[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Rules and Regulations]
[Page 68714-68719]
[DOCID:fr09no10-16]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    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 final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                 Baxter County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
North Fork River.......................  At the confluence with                  +398  City of Norfork, City of
                                          the White River.                              Salesville,
                                                                                Unincorporated Areas of
                                                                                Baxter County.
                                         Just downstream of State                +398
                                          Highway 177.
Tributary 1 to Dodd Creek..............  At the confluence with                  +785  City of Mountain Home.
                                          Dodd Creek.
                                         Approximately 505 feet                  +834
                                          upstream of Burnett
                                          Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Mountain Home
Maps are available for inspection at 720 South Hickory Street, Mountain Home, AR 72653.

City of Norfork
Maps are available for inspection at 49 City Hall Circle, Norfork, AR 72653.

City of Salesville
Maps are available for inspection at 46 Salesville Circle, Salesville, AR 72653.

                                      Unincorporated Areas of Baxter County
Maps are available for inspection at the Baxter County Courthouse, 1 East 7th Street, Mountain Home, AR 72653.
----------------------------------------------------------------------------------------------------------------
                                   Clare County, Michigan (All Jurisdictions)
                                             Docket No.: FEMA-B-1069
----------------------------------------------------------------------------------------------------------------
Budd Lake..............................  Entire shoreline.........              +1114  City of Harrison,
                                                                                Township of Hayes.
Doc and Tom Lake.......................  Entire shoreline.........              +1067  Township of Freeman.
Eight Point Lake.......................  Entire shoreline.........              +1053  Township of Garfield.
Grass Lake.............................  Entire shoreline.........              +1081  Township of Freeman.
Lake Shamrock..........................  Entire shoreline.........               +826  City of Clare, Township
                                                                                of Grant.
Surrey Lake............................  Entire shoreline.........               +958  Township of Surrey.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Clare
Maps are available for inspection at 202 West 5th Street, Clare, MI 48617.

City of Harrison
Maps are available for inspection at 229 East Beech Street, Harrison, MI 48625.

Township of Freeman
Maps are available for inspection at 7280 West Mannsiding Road, Lake, MI 48632.

Township of Garfield
Maps are available for inspection at 9348 Terry Street, Lake, MI 48632.

Township of Grant
Maps are available for inspection at 3022 Surrey Road, Clare, MI 48617.

Township of Hayes

Maps are available for inspection at 2051 East Townline Lake Road, Harrison, MI 48625.

Township of Surrey
Maps are available for inspection at 110 East Michigan Street, Farwell, MI 48622.
----------------------------------------------------------------------------------------------------------------
                              San Miguel County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1069
----------------------------------------------------------------------------------------------------------------
Arroyo Hermanos........................  At the confluence with                 +6448  City of Las Vegas.
                                          Gallinas Creek.
                                         Just downstream of Lopez               +6493
                                          Street.
Arroyo Pajarito........................  At the confluence with                 +6415  City of Las Vegas.
                                          Gallinas Creek.
                                         Just downstream of                     +6476
                                          Salazar Street.
Arroyo Pecos...........................  Approximately 0.8 mile                 +6381  City of Las Vegas,
                                          downstream of East                            Unincorporated Areas of
                                          Frontage Road.                                San Miguel County.
                                         Just upstream of Las                   +6458
                                          Vegas Boulevard.
Gallinas Creek.........................  Just upstream of I-25....              +6381  City of Las Vegas,
                                                                                Unincorporated Areas of
                                                                                San Miguel County.
                                         Approximately 0.4 mile                 +6515
                                          downstream of El Camino
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Las Vegas
Maps are available for inspection at the San Miguel County Office of Planning and Zoning, 500 West National
 Avenue, 3rd Floor, Las Vegas, NM 87701.

                                    Unincorporated Areas of San Miguel County
Maps are available for inspection at the San Miguel County Assessor's Office, 500 West National Avenue, Suite
 105, Las Vegas, NM 87701.
----------------------------------------------------------------------------------------------------------------
                                  Cuyahoga County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1053
----------------------------------------------------------------------------------------------------------------
Anthony Lake Tributary.................  Approximately 425 feet                  +897  City of Parma, City of
                                          downstream of Anthony                         Parma Heights.
                                          Lane.
                                         Approximately 140 feet                  +902
                                          upstream of Anthony Lane.
Big Creek..............................  Approximately 300 feet                  +679  City of Brooklyn.
                                          downstream of Ridge Road.
                                         Approximately 1,100 feet                +695
                                          upstream of Ridge Road.
Chagrin River..........................  Approximately 0.5 mile                  +683  Village of Mayfield.
                                          upstream of Rogers Road.
Chagrin River..........................  Approximately 40 feet                   +786  Village of Moreland
                                          upstream of Woodland                          Hills.
                                          Road.
                                         Approximately 1,200 feet                +789
                                          upstream of Woodland
                                          Road.
                                         Approximately 850 feet                  +851
                                          downstream of Miles Road.
                                         Approximately 1,200 feet                +860
                                          upstream of Miles Road.
Countrymans Creek......................  Upstream of I-71.........               +721  Village of Lindale.
                                         Downstream of Bellaire                  +727
                                          Road.
Cuyahoga River.........................  Approximately 40 feet                   +605  City of Garfield Heights.
                                          upstream of Brecksville
                                          Road.
                                         Approximately 700 feet                  +607
                                          upstream of Brecksville
                                          Road.
Doan Brook.............................  Approximately 160 feet                  +777  City of Cleveland
                                          upstream of Martin                            Heights.
                                          Luther King Jr. Drive.
                                         Approximately 130 feet                  +915
                                          upstream of West
                                          Woodland Road.
Dover Ditch............................  Approximately 150 feet                  +724  City of North Olmsted.
                                          downstream of Harding
                                          Drive.
Gifford-Avon Ditch.....................  Approximately 100 feet                  +629  City of Westlake.
                                          upstream of Naigle Road.
                                         Approximately 0.5 mile                  +629
                                          upstream of Naigle Road.
Lake Erie..............................  Entire shoreline within                 +576  City of Bay Village, City
                                          the Cities of Bay                             of Cleveland, City of
                                          Village, Cleveland, and                       Lakewood.
                                          Lakewood.
Mill Creek.............................  Approximately 30 feet                   +841  City of Maple Heights.
                                          downstream of McCracken
                                          Road.
                                         Approximately 390 feet                  +841
                                          upstream of McCracken
                                          Road.
Plum Creek.............................  Mouth at West Branch                    +710  City of Olmsted Falls,
                                          Rocky River.                                  Unincorporated Areas of
                                                                                Cuyahoga County.
                                         Approximately 70 feet                   +780
                                          downstream of Sprague
                                          Road.
Rocky River............................  Approximately 1,100 feet                +580  City of Cleveland, City
                                          upstream of Detroit Road.                     of Rocky River.
                                         Approximately 3,500 feet                +606
                                          upstream of River Road.

