[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Page 16417]
[FR Doc No: 2018-07792]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213

Extension:
    Form ABS-15G, SEC File No. 270-620, OMB Control No. 3235-0675

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form ABS-15G (17 CFR 249.1300) is used for reports of information
required under Rule 15Ga-1 (17 CFR 240.15Ga-1) of the Exchange Act of
1934 (``Exchange Act''). Exchange Act Rule 15Ga-1 requires asset-backed
securitizers to provide disclosure regarding fulfilled an unfulfilled
repurchase requests with respect to asset-backed securities. The
purpose of the information collected on Form ABS-15G is to implement
the disclosure requirements of Section 943 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act to provide information
regarding the use of representations and warranties in the asset-backed
securities markets. We estimate that approximately 810 securitizers
will file Form ABS-15G annually at estimated 311.223 burden hours per
response. In addition, we estimate that 75% of the 311.223 hours per
response (233.417 hours) is carried internally by the securitizers for
a total annual reporting burden of 189,068 hours (233.417 hours per
response x 810 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected].

    Dated: April 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07792 Filed 4-13-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5702-5703]
[DOCID:fr07fe07-80]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

February 1, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12765-000.
    c. Date Filed: January 8, 2007.
    d. Applicant: Town of Indian Lake.
    e. Name and Location of Project: The proposed Indian Lake Dam
Project would be located on the Indian River in the Town of Indian Lake
and Hamlet of Sabael, Hamilton County, New York. The project would
include the existing Indian Lake Dam which is owned by Hudson River-
Black River Regulating District, a New York Public Benefit Corporation.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Barry Hutchins, Supervisor, Town of Indian
Lake, Town Hall, Pelon Road, P.O. Box 730, Indian Lake, NY 12842, (518)
648-5885.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing motions to intervene, protests and comments:
60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12765-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    j. Competing Application: Project No. 12699 filed June 21, 2006,
revised October 19, 2006. Notice issued November 8, 2006, with deadline
for comments and motions to intervene of January 8, 2007.
    k. Description of Proposed Project: The proposed project would
include the existing earth embankment and stone masonry Indian Lake
Dam, 490-foot-long and 47-foot-high, which is owned by Hudson River-
Black River Regulating District, and its existing impoundment. The
Indian Lake Dam impounds the Indian Lake Reservoir which has a surface
area of 4,404 acres at an elevation of 1,651 feet above mean sea level.
The proposed project would also consist of the following new
facilities: (1) A 50-foot-long, 5-foot-wide steel penstock, (2) a
powerhouse containing two generating units with a total installed
capacity of 2.0 megawatts, (3) a 3-mile-long, 34.5 kV transmission
line, connecting to an existing power line, and (4) appurtenant
facilities. The project would have an annual generation of 4.5 GWh,
which would be sold to a local utility.
    l. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item g
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit

would be 36 months. The work proposed under the preliminary permit
would include economic analysis, preparation of preliminary engineering
plans, and a study of environmental impacts. Based on the results of
these studies, the Applicant would decide whether to proceed with the
preparation of a development application to construct and operate the
project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2015 Filed 2-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Rules and Regulations]
[Page 3723]
[FR Doc No: C1-2016-00559]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0647; FRL-9941-21-Region 6]

Approval and Promulgation of Implementation Plans; Arkansas;
Crittenden County Base Year Emission Inventory

Correction

    In rule document 2016-00559 beginning on page 1884 in the issue of
Thursday, January 14, 2016, make the following correction:
    On page 1885, in the first column, in the 14th line, ``March 14,
2016'' should read ``February 16, 2016''.

[FR Doc. C1-2016-00559 Filed 1-21-16; 8:45 am]
 BILLING CODE 1505-01-D


[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Notices]
[Pages 29508-29509]
[FR Doc No: 2019-13347]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10805-059]

Midwest Hydraulic Company, LLC; Notice of Drawdown, Temporary
Variance and Soliciting Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Types of Application: Temporary Variance from License Article
401.
    b. Project No.: 10805-059.
    c. Date Filed: June 11, 2019.
    d. Applicants: Midwest Hydraulic Company, LLC.
    e. Name of Projects: Hatfield Hydroelectric Project.

