[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44028-44029]
[FR Doc No: 2011-18620]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1999-DR; Docket ID FEMA-2011-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-1999-DR), dated July 1, 2011, and
related determinations.

DATES: Effective Date: July 1, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 1, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Texas resulting from wildfires during the period of April 6 to
May 3, 2011, is of sufficient severity and magnitude to warrant a
major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program. Consistent with the
requirement that Federal assistance is supplemental, any Federal
funds provided under the Stafford Act for Public Assistance will be
limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Andrews, Archer, Armstrong, Bailey, Baylor, Brewster, Callahan,
Carson, Castro, Clay, Coleman, Concho, Cottle, Crockett, Dawson,
Duval, Eastland, Garza, Glasscock, Hall, Hemphill, Hockley, Irion,
Kent, King, Lynn, Martin, Mason, Mitchell, Moore, Motley, Pecos,
Presidio, Scurry, Stephens, Sterling, Sutton, Terrell, Terry,
Throckmorton, Tom Green, Trinity, Tyler, Val Verde, and Young
Counties for emergency protective measures (Category B), including
direct Federal assistance, under the Public Assistance program.

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

and Households--Other Needs; 97.036, Disaster Grants--Public
Assistance (Presidentially Declared Disasters); 97.039, Hazard
Mitigation Grant.

    Dated: July 18, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-18620 Filed 7-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: July 24, 2008 (Volume 73, Number 143)]
[Proposed Rules]
[Page 43186-43188]
[DOCID:fr24jy08-22]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0537; FRL-8697-5]

Revisions to the California State Implementation Plan, Approval
of the South Coast Air Quality Management District--Reasonably
Available Control Technology Analysis

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern the District's
analysis of whether its rules meet Reasonably Available Control
Technology (RACT) under the 8-hour ozone National Ambient Air Quality
Standard (NAAQS). We are approving the analysis under the Clean Air Act
as amended in 1990 (CAA or the Act). We are taking comments on this
proposal and plan to follow with a final action.

DATES: Any comments must arrive by August 25, 2008.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0537, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail<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 e-mail.
    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 e-mail directly to EPA, your e-
mail 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.
    Docket: The index to the docket for this action is 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 in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
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: Stanley Tong, EPA Region IX, (415)
947-4122<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted RACT SIP analysis?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the RACT SIP analysis?
    B. Does the analysis meet the evaluation criteria?

    C. EPA Recommendation To Strengthen the SIP
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    Table 1 lists the document addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board.

                                          Table 1.--Submitted Document
----------------------------------------------------------------------------------------------------------------
               Local agency                              Document                   Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD....................................  Reasonably Available Control              07/14/06         01/31/07
                                             Technology Analysis.
----------------------------------------------------------------------------------------------------------------

    This submittal became complete by operation of law on July 31,
2007.

B. Are there other versions of this document?

    There is no previous version of this document in the SIP.

C. What is the purpose of the submitted RACT SIP analysis?

    VOCs and NOX 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 and
NOX emissions. Section 172(c)(1) and 182 require areas that
are designated at moderate or above for ozone non-attainment to adopt
RACT. The SCAQMD falls under this requirement as it is designated as a
severe ozone non-attainment area under the 8-hour NAAQS for ozone (40
CFR 81.305). Therefore, the SCAQMD must, at a minimum, adopt RACT level
controls for sources covered by a Control Technique Guidelines (CTG)
document and for any major non-CTG source. Section IV.G. of EPA's final
rule to implement the 8-hour ozone NAAQS (70 FR 71612, November 29,
2005) discusses RACT requirements. It states in part that where a RACT
SIP is required, State SIPs implementing the 8-hour standard generally
must assure that RACT is met, either through a certification that
previously required RACT controls represent RACT for 8-hour
implementation purposes or through a new RACT determination. The
submitted document provides SCAQMD's analysis of why their rules meet
RACT for the 8-hour NAAQS for ozone. EPA's technical support document
(TSD) has more information about SCAQMD's RACT analysis.