Tinkers Creek Tributary 1..............  Approximately 0.3 mile                  +930  City of Bedford.
                                          upstream of Walton Road.
West Branch Rocky River................  Approximately 1.1 mile                  +682  City of Olmsted Falls,
                                          downstream of Water                           Unincorporated Areas of
                                          Street.                                       Cuyahoga County.
                                         At Sprague Road..........               +753
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Bay Village
Maps are available for inspection at 350 Dover Center Road, Bay Village, OH 44140.

City of Bedford
Maps are available for inspection at 165 Center Road, Bedford, OH 44146.

City of Brooklyn
Maps are available for inspection at 7619 Memphis Avenue, Brooklyn, OH 44144.

City of Cleveland
Maps are available for inspection at 601 Lakeside Avenue, Cleveland, OH 44144.

City of Cleveland Heights
Maps are available for inspection at 40 Severance Circle, Cleveland Heights, OH 44118.

City of Garfield Heights
Maps are available for inspection at 5407 Turney Road, Garfield Heights, OH 44125.

City of Lakewood
Maps are available for inspection at 12650 Detroit Avenue, Lakewood, OH 44107.

City of Maple Heights
Maps are available for inspection at 5353 Lee Road, Maple Heights, OH 44137.

City of North Olmsted
Maps are available for inspection at 5200 Dover Center Road, North Olmsted, OH 44070.

City of Olmsted Falls
Maps are available for inspection at 26100 Bagley Road, Olmsted Falls, OH 44138.

City of Parma
Maps are available for inspection at 6611 Ridge Road, Parma, OH 44129.

City of Parma Heights
Maps are available for inspection at 6281 Pearl Road, Parma Heights, OH 44130.

City of Rocky River
Maps are available for inspection at 21012 Hillard Boulevard, Rocky River, OH 44116.

City of Westlake
Maps are available for inspection at 27700 Hillard Boulevard, Westlake, OH 44145.

                                     Unincorporated Areas of Cuyahoga County
Maps are available for inspection at 323 Lakeside Avenue, Suite 400, Cleveland, OH 44113.

Village of Lindale
Maps are available for inspection at 4016 West 119th Street, Lindale, OH 44135.

Village of Mayfield
Maps are available for inspection at 6622 Wilson Mills Road, Mayfield, OH 44143.

Village of Moreland Hills
Maps are available for inspection at 4350 S.O.M. Center Road, Moreland Hills, OH 44022.
----------------------------------------------------------------------------------------------------------------
                                  Kent County, Rhode Island (All Jurisdictions)
                                             Docket No.: FEMA-B-1078
----------------------------------------------------------------------------------------------------------------
Maskerchugg River......................  Approximately 750 feet                   +15  City of Warwick, Town of
                                          downstream of State                           East Greenwich.
                                          Route 1A (Boston Post
                                          Road).
                                         Approximately 45 feet                    +75
                                          upstream of Division
                                          Street.
North Branch Pawtuxet River (Upper       Approximately 530 feet                  +183  Town of Coventry.
 Reach).                                  downstream of State
                                          Route 116 (located in
                                          Providence County).
                                         Approximately 240 feet                  +185
                                          downstream of State
                                          Route 116 (located in
                                          Providence County).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Warwick
Maps are available for inspection at the City Hall-Annex Building, Planning Department, 3275 Post Road, 2nd
 Floor, Warwick, RI 02886.

Town of Coventry
Maps are available for inspection at the Public Works Department, 1688 Flat River Road, Coventry, RI 02816.