    f. Location: The project is located on the Black River, in the
Township of Hatfield, in Jackson and Clarke counties, Wisconsin.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Dwight Bowler, Midwest Hydraulic Company,
LLC, c/o Black River Partners, 813 Jefferson Hill Road, Nassau, New
York<PHONE_NUMBER>.
    i. FERC Contact: Mr. Mark Pawlowski,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, is 15 days from the issuance date
of this notice by the Commission. All documents may be filed
electronically via the internet. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's website at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and seven
copies should be mailed to: Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. Please include the project number (P-
10805-059) on any comments, motions, or recommendations filed.
    k. Description of Request: The licensee must lower the water
surface elevation of the project's 2.4-mile-long power canal by
approximately 13 feet from its normal water surface elevation to make
repairs to the canal embankment. Article 401 of the project license
requires the licensee to maintain the water surface elevation of the
power canal at 879.0  0.1 feet National Geodetic Vertical
Datum (NGVD). The licensee proposes a drawdown rate of 0.5 feet per day
and would be expected to take about 26 days. The refill of the power
canal is estimated to occur in winter or spring of 2020.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Comments: Anyone may submit comments in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. Any comments must be received on or before the specified comment
date for the particular application.
    n. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', as applicable; (2)
set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; and (3)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). All comments
should relate to project works which are the subject of this
application. Agencies may obtain copies of the application directly
from the applicant. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: June 18, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-13347 Filed 6-21-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Notices]
[Page 63333]
[FR Doc No: 2011-26514]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Roundtable on Conflict Minerals on
Tuesday, October 18, 2011, commencing at 12:30 p.m.
    This Sunshine Act notice is being issued because a majority of the
Commission may attend the meeting.
    The Roundtable will take place in the Auditorium of the
Commission's headquarters at 100 F Street, NE., Washington, DC. The
Roundtable will be open to the public, with seating made available on a
first-come, first-served basis. Doors will open at 12 p.m. Visitors
will be subject to security checks.
    The agenda for the meeting includes panel discussions addressing
the Commission's required rulemaking under Section 1502 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, which relates to
reporting requirements regarding conflict minerals originating in the
Democratic Republic of the Congo and adjoining countries.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

     October 7, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26514 Filed 10-7-11; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: September 22, 2005 (Volume 70, Number 183)]
[Notices]
[Page 55650-55655]
[DOCID:fr22se05-70]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 52448; File No. SR-Phlx-2005-25]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change and Amendments No. 1, 2, and 3 Thereto by the Philadelphia Stock
Exchange, Inc. Relating to the Adoption of New Rules That Would
Establish an Automated Opening System on the Exchange

September 15, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4\2\ thereunder, notice is hereby given that
on April 21, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change. The Exchange
submitted Amendment No. 1,\3\ Amendment No. 2,\4\ and Amendment No. 3
\5\ to its proposal on June 1, 2005, September 1, 2005, and September
14, 2005, respectively. The proposed rule change, as amended, is
described in Items I, II, and III, below, which Items have been
prepared by the Phlx. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Form 19b-4, dated June 1, 2005 (``Amendment No. 1'').
Amendment No. 1 replaced the original filing in its entirety.
    \4\ See Form 19b-4, dated September 1, 2005 (``Amendment No.
2''). Amendment No. 2 replaced Amendment No. 1 in its entirety.
    \5\ See Form 19b-4, dated September 14, 2005 (``Amendment No.
3''). In Amendment No. 3, Phlx, in part, deleted proposed rule text
to clarify that during a manual opening all market orders are to be
executed at one price.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to adopt new rules that would establish an
automated opening system on the Exchange. The Exchange also proposes to
make

conforming amendments to various existing rules and Option Floor
Procedure Advices (``OFPAs''). The text of the proposed rule change is
available on the Exchange's Web site (http://www.phlx.com), at the

Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Phlx 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 Phlx has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to increase the number
of option orders and transactions handled and executed electronically
on the Exchange by establishing a fully automated opening system.

Background

    In July, 2004, the Exchange began trading options on its new
electronic options trading platform, Phlx XL.\6\ Because Phlx XL does
not currently include an automated opening functionality, specialists
are currently required to open option series manually. The proposed
rule change would establish a fully automated opening system for
options traded on Phlx XL \7\ as part of the Phlx XL system.
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    \6\ See Securities Exchange Act Release No. 50100 (July 27,
2004), 69 FR 44612 (August 3, 2004) (SR-Phlx-2003-59).
    \7\ Currently, all equity and index options, and options
overlying Exchange Traded Fund Shares (``ETFs'') that are listed on
the Exchange are traded on Phlx XL.
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Pre-Opening

    For a period of time before the scheduled opening in the underlying
security (and not less than one hour as determined by the Options
Committee with notice to the membership via Exchange circular), Phlx XL
will accept orders and quotes during the ``Pre-Opening Phase.'' The
Phlx XL system will disseminate to specialists, Streaming Quote Traders
(``SQTs''),\8\ Remote Streaming Quote Traders (``RSQTs''),\9\ and non-
SQT ROTs \10\ who are required to submit continuous two-sided
electronic quotations pursuant to Exchange Rule 1014(b)(ii)(E) \11\
(collectively, for purposes of proposed Rule 1017, ``Phlx XL
participants'') information about resting orders on the book that
remain from the previous trading session and orders submitted prior to
the opening.
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    \8\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through AUTOM in eligible options
to which such SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on the floor of the
Exchange. See Exchange Rule 1014(b)(ii)(A).
    \9\ An RSQT is a ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
    \10\ A non-SQT ROT is a ROT who is neither an SQT nor an RSQT.
See Exchange Rule 1014(b)(ii)(C).
    \11\ Exchange Rule 1014(b)(ii)(E) requires non-SQT ROTs who
transact more than 20% of their contract volume in an option
electronically versus in open outcry during a particular calendar
quarter to submit proprietary electronic quotations in such an
option during the subsequent calendar quarter for a certain number
of series in such option, depending on the percent of total volume
transacted electronically versus in open outcry on the Exchange in
such option.
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    The purpose of this provision is to establish that a pre-opening
phase must occur each day and to make Exchange members and member
organizations aware of the time the Exchange will begin accepting pre-
opening orders and quotes.
    A further purpose of this provision is to establish by rule that
the Exchange will provide information to Phlx XL participants about
orders on the limit order book during the pre-opening phase. Such
information would include, without limitation, the option symbol, the
limit price and the size of the limit order, the terms of the order
(i.e., day, good-till-cancelled), buy or sell, call or put, and any
other conditions applicable to the limit order.

