierre, SD (PIR) VORTAC
    (Lat. 44[deg]23'40.40'' N, long. 100[deg]09'46.11'' W)
* * * * *

    Issued in Washington, DC, on May 4, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-09757 Filed 5-7-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63938]
[FR Doc No: 2011-26608]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4001-DR; Docket ID FEMA-2011-0001]

Vermont; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for State of Vermont (FEMA-4001-DR), dated July 8, 2011, and related
determinations.

DATES: Effective Date: September 26, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, James N. Russo,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Craig A. Gilbert as
Federal Coordinating Officer for this disaster.

    (The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant).

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26608 Filed 10-13-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73391-73392]
[FR Doc No: 2023-23559]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28306]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 1, 2023, the
American Public Transportation Association (APTA), on behalf of its
member railroads, petitioned the Federal Railroad Administration (FRA)
for an extension of a waiver of compliance from certain provisions of
the Federal railroad safety regulations contained at 49 CFR part 238,
Passenger Equipment Safety Standards. The relevant FRA Docket Number is
FRA-2007-28306.
    Specifically, APTA requests continued relief from Sec.  238.309,
Periodic brake equipment maintenance, as applied to locomotives
equipped with 26-L type brake systems and air dryers, and cab cars
equipped with 26-L and Electronic Brake Valve- (EBV) type brake valves
operated with locomotives with functional air dryers. The current
relief extends the periodic testing interval from 3 years (1,104 days)
to 4 years (1,472 days) for 26-L, and to periods stated in Sec.  229.29
for EBV-type brake valves. In support of its request, APTA states that
it is ``unaware of any performance problems with the subject brake
equipment operating under the current waiver.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by December 26, 2023 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments,

without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2023-23559 Filed 10-24-23; 8:45 am]
BILLING CODE 4910-06-P