II. EPA's Evaluation and Action

A. How is EPA evaluating the RACT SIP analysis?

    Guidance and policy documents that we use to help evaluate whether
the analysis fulfills RACT include the following:
    1. Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard (70 FR 71612; November 29, 2005).
    2. Letter from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers''.
    3. State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990 (57
FR 13498; April 16, 1992).
    4. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding
of what constitutes a minimally acceptable RACT SIP.
    5. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, ACTs, and
other documents which may help to establish RACT.
    6. Comment letter dated June 28, 2006 from EPA Region IX (Andrew
Steckel) to SCAQMD (Joe Cassmassi) on the 8-hour Ozone Reasonably
Available Control Technology--State Implementation Plan (RACT SIP)
Analysis, draft staff report dated May 2006.

B. Does the analysis meet the evaluation criteria?

    SCAQMD's staff report included a listing of all CTG source
categories and cross matched those CTG categories against the
corresponding District rule which implemented RACT. Given its
designation as a severe ozone non-attainment area, SCAQMD was also
required to analyze RACT for all sources that emit or have the
potential to emit at least 25 tons per year (tpy) of VOC or
NOX. SCAQMD staff searched their permitting database for all
facilities that emitted at least 10 tpy of VOC or NOX and
identified approximately 1,311 such facilities. The staff report states
these facilities have a total of 17,607 permits. SCAQMD's staff report
provides a listing of the Title V facilities along with an example of
how each permitted source in a Title V facility is associated with a
district rule and then those rules are compared to the applicable CTGs
and ACTs. SCAQMD's RACT SIP analysis was made available for public
comment prior to being adopted by the District. No public comments were
received by the SCAQMD during the public workshop or during their 45-
day comment period. We propose to find that the RACT SIP analysis
performed by the SCAQMD is reasonable and demonstrates their rules meet
RACT. We also propose to find that the analysis is consistent with the
CAA, EPA regulations and the relevant policy and guidance documents
listed above. The TSD has more information on our evaluation.

C. EPA Recommendation To Strengthen the SIP

    The TSD describes recommendations for strengthening the SCAQMD SIP
by amending and submitting Rules 1146.1 and 1110.2. SCAQMD's amendments
to Rule 1146.1, ``Emissions of NOX from Small Industrial,
Institutional, and Commercial Boilers'', are planned for a Board
hearing in the fall of 2008. We believe the emission limits in the
existing SIP-approved Rule 1146.1 meets RACT and the anticipated
amendments will further strengthen it. Rule 1110.2, ``Emissions from
Gaseous and Liquid Fueled Internal Combustion Engines'', was amended on
February 1, 2008. In a separate action, Rule 1110.2 will be proposed
for approval into the SIP.

D. Public Comment and Final Action

    Because EPA believes the submitted analysis fulfills all relevant
requirements, we are proposing to fully approve it as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate this document into the federally
enforceable SIP.

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, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

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

    Dated: July 3, 2008.
Kathleen H. Johnson,
Acting Regional Administrator, Region IX.
[FR Doc. E8-16980 Filed 7-23-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61041-61042]
[FR Doc No: 2012-24573]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67952; File No. SR-BX-2012-061]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Offer the
QView Service