Calculation of Opening Price

    The system will calculate an Anticipated Opening Price (``AOP'')
and Anticipated Opening Size (``AOS'') when a quote or trade has been
disseminated by the primary market for the underlying security, and
under the conditions set forth below. The specialist assigned in the
particular option must enter opening quotes not later than one minute
following the dissemination of a quote or trade by the primary market
for the underlying security. The purpose of this provision is to ensure
that the specialist is able to accurately quote the option overlying
the underlying security once such underlying security has opened, and
to ensure that the specialist promptly satisfies his or her quoting
obligations established under Exchange rules.\12\ The specialist may
submit opening quotes prior to this time; the proposed rule is intended
to establish the time within which the specialist must submit opening
quotes and not to preclude the specialist from submitting such quotes
prior to that time.
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    \12\ Exchange Rule 1014(B)(ii)(D) requires specialists to quote
continuous, two-sided markets in not less than 100% of the series in
each Streaming Quote Option in which such specialist is assigned,
and requires an SQT and an RSQT quote continuous, two-sided markets
in not less than 60% of the series in each Streaming Quote Option
(as defined in Rule 1080(k)) in which such SQT or RSQT is assigned.
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    An AOP may only be calculated if: (i) the Exchange has received
market orders, or the book is crossed (highest bid is higher than the
lowest offer) or locked (highest bid equals the lowest offer); and (ii)
either (A) the specialist's quote has been submitted; (B) the quotes of
at least two Phlx XL participants that are required to submit
continuous, two-sided quotes in 100% of the series in all option issues
in which such Phlx XL participant is assigned (``100%
participants''),\13\ have been submitted within two minutes of the
opening trade or quote on the primary market for the underlying
security (or such shorter time as determined by the Options Committee
and disseminated to the membership via Exchange Circular); or (C) if
neither the specialist's quote nor the quotes of two 100% participants
have been submitted within two minutes of the opening trade or quote on
the primary market for the underlying security (or such shorter time as
determined by the Options Committee and disseminated to the membership
via Exchange Circular), one 100% participant has submitted their quote.
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    \13\ An example of a 100% participant is a new category of ROT
on the Exchange known as a ``Directed SQT'' or a ``Directed RSQT,''
defined as an SQT or RSQT that receives a Directed Order. See
Securities Exchange Act Release No. 51759 (May 27, 2005), 70 FR
32860 (June 6, 2005) (SR-Phlx-2004-91).
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    The purpose of this provision is to ensure that the affected series
will open regardless of whether the specialist has submitted a
quotation (the specialist may not submit his or her quote due to, for
example, system malfunctions), provided that a 100% participant is
quoting in the affected series. The

Exchange believes that when a Phlx XL participant is quoting in 100% of
the series in a particular option, the series should be opened as soon
as possible regardless of whether the specialist has submitted a
quotation.\14\ The 100% participant's quotations enable the Exchange to
disseminate continuous quotations in each underlying option series,
thus ensuring that the Exchange will provide liquid markets in such
series once the series has opened.
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    \14\ A specialist that fails to submit opening quotes within one
minute of the opening on the primary market would be subject to
possible disciplinary action.
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Opening Order/Quote Imbalance

    In situations where an AOP may be calculated (i.e., when the
conditions described above are present) and there is an order/quote
imbalance, the system will immediately send an imbalance notice
indicating the imbalance side (buy or sell) and the AOP and AOS (an
``Imbalance Notice'') to Phlx XL participants provided that the primary
market for the underlying security has disseminated the opening quote
or trade. Phlx XL participants that have not submitted opening quotes
will then submit their opening quotes and Phlx XL participants that
have submitted opening quotes may submit revised opening quotes,\15\
and thereafter the system will disseminate an updated Imbalance Notice
every five seconds (or such shorter period as determined by the Options
Committee and disseminated to membership via Exchange Circular) until
the series is open. If no imbalance exists, no Imbalance Notice will be
sent, and the system will establish an opening price as described
below.
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    \15\ Telephone conversation between Richard S. Rudolph, Vice
President and Counsel, Phlx, and Terri L. Evans, Special Counsel,
Division of Market Regulation (``Division''), on September 6, 2005
(clarifying that Phlx XL participants that have previously submitted
opening quotes may submit revised quotes).
---------------------------------------------------------------------------

    The system will calculate the AOP and AOS based on quotes, market
orders and current resting orders on the limit order book. The Exchange
believes that the calculation and dissemination of the AOP and AOS to
Phlx XL participants should provide such Phlx XL participants with
sufficient information to determine whether or not to submit revised
quotations in order to participate in the opening, based on the dynamic
movement of the AOS as additional quotes and market orders are
received.