Town of East Greenwich
Maps are available for inspection at the Department of Public Works, 111 Pierce Street, East Greenwich, RI
 02818.
----------------------------------------------------------------------------------------------------------------
                                Cannon County, Tennessee, and Incorporated Areas
                                             Docket No.: FEMA-B-1065
----------------------------------------------------------------------------------------------------------------
East Fork Stones River.................  Approximately 80 feet                   +690  Unincorporated Areas of
                                          downstream of the                             Cannon County.
                                          confluence with Lehman
                                          Branch.
                                         Approximately 40 feet                   +706
                                          upstream of Doolittle
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                      Unincorporated Areas of Cannon County
Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190.
----------------------------------------------------------------------------------------------------------------
                                 Gonzales County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1069
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Baldridge Creek........................  Approximately 1 mile                    +350  Unincorporated Areas of
                                          downstream of State                           Gonzales County.
                                          Highway 97.
                                         Approximately 1,400 feet                +368
                                          upstream of U.S. Route
                                          90 West.
Guadalupe River........................  At the confluence with                  +278  City of Gonzales,
                                          Tinsley Creek.                                Unincorporated Areas of
                                                                                Gonzales County.
                                         Approximately 1.4 mile                  +286
                                          downstream of County
                                          Road 466.
Tinsley Creek..........................  Approximately 530 feet                  +294  City of Gonzales.
                                          upstream of Weimer
                                          Street.
                                         Just upstream of Sarah                  +303
                                          DeWitt Drive.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Gonzales
Maps are available for inspection at P.O. Box 547, Gonzales, TX 78629.

                                     Unincorporated Areas of Gonzales County
Maps are available for inspection at 414 Saint Joseph Street, Gonzales, TX 78629.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: October 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-28228 Filed 11-8-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Rules and Regulations]
[Page 37292-37293]
[DOCID:fr29jn10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0085; Airspace Docket No. 10-ACE-1]

Amendment of Class E Airspace; Cherokee, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Cherokee, IA.
Decommissioning of the Pilot Rock non-directional beacon (NDB) at
Cherokee County Regional Airport, Cherokee, IA has made this action
necessary to enhance the safety and management of Instrument Flight
Rule (IFR) operations at the airport.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On April 7, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Cherokee,
IA, reconfiguring controlled airspace at Cherokee County Regional
Airport (75 FR 17637) Docket No. FAA-2010-0085. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraph 6005 of FAA Order
7400.9T signed August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace for the Cherokee, IA area.
Decommissioning of the Pilot Rock NDB and cancellation of the NDB
approach at Cherokee County

Regional Airport has made this action is necessary for the safety and
management of IFR operations at the airport. Adjustment to the
geographic coordinates also will be made in accordance with the FAA's
National Aeronautical Charting Office.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under 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 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.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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
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 amends controlled airspace at Cherokee County Regional Airport,
Cherokee, IA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 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 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 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 Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE IA E5 Cherokee, IA [Amended]

Cherokee County Regional Airport, IA
    (Lat. 42[deg]43'52'' N., long. 95[deg]33'22'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Cherokee County Regional Airport.

    Issued in Fort Worth, Texas, on June 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-15674 Filed 6-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Page 12563]
[FR Doc No: 2011-5147]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1, 14, and 17

[Docket No. FDA-2010-N-0560]
RIN 0910-AG55

Amendments to General Regulations of the Food and Drug
Administration; Confirmation of Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: The Food and Drug Administration (FDA) is confirming the
effective date of April 14, 2011, for the final rule that appeared in
the Federal Register of November 30, 2010 (75 FR 73951). The direct
final rule amends certain general regulations of FDA to include tobacco
products, where appropriate, in light of FDA's authority to regulate
these products under the Family Smoking Prevention and Tobacco Control
Act, by revising the Agency's regulations to require tobacco products
to be subject to the same general requirements that apply to other FDA-
regulated products. This document confirms the effective date of the
direct final rule.

DATES: Effective date confirmed: April 14, 2011.

FOR FURTHER INFORMATION CONTACT: Gerie A. Voss, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd., rm. 204G,
Rockville, MD 20850, 1-877-CTP-1373.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 30, 2010
(75 FR 73951), FDA solicited comments concerning the direct final rule
for a 75-day period ending February 14, 2011. FDA stated that the
effective date of the direct final rule would be on April 14, 2011, 60
days after the end of the comment period, unless any significant
adverse comment was submitted to FDA during the comment period. FDA did
not receive any significant adverse comments.

    Authority:  Therefore, under the Federal Food, Drug, and
Cosmetic Act and under authority delegated to the Commissioner of
Food and Drugs, 21 CFR parts 1, 14, and 17 are amended. Accordingly,
the amendments issued thereby are effective.

    Dated: March 2, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-5147 Filed 3-7-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47536-47539]
[FR Doc No: 2012-19318]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0332; FRL-9687-8]

Revisions to the California State Implementation Plan, Mojave
Desert, Northern Sierra, Sacramento Metropolitan and San Diego Air
Pollution Agencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Mojave Desert Air Quality Management District (MDAQMD), Northern Sierra

Air Quality Management District (NSAQMD), Sacramento Metropolitan Air
Quality Management District (SMAQMD) and San Diego County Air Pollution
Control District (SDCAPCD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from automotive parts and component,
automobile refinishing, metal parts and products, and miscellaneous
coating and refinishing operations. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).

DATES: This rule is effective on October 9, 2012 without further
notice, unless EPA receives adverse comments by September 10, 2012. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0332, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules.
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State' Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD....................................          228  Surface Coating of Metal          04/25/11     09/27/11
                                                          Parts and Products.
SDCAPCD...................................         66.1  Miscellaneous Coating........     02/24/10     07/20/10
MDAQMD....................................         1116  Automotive Refinishing.......     08/23/10     04/05/11
SMAQMD....................................          459  Automotive, Mobile Equipment      08/25/11     02/23/12
                                                          and Associated Parts and
                                                          Components Coating
                                                          Operations.
----------------------------------------------------------------------------------------------------------------

B. Are there other versions of these rules?

    We approved an earlier version of MDAQMD Rule 1116 into the SIP on
April 10, 2000 (65 FR 18901). No other version of SDCAPCD Rule 66.1 or
Northern Sierra Rule 228 has been submitted, although EPA previously
approved SDCAPCD Rule 66. An earlier version of SMAQMD Rule 459 was
approved into the SIP on November 13, 1998 (63 FR 63410).