October 1, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 21, 2012, NASDAQ OMX BX, Inc. (``BX'' or
``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 Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    BX proposes to adopt the QView service under Rule 7058. The
Exchange is proposing to implement the rule change as soon as possible,
but in no event greater than thirty calendar days from the filing date
of this proposal. The text of the proposed rule change is available at
http://nasdaqomxbx.cchwallstreet.com, at BX's principal office, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, 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 III 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to adopt the new QView service. QView is
a web-based, front-end application, which provides a subscribing member
firm with increased transparency over its trading activity on the
Exchange by allowing the member firm to track its Exchange order
flow.\3\ In particular, a QView subscriber is able to track all of its
trading activity on the Exchange through detailed order and execution
summaries. QView provides a subscribing member with statistics
concerning the total number of executions, total volume, dollar value
of executions, executions by symbol, add versus remove, buy versus
sell, display versus non-display, number of open orders, use of routing
strategies and liquidity code designation. QView also provides
information concerning how the subscribing member firm ranks in BX
market activity as compared to other BX participants. The data provided
by QView is available to the subscribing member both in real-time and
historically. Subscribing member firms are also able to export such
data from QView to other systems.
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    \3\ A subscribing member possessing multiple MPIDs must
designate the MPIDs for which it would like to receive QView
information. A subscribing member, however, may elect to monitor
only the activity occurring through certain ports associated with a
subscribed MPID. A member firm seeking to subscribe to QView that
accesses the Exchange through a sponsored arrangement with another
Exchange member must provide the Exchange with an executed sponsored
access data agreement prior to subscribing to QView. The sponsored
access data agreement makes clear that the subscribing member firm
is permitted to designate the sponsoring firm's MPID for
subscription to QView. A copy of this form may be found here: http://www.nasdaqtrader.com/content/productsservices/trading/QView/QView_SponsoredAccessAgreement.pdf.
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    A member firm must subscribe to TradeInfo BX \4\ to subscribe to
QView. QView was developed to work in conjunction with TradeInfo BX, so
that a subscriber to QView is able to seamlessly filter down to the
specific order or execution information of the orders and executions
provided in the QView dashboard interface. The dashboard also allows a
QView subscriber to track his/her executions and open orders in real-
time, as well as view its executions and open orders as an overall
summary, with all totals displayed by quantity, share volume, or dollar
value. As such, QView provides both an overall summary of a subscribing
member firm's activity, as well as detailed order and execution
information, thus providing the subscriber a comprehensive tool to
track its trading activity.\5\
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    \4\ TradeInfo BX is a web-based tool that, among other things,
allows users access to all of the BX order and execution information
for their entire firm for both equities and options through a single
interface. TradeInfo BX is offered complimentary as part of the
Workstation or separately for a fee of $95 per user per month. See
Rule 7015.
    \5\ For example, QView will inform a subscribing member of its
executions in a particular day and provide a link to the details of
those executions, which is provided by TradeInfo.
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    BX notes that an identical QView service is currently offered by
its sister exchange, The NASDAQ Stock Market LLC for a fee of $600 per
month, per member firm.\6\ BX is proposing to offer QView at no cost at
the present time, but may assess a fee in the future. If it determines
to assess a fee, the Exchange will file a rule change proposal with the
Commission.
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    \6\ See NASDAQ Rule 7058.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b)(5) of the Act,\7\ which requires that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, promote just and equitable principles of trade, foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, protect investors and the public interest. The
Exchange believes the proposed rule

change is consistent with these requirements because the proposed
service provides subscribing members with a useful analytical tool with
which they may access information concerning their order and trade
activity occurring on the Exchange. With this information, subscribing
members may more closely monitor and analyze such activity, and make
more informed investment decisions. Accordingly, the Exchange believes
that the proposed service will further goals of the Act by providing
subscribing members with greater transparency with respect to their
order activity on the Exchange. As noted above, the proposed QView
service is identical to the NASDAQ QView service currently offered to
NASDAQ members.
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    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. To
the contrary, the proposed rule change is pro-competitive in that it
will allow the Exchange to disseminate a new service on a voluntary
basis. QView is voluntary on the part of the Exchange, which is not
required to offer such products and services, and voluntary on the part
of prospective users that are not required to use it and may obtain the
information from other sources.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\10\
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that it may offer QView
at the earliest reasonable time possible. The Exchange notes that the
services offered by BX QView are identical to services offered by
NASDAQ's QView. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would allow the Exchange to
immediately offer its QView service so members may benefit immediately
by tracking their order flow on the Exchange. For this reason, the
Commission designates the proposed rule change to be operative upon the
operative date of the Filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
    \11\ Id.
    \12\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-061 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-061. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2012-061 and should be
submitted on or before October 26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24573 Filed 10-4-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Rules and Regulations]
[Pages 40143-40144]
[FR Doc No: 2021-15838]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0054; Airspace Docket No. 20-AGL-34]
RIN 2120-AA66

Establishment of Area Navigation (RNAV) Routes T-322, T-392, T-
403, and T-405; Central United States.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes area navigation (RNAV) routes T-322,
T-392, T-403, and T-405 in the central United States. The new RNAV
routes expand the availability of RNAV coverage in support of
transitioning the National Airspace System (NAS) from ground-based to
satellite-based navigation. Additionally, a portion of the new RNAV
routes provide enroute structure where VHF Omnidirectional Range (VOR)
Federal airway segments were removed due to the decommissioning of
Sioux City, IA; Park Rapids, MN; and Huron, SD, VORs, in support of the
FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, October 7, 2021. 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 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV routes in the central
United States and improves the efficient flow of air traffic within the
NAS by lessening the dependency on ground-based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0054 in the Federal Register (86 FR 12129; March 2, 2021),
proposing to establish T-322, T-392, T-403, and T-405 to expand the
availability of RNAV routing in support of transitioning the NAS from
ground-based to satellite-based navigation. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received.
    United States RNAV T-routes are published in paragraph 6011 of FAA
Order 7400.11E, dated July 21, 2020, and effective September 15, 2020,
which is incorporated by reference in 14 CFR 71.1. The RNAV T-routes
listed in this document will be published subsequently in the Order.