Actual Opening Price

    The proposal would establish the opening price of a series in
situations where there is no opening quote/order imbalance. Proposed
Rule 1017(c)(i) would define the opening price as the price at which
the maximum quantity of contracts will be traded. Because the Exchange
believes that an option series should open if at all possible to ensure
fair and orderly markets in such series, the proposed rule would
establish a series of ``tie-breakers'' that the system will follow in
establishing the opening price when two or more prices would satisfy
the maximum quantity criteria. Specifically, when two or more prices
would be the price at which the maximum quantity of contracts will be
traded, the system will establish the opening price based on the
following criteria, in order: (1) The price at which the greatest
number of customer orders will be traded; (2) the price at which the
maximum number of Phlx XL participants will trade; and, should there
continue to be two or more prices that satisfy the maximum quantity
criteria, the opening price will be (3) the price that is closest to
the closing price from the previous trading session.
    The Exchange believes that the third ``tie-breaker,'' specifying
that the opening price would be the price at which the greatest number
of Phlx XL participants will trade (once it is established that the
opening price would be the price at which the maximum quantity of
contracts and the greatest number of customer orders will trade) should
ensure that the opening price would reflect the actual state of the
market, i.e., the price at which more Phlx XL participants are willing
to trade.
    The Exchange believes that these ``tie-breaking'' rules should
enable the Exchange to open trading expeditiously in a series despite
the fact that there may be two or more prices that would result in the
maximum quantity of contracts being traded under a variety of
scenarios, which the system will account for in automatically
determining an opening price.

Priority on Openings

    The system will give priority to market orders first (including a
limit order to buy which is at a higher price than the price at which
the option is to be opened and a limit order to sell which is at a
lower price than the price at which the option is to be opened, which
will be treated as market orders), then to resting limit orders at the
opening price. The purpose of this provision is to ensure that the
maximum number of contracts trade at the opening price. The inclusion
of limit orders that are at a better price than the opening price in
the pool of market orders should ensure that all such orders trade at
the opening price before limit orders with a limit price that is equal
to the opening price.

Contingency, Hedge, and Synthetic Option Orders

    Contingency Orders, Hedge Orders, and Synthetic Option Orders, as
defined in Exchange Rule 1066, are not considered in the determination
of the opening price, and do not participate in the opening trade
because such order types generally include two or more option
components, and may also include a stock component.

Floor-Brokered Orders

    To be considered in the determination of the opening price and to
participate in the opening trade, orders represented by Floor Brokers
must be entered onto the book electronically. The purpose of this
provision is to ensure that limit orders represented by Floor Brokers
at the opening are captured electronically at the opening price for
inclusion in the opening.\16\ Otherwise, a limit order held by a Floor
Broker in the trading crowd that is not placed onto the limit order
book electronically would not be included in the automated opening
because such a limit order would not be incorporated into the Phlx XL
system.
---------------------------------------------------------------------------

    \16\ In January, 2005, the Exchange adopted rules regarding the
immediate display of limit orders, requiring Floor Brokers and
Registered Options Traders that wish to place limit orders onto the
limit order book to do so electronically. See Securities Exchange
Act Release No. 51064 (January 21, 2005), 70 FR 4180 (January 28,
2005) (SR-Phlx-2004-73). See also, Exchange Rules 1080, Commentary
.02; 1014, Commentary .18; and 1063, Commentary .01.
---------------------------------------------------------------------------

Inbound Orders and Quotes Received While the System Completes the
Opening Trade

    Inbound orders and quotes will not be included in the calculation
of the opening price for a brief period established by the system (and
thus not within the discretion of any Phlx XL participant) while the
system is in the process of completing the opening trade. During such
brief period, such inbound orders and quotes will be entered into the
Phlx XL system in order of their arrival. The purpose of the brief
interval during which such inbound quotes and orders will not be
included in the calculation of the opening price is to allow the system
to calculate the opening price after the underlying security opens in
the primary market using the quotes and orders received up to the time
of the brief interval, so that dynamic quotations and orders received
while the system is calculating the opening price do not have the
effect of

continually changing the calculated opening price. If there were no
such brief interval, it is possible that such dynamic quotes and
orders, if not excluded, could cause the series never to open because
the system could continue to calculate the opening price indefinitely.
    Proposed Rule 1017(d) would provide that, as the opening price is
determined by series, the system will disseminate through OPRA the
opening trade price, if any, and then the quote after the series is
open. The system will process and open the series for a given option in
random order. If there are no orders in a particular series when the
underlying security opens, the Exchange will disseminate quotations at
the best bid and offer in such series submitted by Phlx XL participants
assigned in the particular option.