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions by limiting VOC
content in coatings used for metal parts and products, miscellaneous
uses, automobile refinishing processes and automotive equipment, parts
and compounds. In addition, the rules also limit emission of VOCs by
regulating organic solvent cleaning, storage and disposal relating to
the coating operations. EPA's technical support documents (TSDs) have
more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(1) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate and above ozone nonattainment areas.
Guidance and policy documents that we use to evaluate enforceability
and RACT requirements consistently include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' EPA, May 25, 1988 (the Bluebook),
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' EPA, Region 9, August 21, 2001 (the Little Bluebook),
    3. ``Suggested Control Measure for Automotive Coatings'' CARB,
October 2005,

    4. ``Control Techniques Guidelines for Automobile and Light-Duty
Truck Assembly Coatings,'' EPA (EPA-453/R-08-006) September 2008,
    5. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA, (EPA-453/R-08-003), September 2008,
    6. ``Control Techniques Guidelines for Control of Volatile
Organic Emissions From Existing Stationary Sources,'' Volume I:
Control Methods for Surface Coating Operations (EPA-450/2-76-028,
11/76), and
    7. ``Control Techniques Guidelines Control of Volatile Organic
Emissions From Solvent Metal Cleaning'', (EPA-450/2-77-022, 11/77).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA recommendations to further improve the rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public comment and final action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by September 10, 2012, we will publish a
timely withdrawal in the Federal Register to notify the public that the
direct final approval will not take effect and we will address the
comments in a subsequent final action based on the proposal. If we do
not receive timely adverse comments, the direct final approval will be
effective without further notice on October 9, 2012. This will
incorporate these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 9, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b) (2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: May 22, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52 [AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(381)(i) (J),
(c)(388)(i)(F), (c)(404)(i)(B), and (c)(411) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (381) * * *
    (i) * * *
    (J) San Diego Air Pollution Control District.
    (1) Rule 66.1, ``Miscellaneous Surface Coating Operations and Other
Processes Emitting Volatile Organic Compounds,'' adopted on February
24, 2010.
* * * * *
    (388) * * *
    (i) * * *
    (F) Mojave Desert Air Quality Management District.
    (1) Rule 1116, ``Automotive Refinishing Operations,'' amended on
August 23, 2010.
* * * * *
    (404) * * *
    (i) * * *
    (B) Northern Sierra Air Quality Management District.
    (1) Rule 228, ``Surface Coating of Metal Parts and Products,''
amended on April 25, 2011.
* * * * *
    (411) New and amended regulations for the following APCDs were
submitted on February 23, 2012.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 459, ``Automotive, Mobile Equipment, and Associated Parts
and Components Coating Operations,'' amended August 25, 2011.

[FR Doc. 2012-19318 Filed 8-8-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]
[Page 59708-59710]
[DOCID:fr28se10-67]

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

[EPA-HQ-OEI-2010-0746; FRL-9207-5; EPA ICR No. 1665.10, OMB Control No.
2020-0003]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Confidentiality Rules (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on December 31, 2010. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before November 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2010-0746, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: EPA Docket Center, Office of Environmental
Information Docket, Mail Code 28221T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004. Hours of operation: 8:30 a.m.-4:30 p.m., Monday-Friday (except
Federal Holidays). The telephone number for the Reading Room is 202-
566-1744.
     Instructions: Direct your comments to Docket ID No. EPA-
HQ-OEI-2010-0746.
    EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://

www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an anonymous access system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
dockets.

FOR FURTHER INFORMATION CONTACT: Larry F. Gottesman, National Freedom
of Information Act Officer, Collection Strategies Division, Office of
Information Collection, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
566-2162; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OEI-2010-0746, or in person viewing at the OEI Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the OEI Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select search, then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate 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;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
businesses or other for-profit entities.
    Title: Confidentiality Rules (Renewal).
    ICR numbers: EPA ICR No. 1665.10, OMB Control No. 2020-0003.
    ICR status: This ICR is currently scheduled to expire on December
31, 2010. 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 OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR Part 9.
    Abstract: In the course of administering environmental protection
statutes, EPA collects data from ``business'' in many sectors of the
U.S. economy. In many cases, ``business'' marks the data it submits to
EPA as confidential business information (CBI). In addition, businesses
submit information to EPA without the Agency requesting the
information. EPA established the procedures described in 40 CFR Part 2,
subparts A and B, to protect the confidentiality of information as well
as the rights of the public to obtain access to information under the
Freedom of Information Act (FOIA). In accordance with these
regulations, when EPA finds it necessary to make a final
confidentiality determination (e.g., in response to a FOIA request or
in the course of rulemaking or litigation), a resubstantiation of a
prior claim, or an advance confidentiality determination, it shall
notify the affected business and provide an opportunity to comment
(i.e., to submit a substantiation of confidentiality claims). This ICR
relates to the collection of information that will assist EPA in
determining whether previously submitted information is entitled to
confidential treatment.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 4
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information; processing and
maintaining information and disclosing and providing information;
adjusting

the existing ways to comply with any previously applicable instructions
and requirements which have subsequently changed; training personnel to
be able to respond to a collection of information; searching data
sources; completing and reviewing the collection of information; and
transmitting or otherwise disclosing the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 1,650.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,412.30 hours.
    Estimated total annual costs: $109,922.45. This includes an
estimated burden cost of $0 for capital investment or maintenance and
operational costs.

Are there changes in the estimates from the last approval?

    There is a decrease of 6,063 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This change is predicated upon estimates that were
received from the requester community on the actual burden in
responding to these requests.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit comments to OMB. If you have any questions about
this ICR or the approval process, please contact the technical person
listed under FOR FURTHER INFORMATION CONTACT.

    Dated: September 21, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-24292 Filed 9-27-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Page 64632]
[FR Doc No: 2018-27252]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice to Manufacturers of Lithium-ion Secondary Cell Battery
Packs or Comparable Secondary Cell Battery Packs

AGENCY: Federal Aviation Administration (FAA), U.S. DOT.

ACTION: Notice; Request for Information.

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

SUMMARY: Projects funded under the Airport Improvement Program (AIP)
must meet the requirements of Title 49 Buy American Preferences. The
FAA is considering issuing waivers to foreign manufacturers of Lithium-
ion Secondary Cell Battery Packs, or any comparable secondary cell
battery packs, that meet the requirements of eligible airport-dedicated
vehicles identified in Title 49 Zero-Emission Airport Vehicles and
Infrastructure Program. This section allows the FAA to award Airport
Improvement Program (AIP) grant funds for the acquisition and operation
of zero-emissions vehicles (ZEVs) at an airport, including the
construction or modification of infrastructure to facilitate the
delivery of fuel and services necessary for the use of such vehicles.
The FAA is requesting any information from battery makers on the
availability of lithium-ion secondary cell battery packs or comparable
products manufactured in the U.S. and capable of meeting heavy-duty
transit applications of the ZEV and ``FAA Buy American'' requirements
of the AIP.

DATES: Information requested must be received by January 16, 2019.

FOR FURTHER INFORMATION CONTACT: Carlos N. Fields, Airport Planning and
Programming, APP 520, Room 619, FAA, 800 Independence Avenue SW,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAA manages a Federal grant program for
the planning and development of public-use airports called the Airport
Improvement Program (AIP). AIP grant funds support awards made to
eligible projects under the Airport Zero Emissions Vehicle (ZEV) and
Infrastructure Pilot Program. All AIP grant recipients, regardless of
program affiliation, must follow Title 49, U.S.C. 50101, Buy American
Preferences.
    Under Title 49, U.S.C. 50101(b)(2), the Secretary of Transportation
may waive the Buy American Preference requirement if the goods are not
produced in a sufficient and reasonably available amount or are not of
a satisfactory quality.
    The purpose of this notice is to request manufacturers of small-
form-factor secondary cells meeting the needs of particular airport
applications, including heavy-duty transit equipment under the ZEV
program, to submit a statement of interest and product description, a
completed FAA Product Content Percentage Worksheet, and Product Final
Assembly Questionnaire. Both forms are located on the FAA website:
https://www.faa.gov/airports/aip/buy_american/. The submission must be
sent via email and on company letterhead.
    The FAA needs to determine if there is a sufficient quantity of
lithium (or comparable) secondary cells produced in the United States
capable of meeting the requirements to equip eligible airport-dedicated
vehicles identified in Title 49, U.S.C. 47136a, Zero-Emission Airport
Vehicles and Infrastructure.
    If the FAA finds that lithium or comparable cells produced in the
United States are not sufficiently available in both quantity and
quality, then it may recommend to the Secretary of Transportation to
issue a nationwide waiver to the foreign manufacturer(s) identified as
being capable of meeting the technical requirements of eligible
airport-dedicated vehicles identified in Title 49, U.S.C. 47136a, Zero-
Emission Airport Vehicles and Infrastructure.
    The FAA may recommend final approval of the waiver to the Secretary
of Transportation, who has final decision authority.
    Waivers will not be issued for manufacturers that do not fully meet
the technical requirements. This ``nationwide waiver'' would signify
the eligibility of equipment to be used on airport projects without
having to receive separate project specific waivers. Having a
nationwide waiver allows projects to start quickly without have to wait
for the Buy American analysis to be completed for every project.

    Issued in Washington, DC on December 11, 2018.
Michael S. Hines,
Acting Manager, Airports Financial Assistance Division.
[FR Doc. 2018-27252 Filed 12-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1804-1808]
[FR Doc No: 2022-00381]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93919; File No. SR-NYSENAT-2021-25]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Extending
the Expiration Date of the Temporary Amendments to Rules 10.9261 and
10.9830

January 6, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 27, 2021, NYSE National, Inc. (``NYSE National''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes extending the expiration date of the
temporary amendments to Rules 10.9261 and 10.9830 as set forth in SR-
NYSENAT-2020-31 from December 31, 2021, to March 31, 2022, in
conformity with recent changes by the Financial Industry Regulatory
Authority, Inc. (``FINRA''). The proposed rule change would not make
any changes to the text of NYSE National Rules 10.9261 and 10.9830. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes extending the expiration date of the
temporary amendments as set forth in SR-NYSENAT-2020-31 \4\ to Rules
10.9261 (Evidence and Procedure in Hearing) and 10.9830 (Hearing) from
December 31, 2021, to March 31, 2022 to harmonize with recent changes
by FINRA to extend the expiration date of the temporary amendments to
its Rules 9261 and 9830. SR-NYSENAT-2020-31 temporarily granted to the
Chief or Deputy Chief Hearing Officer the authority to order that
hearings be conducted by video conference if warranted by public health
risks posed by in-person hearings during the ongoing COVID-19 pandemic.
The proposed rule change would not make any changes to the text of
Exchange Rules 10.9261 and 10.9830.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 90137 (October 8,
2020), 85 FR 65087 (October 14, 2020) (SR-NYSENAT-2020-31) (``SR-
NYSENAT-2020-31'').
    \5\ The Exchange may submit a separate rule filing to extend the
expiration date of the proposed extension beyond March 31, 2022 if
the Exchange requires additional temporary relief from the rule
requirements identified in SR-NYSENAT-2020-31. The amended NYSE
National rules will revert back to their original state at the
conclusion of the temporary relief period and any extension thereof.
---------------------------------------------------------------------------