Situations in Which the Option Series Will Not Open

    The proposed rule would set forth three conditions under which the
system will not open a series.
    First, the system will not open a series when there is no quote
from the specialist or a 100% participant. The purpose of this
provision is to ensure that a series will not open if there is no Phlx
XL participant that is providing continuous, two-sided quotations in a
particular series.
    Second, the system will not open a series when the opening price is
not within an acceptable range (as determined by the Options Committee
and announced to Exchange members and member organizations by way of
Exchange Circular) compared to the highest offer and the lowest bid
(e.g., the upper boundary of the acceptable range may be 125% of the
highest quote offer and the lower boundary may be 75% of the lowest
quote bid). This is to provide a limitation on the range of the opening
price in an option so that it is reasonably aligned with the opening
price in the underlying security, and so that the opening price does
not fall significantly outside of the bids/offers entered during the
pre-opening phase. The Exchange proposes a similar conforming amendment
to Commentary .15 to Exchange Rule 1014.
    Third, the system will not open a series when the opening trade
would leave a market order imbalance (i.e., there are more market
orders to buy or to sell for the particular series than can be
satisfied by the limit orders, market orders and quotes on the other
side of the market). This is to ensure that no market orders that would
be eligible for execution at the opening price would be left
unexecuted, while other market orders receive executions.

No Specialist or 100% Participant Quote or Quote Outside Acceptable
Range

    If the specialist or a Phlx XL participant with a 100% quoting
requirement is not quoting as described in proposed Rule 1017(e)(i), or
if the opening price is not within an acceptable range as described in
proposed Rule 1017(e)(ii), proposed Rule 1017(f) would provide that two
Floor Officials may authorize the manual opening of the affected series
where necessary to ensure a fair and orderly market. In such a
circumstance, the Exchange's existing rules concerning manual openings
would apply.\17\
---------------------------------------------------------------------------

    \17\ See, e.g., the Commentary to Rule 1017, Rules 1047, 1047A,
and OFPAs A-12, A-14 and G-2.
---------------------------------------------------------------------------

Manual Opening by Specialist

    Proposed Rule 1017(g)(i) would provide that if a condition or the
absence of a required condition not otherwise covered by the proposed
rule would prevent an opening trade to occur, the specialist may, with
prior notification to Market Surveillance staff, determine to open a
series manually in the interest of a fair and orderly market, subject
to the approval of two Floor Officials within five minutes of the
opening of the affected series. Manual openings would be required to be
conducted in accordance with current Commentary .01-.03 of Exchange
Rule 1017.
    A further purpose of this provision is to enable the specialist to
conduct a manual opening in a timely fashion without undertaking the
time-consuming burden of seeking out two Floor Officials prior to such
manual opening. If the specialist were required to do so, it is highly
likely that the time required to seek approval of two Floor Officials
would unduly delay such a manual opening. The Exchange believes that
the required prior notification to Market Surveillance staff, coupled
with the requirement to obtain the approval of two Floor Officials
within five minutes of the opening of the affected series, provides the
Exchange with sufficient regulatory oversight to monitor such activity.
A specialist would be subject to disciplinary action if it is
determined that the specialist violated the rule.
    As a housekeeping matter, to conform the existing rule to current
Exchange definitions, Commentary .03 to Exchange Rule 1017 would be
amended to provide that Contingency Orders, Hedge Orders, and Synthetic
Option Orders, as defined in Exchange Rule 1066 do not participate in
opening rotations or in the determination of an opening price.

Index Options

    Respecting options overlying an index, the proposal would permit
the specialist to engage the automated opening system to open such
options when at least 50% of the current index value of all the
securities underlying the index have opened for trading on the primary
market. This is consistent with current Exchange rules concerning the
manual opening and re-opening of Industry Index options (as defined
below).\18\
---------------------------------------------------------------------------

    \18\ See Exchange Rule 1047A(a)(i) and OFPA G-2.
---------------------------------------------------------------------------

    The Exchange notes that current Exchange Rule 1047A and OFPA G-2,
respecting the opening of index options, distinguish between an
Industry Index,\19\ which as stated above, may be opened when at least
50% of the current index value of all the securities underlying the
index have opened for trading on the primary market, and which must
currently be opened when at least 90% of the current index value of all
the securities underlying the index have opened for trading on the
primary market; and a Market Index \20\ by requiring the opening
rotation for Market Index options to be held at or as soon as
practicable after the opening of business on the Exchange, with no
similar requirements as to the percentage of the current index value of
all the securities underlying the index which must be opened for the
option overlying such index to open. The proposal would apply this
distinction respecting manual openings only, whereas the system will
not make a distinction between an Industry Index option and a Market
Index option in determining to open such an option automatically based
on the percentage of the current index value of all the securities
underlying the index that must be opened.
---------------------------------------------------------------------------

    \19\ An Industry Index is defined as an index designed to be
representative of price movements in particular categories of
stocks. See Exchange Rule 1000A(b)(11).
    \20\ A Market Index an index designed to be representative of
general price movements in the stock market. Id.
---------------------------------------------------------------------------