Background
    In 2018, NYSE National adopted disciplinary rules that are, with
certain exceptions, substantially the same as the disciplinary rules of
its affiliate NYSE American LLC, which are in turn substantially
similar to the FINRA Rule 8000 Series and Rule 9000 Series, and which
set forth rules for conducting investigations and enforcement
actions.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 83289 (May 17,
2018), 83 FR 23968, 23976 (May 23, 2018) (SR-NYSENAT-2018-02)
(``2018 Approval Order'').
---------------------------------------------------------------------------

    In adopting disciplinary rules modeled on FINRA's rules, NYSE
National adopted the hearing and evidentiary processes set forth in
Rule 10.9261 and in Rule 10.9830 for hearings in matters involving
temporary and permanent cease and desist orders under the Rule 10.9800
Series. As adopted, the text of Rule 10.9261 and Rule 10.9830 are
substantially the same as the FINRA rules with certain
modifications.\7\
---------------------------------------------------------------------------

    \7\ See id.
---------------------------------------------------------------------------

    In response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities, on August 31,
2020, FINRA filed with the Commission a proposed rule change for
immediate effectiveness, SR-FINRA-2020-027, which allowed FINRA's
Office of Hearing Officers (``OHO'') to conduct hearings, on a
temporary basis, by video conference, if warranted by the current
COVID-19-related public health risks posed by an in-person hearing.
Among the rules FINRA amended were Rules 9261 and 9830.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 89737 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027) (``SR-
FINRA-2020-027'').
---------------------------------------------------------------------------

    Given that FINRA and OHO administers disciplinary hearings on the
Exchange's behalf, and that the public health concerns addressed by
FINRA's amendments apply equally to Exchange disciplinary hearings, on
September 29, 2020, the Exchange filed to temporarily amend Rule
10.9261 and Rule 10.9830 to permit FINRA to conduct virtual hearings on
its behalf.\9\ In December 2020, FINRA filed a proposed rule change,
SR-FINRA-2020-042, to extend the expiration date of the temporary
amendments in SR-FINRA-2020-027 from December 31, 2020, to April 30,
2021.\10\ On December 22, 2020, the Exchange similarly filed to extend
the temporary amendments to Rule 10.9261 and Rule 10.9830 to April 30,
2021.\11\ On April 1, 2021, FINRA filed a proposed rule change, SR-
FINRA-2021-006, to extend the expiration date of the temporary rule
amendments to, among other rules, FINRA Rule 9261 and 9830 from April
30, 2021, to August 31, 2021.\12\ On April 20, 2021, the Exchange filed
to extend the temporary amendments to Rule 10.9261 and Rule 10.9830 to
August 31, 2021.\13\ On August 13, 2021, FINRA filed a proposed rule
change, SR-FINRA-2021-019, to extend the expiration date of the
temporary amendments to, among other rules, FINRA Rule 9261 and 9830
from August 31, 2021, to December 31, 2021.\14\ On August 27, 2021, the
Exchange filed to extend the temporary amendments to Rule 10.9261 and
Rule 10.9830 to December 31, 2021, after which the temporary amendments
will expire absent another proposed rule change filing by the
Exchange.\15\
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    \9\ See note 4, supra.
    \10\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042).
    \11\ See Securities Exchange Act Release No. 90822 (December 30,
2020), 86 FR 627 (January 6, 2021) (SR-NYSENAT-2020-39).
    \12\ See Securities Exchange Act Release No. 91495 (April 7,
2021), 86 FR 19306 (April 13, 2021) (SR-FINRA-2021-006).
    \13\ See Securities Exchange Act Release No. 91634 (April 22,
2021), 86 FR 22477 (April 28, 2021) (SR-NYSENAT-2021-11).
    \14\ See Securities Exchange Act Release No. 92685 (August 17,
2021), 86 FR 47169 (August 23, 2021) (SR-FINRA-2021-019).
    \15\ See Securities Exchange Act Release No. 92907 (September 9,
2021), 86 FR 51424 (September 15, 2021) (SR-NYSENAT-2021-16).
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    While there are signs of improvement, FINRA has determined that
much uncertainty remains for the coming months. The presence of the
Delta variant, dissimilar vaccination rates throughout the United
States, and the uptick in transmissions in many locations indicate that
COVID-19 remains an active and real public health concern.\16\ Due to
the uncertainty and the lack of a clear timeframe for a sustained and
widespread abatement of COVID-19-related health concerns and
corresponding restrictions,\17\ FINRA believes that there is a
continued need for temporary relief beyond December 31, 2021.\18\ On
December 7, 2021,