    Under the proposal, with respect to automated openings in an
Industry or Market Index conducted pursuant to Rule 1017, the
specialist may engage the automated opening system to open such options
when underlying securities representing 50% of the current index value
of all the securities underlying the index have opened for trading on
the

primary market. The Exchange proposes to amend Rule 1047A and OFPA G-2
to require the opening of an Industry Index when 100% of the current
index value of all the securities underlying the index have opened for
trading on the primary market. The system thus will automatically open
all index options when underlying securities representing 100% of the
current index value of all the securities underlying the index have
opened for trading on the primary market.
    Therefore, when at least 50% of the current index value of all the
securities underlying an index have opened for trading on the primary
market, the specialist may determine to engage the automated opening
system to open it for trading; when 100% of the current index value of
all the securities underlying an index have opened for trading on the
primary market, the system will automatically open it for trading.

Reopening Following a Trading Halt

    The procedure described in the proposed Rule may be used to reopen
an option after a trading halt.

Conforming Amendments to Current Exchange Rules and OFPAs

    The Exchange proposes to delete Commentary .03(d)(iii) from
Exchange Rule 1017, which currently states that the specialist will not
open a series when there is a market on opening order with no
corresponding order. The Exchange currently does not accept market on
opening orders and thus Commentary .03(d)(iii) is unnecessary.
    In addition to the proposed amendments to Exchange Rule 1017, the
Exchange is proposing various conforming amendments to current Exchange
rules and OFPAs that relate to openings and re-openings following a
trading halt.
    The Exchange proposes to amend Exchange Rule 1047, Trading
Rotations, Halts and Suspensions, to reflect an automated opening
conducted pursuant to Exchange Rule 1017 shall be considered a
``trading rotation'' for purposes of these rules. Thus, any requirement
to conduct a rotation under the rule could be fulfilled by initiating
an automated opening or re-opening by the system.
    Exchange Rule 1047(c) would be amended to reflect that two Floor
Officials (with the concurrence of a Market Surveillance officer (and
not the appropriate Floor Standing Committee as reflected in the
current rule) would have the authority, respecting a particular class
or series of options, to delay the opening, to halt and reopen after a
halt, to open where the underlying stock or ETF has not opened. The
Exchange believes that it is more expedient and less cumbersome for two
Floor Officials to make such decisions, rather than convening the full
Committee to make such a decision.
    Exchange Rule 1047 would be further amended to delete all
references to the Series Opening Request Ticket (``SORT'')
Procedure,\21\ an obsolete procedure that is no longer in use on the
Exchange. The Exchange proposes a similar amendment to OFPA A-12
Opening Rotations and SORT Procedures.
---------------------------------------------------------------------------

    \21\ A SORT opening, which is no longer implemented on the
Exchange, was one where the specialist opened all series in an
options class simultaneously after rotating only those series for
which a SORT was received. The SORT is a form that was submitted by
a member with interest in a particular series to the specialist, at
least five minutes prior to the opening of trading, and signaled the
specialist to rotate that series. Prior to conducting a SORT
procedure, the specialist would announce to the crowd that such a
procedure was to be utilized, and in which series, if any, a SORT
had been received.
---------------------------------------------------------------------------

    Commentary .02 to Exchange Rule 1047 would be amended to require
the specialist to inform the Market Surveillance staff in the event
that trading in an underlying stock or Exchange-Traded Fund Share has
not opened in the primary market for such stock or Exchange-Traded Fund
Share within a reasonable time after the opening of business, or, in
the event that current quotations for any underlying foreign currency
are for any reason unavailable. The purpose of this proposed amendment
is to clarify that the Market Surveillance staff would then take the
appropriate steps to determine the cause of such delay or
unavailability, rather than the chairman of the appropriate Floor
Standing Committee or his delegate on the floor, as the rule currently
provides. The Exchange believes that it is more practical and efficient
for the specialist to report any such delay or unavailability to the
Market Surveillance staff, who are located on the floor and are readily
available to the specialist in such circumstances.
    The Exchange also proposes to amend Exchange Rule 1047A, Trading
Rotations, Halts or Reopenings, which governs index options. As
described above, one substantive change involves the current
requirement to open an Industry Index option when underlying securities
representing 90% of the current index value of all the securities
underlying the index have opened for trading on the primary market. The
Exchange proposes to amend this provision to require the opening of an
index when 100% of the current index value of all the securities
underlying the index have opened for trading on the primary market. The
purpose of this proposal is to eliminate any uncertainty as to what the
underlying index value would be once the remaining 10% of the
underlying index value has opened on the primary market, thus enabling
the specialist to price the option overlying the index accurately and
with a reasonable degree of certainty.
    For clarity, the sentence providing that it is the responsibility
of the specialist to arrange the price at which an option series opens
and re-opens on the Exchange would be deleted, as this provision is
currently found and will be retained in Commentary .03 to Exchange Rule
1017 concerning manual openings, and the system, not the specialist,
would establish the opening price in an automated opening.
    For consistency, OFPA A-12 would be amended to establish that the
acceptable range within which the opening price must be established,
would apply to both automated openings and manual openings conducted
pursuant to Exchange Rule 1017 and the Commentary thereto. A similar
amendment is proposed respecting OFPA A-14, Equity Option and Index
Option Opening Parameters.
    OFPA G-2, Trading Rotations, Halts or Reopenings, would be amended
to reflect that an Industry Index option must open once the underlying
securities representing 100% (a proposed increase from 90%) of the
current index value of all the securities underlying the index have
opened for trading on the primary market, and that respecting automated
openings the system will automatically open an index when 100% of the
current index value of all the securities underlying the index have
opened for trading on the primary market. The OFPA would continue to
provide that the specialist in an Industry Index option may conduct a
manual opening rotation or may engage the system for an automated
opening in such option when 50% of the current index value of all the
securities underlying the index have opened for trading on the primary
market (either by way of a manual rotation or by engaging the system).
The Exchange also proposes to delete references to Super Cap Index
options from OFPA G-2, because the Exchange no longer lists this
product.
    Exchange Rules 1047 and 1047A, and OFPAs A-12 and G-2 would be
amended to include the provision that an automated opening conducted
pursuant to Exchange Rule 1017 would be considered a ``rotation'' for
purposes

of the rules and OFPAs. Finally, these rules would also be amended to
include the term ``Market Surveillance officer'' to conform to the
current Exchange staff structure.

Deployment of the Automated Opening System

    The Exchange will deploy the automated opening system on an issue-
by-issue basis. The Exchange anticipates that at least 10 issues will
be deployed on the system within four weeks from the date of approval
of the rules relating to the system by the Commission, and that the
system will be deployed for all options traded on the Exchange within
twelve weeks of such approval.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \22\ in general, and furthers the objectives of Section
6(b)(5) of the Act \23\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and the national
market system, and, in general, to protect investors and the public
interest, by establishing rules for an automated opening system,
thereby increasing the number of option orders handled electronically
on the Exchange.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b).
    \23\ 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.\24\
---------------------------------------------------------------------------

    \24\ Telephone conversation between Richard S. Rudolph, Vice
President and Counsel, Phlx, and Terri L. Evans, Special Counsel,
Division, Commission on September 14, 2005 (clarifying Phlx's
statement on burden on competition).
---------------------------------------------------------------------------

    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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2005-25 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-Phlx-2005-25. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Phlx. 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-Phlx-2005-25 and should be submitted on or before
October 13, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. 05-18899 Filed 9-21-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59764-59767]
[FR Doc No: 2012-23990]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8249]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
Part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this

rule is exempt from the requirements of the Regulatory Flexibility Act
because the National Flood Insurance Act of 1968, as amended, Section
1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an
appropriate public body adopts adequate floodplain management measures
with effective enforcement measures. The communities listed no longer
comply with the statutory requirements, and after the effective date,
flood insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR Part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III

Pennsylvania:
    Beale, Township of,               421738  August 18, 1978,    Oct. 2, 2012..........  Oct. 2, 2012.
     Juniata County.                           Emerg; September
                                               10, 1984, Reg;
                                               October 2, 2012,
                                               Susp.
    Fermanagh, Township of,           420517  June 1, 1973,       *......do.............   Do.
     Juniata County.                           Emerg; February
                                               1, 1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Greenwood, Township of,           421741  July 7, 1975,       ......do..............   Do.
     Juniata County.                           Emerg; December
                                               3, 1987, Reg;
                                               October 2, 2012,
                                               Susp.
    Lack, Township of, Juniata        421742  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; December
                                               3, 1987, Reg;
                                               October 2, 2012,
                                               Susp.
    Mifflin, Borough of,              420518  October 4, 1973,    ......do..............   Do.
     Juniata County.                           Emerg; February
                                               1, 1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Mifflintown, Borough of,          420519  June 24, 1975,      ......do..............   Do.
     Juniata County.                           Emerg; November
                                               15, 1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Milford, Township of,             421743  July 7, 1975,       ......do..............   Do.
     Juniata County.                           Emerg; September
                                               2, 1981, Reg;
                                               October 2, 2012,
                                               Susp.
    Monroe, Township of,              421744  April 22, 1980,     ......do..............   Do.
     Juniata County.                           Emerg; November
                                               4, 1987, Reg;
                                               October 2, 2012,
                                               Susp.
    Port Royal, Borough of,           420520  March 30, 1973,     ......do..............   Do.
     Juniata County.                           Emerg; January 5,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Spruce Hill, Township of,         421745  July 2, 1979,       ......do..............   Do.
     Juniata County.                           Emerg; October
                                               15, 1985, Reg;
                                               October 2, 2012,
                                               Susp.
    Susquehanna, Township of,         421746  June 27, 1975,      ......do..............   Do.
     Juniata County.                           Emerg; June 1,
                                               1982, Reg;
                                               October 2, 2012,
                                               Susp.
    Thompsontown, Borough of,         420521  July 7, 1975,       ......do..............   Do.
     Juniata County.                           Emerg; May 19,
                                               1981, Reg;
                                               October 2, 2012,
                                               Susp.
    Turbett, Township of,             420522  May 10, 1973,       ......do..............   Do.
     Juniata County.                           Emerg; March 1,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Tuscarora, Township of,           422452  July 30, 1975,      ......do..............   Do.
     Juniata County.                           Emerg; January
                                               15, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Walker, Township of,              420523  August 30, 1973,    ......do..............   Do.
     Juniata County.                           Emerg; August 1,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
West Virginia:
    Anmoore, Town of, Harrison        540054  April 7, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Clarksburg, City of,              540056  September 18,       ......do..............   Do.
     Harrison County.                          1973, Emerg;
                                               February 15,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Delbarton, Town of, Mingo         540134  October 13, 1972,   ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1977, Reg;
                                               October 2, 2012,
                                               Susp.
    Gilbert, Town of, Mingo           540135  July 7, 1972,       ......do..............   Do.
     County.                                   Emerg; May 2,
                                               1977, Reg;
                                               October 2, 2012,
                                               Susp.
    Harrison County,                  540053  August 17, 1976,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 4,
                                               1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Kermit, Town of, Mingo            540136  December 1, 1972,   ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Lumberport, Town of,              540058  April 1, 1975,      ......do..............   Do.
     Harrison County.                          Emerg; March 4,
                                               1988, Reg;
                                               October 2, 2012,
                                               Susp.