FINRA accordingly filed to extend the expiration date of the temporary
rule amendments to, among other rules, FINRA Rule 9261 and 9830 from
December 31, 2021, to March 31, 2022.\19\
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    \16\ See Securities Exchange Act Release No. 93758 (December 13,
2021), 86 FR 71695 (December 17, 2021) (SR-FINRA-2021-031) (``SR-
FINRA-2021-031''). FINRA noted that, for example, President Joe
Biden on July 29, 2021, announced several measures to increase the
number of people vaccinated against COVID-19 and to slow the spread
of the Delta variant, including strengthening safety protocols for
federal government employees and contractors. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/29/factsheet-president-biden-to-announce-new-actions-to-get-more-americansvaccinated-and-slow-the-spread-of-the-delta-variant/.
Thereafter, the Biden Administration announced on November 4, 2021,
details of two major vaccination policies to further help fight
COVID-19. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/factsheet-biden-administration-announces-details-of-two-major-vaccination-policies/. Most recently, President
Biden announced several new actions to help protect Americans
against the Delta and Omicron variants. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/02/factsheet-president-biden-announces-new-actions-to-protect-americans-against-thedelta-and-omicron-variants-as-we-battle-covid-19-this-winter/. See SR-FINRA-2021-031, 86 FR at 71695, n. 6.
    \17\ For instance, FINRA noted that the Centers for Disease
Control and Prevention (``CDC'') recently announced that the first
confirmed case of COVID-19 caused by the Omicron variant was
detected in the United States. See https://www.cdc.gov/media/releases/2021/s1201-omicron-variant.html. The CDC also recommends
that fully vaccinated people wear a mask in public indoor settings
in areas of substantial or high transmission and noted that fully
vaccinated people might choose to wear a mask regardless of the
level of transmission, particularly if they are immunocompromised or
at increased risk for severe disease from COVID-19. See https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html. Furthermore, as FINRA also noted, numerous states
currently have COVID-19 restrictions in place. Six states (Hawaii,
Illinois, Nevada, New Mexico, Oregon, and Washington) require most
people to wear masks in indoor public places regardless of
vaccination status, and three states (California, Connecticut, and
New York) have mask mandates in indoor public places for those
individuals who are unvaccinated. Several other states have mask
mandates in certain settings, such as healthcare facilities,
schools, and correctional facilities. See SR-FINRA-2021-031, 86 FR
at 71696, n. 7.
    \18\ See SR-FINRA-2021-031, 86 FR at 71695-96.
    \19\ See SR-FINRA-2021-031, 86 FR at 71695.
---------------------------------------------------------------------------

Proposed Rule Change
    Consistent with FINRA's recent proposal, the Exchange proposes to
extend the expiration date of the temporary rule amendments to NYSE
National Rules 10.9261 and 10.9830 as set forth in SR-NYSENAT-2020-31
from December 31, 2021, to March 31, 2022.
    As set forth in SR-FINRA 2021-031, while there are signs of
improvement, much uncertainty remains for the coming months. The
presence of the Delta variant, dissimilar vaccination rates throughout
the United States, and the uptick in transmissions in many locations
indicate that COVID-19 remains an active and real public health
concern.\20\ Due to the uncertainty and the lack of a clear timeframe
for a sustained and widespread abatement of COVID-19-related health
concerns and corresponding restrictions,\21\ FINRA believes that there
is a continued need for temporary relief beyond December 31, 2021.\22\
FINRA accordingly proposed to extend the expiration date of the
temporary rule amendments from December 31, 2021, to March 31, 2022.
---------------------------------------------------------------------------

    \20\ See note 17, supra.
    \21\ See note 16, supra.
    \22\ See SR-FINRA-2021-031, 86 FR at 71695.
---------------------------------------------------------------------------

    The Exchange proposes to similarly extend the expiration date of
the temporary rule amendments to NYSE National Rules 10.9261 and
10.9830 as set forth in SR-NYSENAT-2020-31 from December 31, 2021, to
March 31, 2022. The Exchange agrees with FINRA that, while there are
signs of improvement, much uncertainty remains for the coming months.
The Exchange also agrees that, due to the uncertainty and the lack of a
clear timeframe for a sustained and widespread abatement of COVID-19-
related health concerns and corresponding restrictions, for the reasons
set forth in SR-FINRA-2021-031, there is a continued need for this
temporary relief beyond December 31, 2021. The proposed change would
permit OHO to continue to assess, based on critical COVID-19 data and
criteria and the guidance of health and security consultants, whether
an in-person hearing would compromise the health and safety of the
hearing participants such that the hearing should proceed by video
conference. As noted in SR-FINRA-2021-031, in deciding whether to
schedule a hearing by video conference, OHO may consider a variety of
other factors in addition to COVID-19 trends. Similarly, as noted in
SR-FINRA-2021-031, in SR-FINRA-2020-027, FINRA provided a non-
exhaustive list of other factors OHO may take into consideration,
including a hearing participant's individual health concerns and access
to the connectivity and technology necessary to participate in a video
conference hearing.\23\ The Exchange believes that this is a reasonable
procedure to continue to follow for hearings under Rules 9261 and 9830
chaired by a FINRA employee.
---------------------------------------------------------------------------

    \23\ See SR-FINRA-2021-031, 86 FR at 71695, n. 13.
---------------------------------------------------------------------------

    As noted below, the Exchange has filed the proposed rule change for
immediate effectiveness and has requested that the SEC waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing, so the Exchange can implement the
proposed rule change immediately.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\24\ in general, and furthers the objectives of Section
6(b)(5),\25\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with Sections 6(b)(7) and 6(d) of the Act.\26\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
    \26\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change supports the
objectives of the Act by providing greater harmonization between
Exchange rules and FINRA rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and will
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
    The proposed rule change, which extends the expiration date of the
temporary amendments to Exchange rules consistent with FINRA's
extension to its Rules 9261 and 9830 as set forth in SR-FINRA-2021-031,
will permit the Exchange to continue to effectively conduct hearings
during the COVID-19 pandemic. Given the current and frequently changing
COVID-19 conditions and the uncertainty around when those conditions
will see meaningful, widespread and sustained improvement, without this
relief allowing OHO to proceed by video conference, some or all
hearings may have to be postponed. The ability to conduct hearings by
video conference will permit the adjudicatory functions of the
Exchange's disciplinary rules to continue unabated, thereby avoiding
protracted delays. The Exchange believes that this is especially
important in matters where temporary and permanent cease and desist
orders are sought because the proposed rule change would enable those
hearings to continue to proceed without delay, thereby enabling the
Exchange to continue to take immediate action to stop significant,
ongoing customer harm, to the benefit of the investing public.
    As set forth in detail in SR-NYSENAT-2020-31, the temporary relief
to permit hearings to be conducted via video conference maintains fair
process and will continue to provide fair process consistent with
Sections 6(b)(7) and 6(d) of the Act \27\ while striking an appropriate
balance between providing fair process and enabling the Exchange to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets while avoiding the COVID-19-related public
health risks for hearing participants. The Exchange notes that this
proposal, like SR-NYSENAT-2020-31, provides only temporary relief. As
proposed, the changes would be in place through March 31, 2022. As
noted in SR-NYSENAT-2020-31 and above, the amended rules will revert
back to their original state at the conclusion of the temporary relief
period and, if applicable, any extension thereof.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

    Accordingly, the proposed rule change extending this temporary
relief is in the public interest and consistent with the Act's purpose.

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

    The Exchange does not believe that the proposed temporary rule
change will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is not intended to address competitive issues but is rather
intended solely to provide continued temporary relief given the impacts
of the COVID-19 pandemic and the related health and safety risks of
conducting in-person activities. The Exchange believes that the
proposed rule change will prevent unnecessary impediments to critical
adjudicatory processes and its ability to fulfill its statutory
obligations to protect investors and maintain fair and orderly markets
that would otherwise result if the temporary amendments were to expire
on December 31, 2021.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \28\ and Rule 19b-4(f)(6) thereunder.\29\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \29\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \30\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\31\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that the proposed rule change to extend the expiration date
will continue to prevent unnecessary impediments to its critical
adjudicatory processes, and its ability to fulfill its statutory
obligations to protect investors and maintain fair and orderly markets,
that would otherwise result if the temporary amendments were to expire
on December 31, 2021.\32\ Importantly, the Exchange has also stated
that extending the relief provided in SR-NYSENAT-2020-31 immediately
upon filing and without a 30-day operative delay will allow the
Exchange to continue critical adjudicatory and review processes in a
reasonable and fair manner and meet its critical investor protection
goals, while also following best practices with respect to the health
and safety of hearing participants.\33\ The Commission also notes that
this proposal extends without change the temporary relief previously
provided by SR-NYSENAT-2020-31.\34\ As proposed, the changes would be
in place through March 31, 2022 and the amended rules will revert back
to their original state at the conclusion of the temporary relief
period and, if applicable, any extension thereof.\35\ For these
reasons, the Commission believes that waiver of the 30-day operative
delay for this proposal is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\36\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ 17 CFR 240.19b-4(f)(6)(iii).
    \32\ See supra Item II.
    \33\ See SR-FINRA-2021-031 at 71698 (noting the same with
respect to FINRA employees in granting FINRA's request to waive the
30-day operative delay so that SR-FINRA-2021-031 would become
operative immediately upon filing).
    \34\ See supra note 4.
    \35\ See supra note 5. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond March 31, 2022 it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \36\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \37\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSENAT-2021-25 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-NYSENAT-2021-25. 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-NYSENAT-2021-25 and should be submitted
on or before February 2, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00381 Filed 1-11-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30899-30900]
[DOCID:fr02jn10-149]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fourth Meeting: RTCA Special Committee 223: Airport Surface
Wireless Communications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 223: Airport Surface Wireless
Communications meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 223: Airport Surface Wireless
Communications.

DATES: The meeting will be held June 15-16, 2010 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC, 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special Committee 223: Airport Surface
Wireless Communications meeting. The agenda will include:

Tuesday, June 15, 2010

Tuesday Morning--Plenary

 Opening Session (Welcome, Introductions, Administrative
Remarks, Approve/Review Meeting 3 Summary, RTCA Paper No. 084-
10/SC223-007)
     Special Committee Leadership
     Designated Federal Official (DFO): Mr. Brent Phillips
     Co-Chair: Mr. Aloke Roy, Honeywell International
     Co-Chair: Mr. Ward Hall, ITT Corporation
 Agenda Overview
 AeroMACS Profile Working Group Status
 AeroMACS User Services & Applications Ad-Hoc Working Group
Status
 3rd Plenary action item status
 Assignment of MOPS working group leader
 AeroMACS test and evaluation interim results

Tuesday Afternoon--Profiles WG Breakout Session

 Document Structure
 Technical work on AeroMACS Profile

Wednesday, June 16, 2010

Wednesday Morning--User Services & Applications (USAS) Breakout Session

 User services and applications definition

Wednesday Afternoon--Reconvene Plenary

 Profiles WG Status Report and Plenary Guidance
 USAS WG Status Report and Plenary Guidance
 Establish Agenda, Date and Place for the next plenary meeting
 Review of Meeting summary report
 Adjourn--Expected by 3 p.m. on June 16th
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on May 25, 2010.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010-13142 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P