    Matewan, Town of, Mingo           545538  February 3, 1970,   ......do..............   Do.
     County.                                   Emerg; February
                                               3, 1970, Reg;
                                               October 2, 2012,
                                               Susp.
    Mingo County,                     540133  June 9, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               2, 1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Nutter Fort, Town of,             540059  March 10, 1975,     ......do..............   Do.
     Harrison County.                          Emerg; September
                                               17, 1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Salem, City of, Harrison          540242  February 18, 1975,  ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg;
                                               October 2, 2012,
                                               Susp.
    West Milford, Town of,            540062  September 25,       ......do..............   Do.
     Harrison County.                          1975, Emerg;
                                               April 1, 1988,
                                               Reg; October 2,
                                               2012, Susp.

           Region IV

Kentucky:
    Adairville, City of, Logan        210353  March 27, 2006,     ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               October 2, 2012,
                                               Susp.
    Berea, City of, Madison           210156  April 22, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Lewisburg, City of, Logan         210149  March 27, 1975,     ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1977, Reg;
                                               October 2, 2012,
                                               Susp.
    Madison County,                   210342  September 19,       ......do..............   Do.
     Unincorporated Areas.                     1989, Emerg;
                                               September 28,
                                               1990, Reg;
                                               October 2, 2012,
                                               Susp.
    Richmond, City of, Madison        210157  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               October 2, 2012,
                                               Susp.
    Russellville, City of,            210150  July 24, 1974,      ......do..............   Do.
     Logan County.                             Emerg; June 1,
                                               1984, Reg;
                                               October 2, 2012,
                                               Susp.

           Region V

Wisconsin:
    Birchwood, Village of,            550574  February 26, 1975,  ......do..............   Do.
     Washburn County.                          Emerg; September
                                               30, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Minong, Village of,               550468  November 24, 1975,  ......do..............   Do.
     Washburn County.                          Emerg; September
                                               1, 1986, Reg;
                                               October 2, 2012,
                                               Susp.
    Shell Lake, City of,              550469  November 8, 1974,   ......do..............   Do.
     Washburn County.                          Emerg; September
                                               16, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Spooner, City of, Washburn        550470  November 21, 1973,  ......do..............   Do.
     County.                                   Emerg; April 2,
                                               1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Washburn County,                  550606  N/A, Emerg; June    ......do..............   Do.
     Unincorporated Areas.                     30, 1999, Reg;
                                               October 2, 2012,
                                               Susp.

           Region VI

Arkansas:
    Chicot County,                    050025  July 24, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               28, 1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Dermott, City of, Chicot          050026  December 31, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Eudora, City of, Chicot           050027  July 2, 1974,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Lake Village, City of,            050028  March 27, 1974,     ......do..............   Do.
     Chicot County.                            Emerg; August 8,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.

          Region VII

Missouri:.....................
    Carroll County,                   290057  June 15, 1983,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               17, 1986, Reg;
                                               October 2, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: September 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-23990 Filed 9-28-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11592-11593]
[FR Doc No: 2017-03686]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4293-DR; Docket ID FEMA-2017-0001]

Tennessee; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-4293-DR), dated December 15, 2016, and
related determinations.

DATES: Effective February 8, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, 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, Lai Sun Yee, of
FEMA is appointed to act as the Federal Coordinating Officer for this
disaster.
    This action terminates the appointment of W. Michael Moore 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.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-03686 Filed 2-23-17; 8:45 am]
BILLING CODE 9111-23-P