Differences From the NPRM

    In the NPRM published in the Federal Register for the action
establishing T-322, the FAA mistakenly identified the Redwood Falls,
MN, VOR/DME as ``RWD'' in the regulatory text section describing the
proposed route. The correct identifier is ``RWF'' and is corrected in
regulatory text of this rule.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

    This action amends 14 CFR part 71 by establishing RNAV routes T-
322, T-392, T-403, and T-405. This action is necessary in order to
expand the availability of RNAV routing in support of transitioning the
NAS from ground-based to satellite-based navigation. The new T-routes
are described below.
    T-322: T-322 is a new RNAV route that extends between the Rapid
City, SD, VOR/Tactical Air Navigation (VORTAC) and the Redwood Falls,
MN, VOR/Distance Measuring Equipment (VOR/DME). This T-route provides
enroute routing overlaying VOR Federal airway V-26.
    T-392: T-392 is a new RNAV route that extends between the MZEEE,
IA, waypoint (WP) located near the Sioux City, IA, Tactical Air
Navigation (TACAN) navigation aid and the GRSIS, MN, WP located near
the Fairmont, MN, DME.
    T-403: T-403 is a new RNAV route that extends between the GENEO,
MN, WP located near the Darwin, MN, VORTAC and the BLUOX, MN, fix
located 40 NM North of the Park Rapids, MN, DME. This T-route provides
enroute routing adjacent to VOR Federal airway V-171 between the
Darwin, MN, VORTAC and the Alexandria, MN, VOR/DME, and overlays VOR
Federal airway V-175 between the Alexandria, MN, VOR/DME and the BLUOX,
MN, fix.
    T-405: T-405 is a new RNAV route that extends between the FIITS,
SD, WP located near the Yankton, SD, VOR/DME and the GICHI, ND, WP
located near the Devils Lake, ND, VOR/DME. This T-route provides
enroute routing adjacent to VOR Federal airway V-159 between the
Yankton, SD, VOR/DME and the Huron, SD, DME; enroute routing adjacent
to VOR Federal airway V-15 between the Huron, SD, DME and the Aberdeen,
SD, VOR/DME; and enroute routing adjacent to VOR Federal airway V-170
between the Aberdeen, SD, VOR/DME and the Devils Lake, ND, VOR/DME.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

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

Environmental Review

    The FAA has determined that this action of establishing RNAV routes
T-322, T-392, T-403, and T-405, to expand the availability of RNAV
routing in support of transitioning the NAS from ground-based to
satellite-based navigation, qualifies for categorical exclusion under
the National Environmental Policy Act (42 U.S.C. 4321 et seq) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    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 part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

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

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-322 Rapid City, SD (RAP) to Redwood Falls, MN (RWF) [New]

Rapid City, SD (RAP)                           VORTAC                        (Lat. 43[deg]58'33.74'' N, long. 103[deg]00'44.38'' W)
Philip, SD (PHP)                               VOR/DME                       (Lat. 44[deg]03'29.66'' N, long. 101[deg]39'51.10'' W)
Pierre, SD (PIR)                               VORTAC                        (Lat. 44[deg]23'40.40'' N, long. 100[deg]09'46.11'' W)
DAKPE, SD                                      WP                            (Lat. 44[deg]25'58.37'' N, long. 098[deg]42'23.05'' W)
Redwood Falls, MN (RWF)                        VOR/DME                       (Lat. 44[deg]28'02.19'' N, long. 095[deg]07'41.63'' W)

                                                                      * * * * * * *
T-392 MZEEE, IA to GRSIS, MN [New]

MZEEE, IA                                      WP                            (Lat. 42[deg]20'40.66'' N, long. 096[deg]19'24.54'' W)
KAATO, IA                                      WP                            (Lat. 42[deg]35'06.89'' N, long. 095[deg]58'53.08'' W)
BERRG, IA                                      WP                            (Lat. 43[deg]08'17.21'' N, long. 095[deg]10'46.46'' W)
GRSIS, MN                                      WP                            (Lat. 43[deg]38'45.54'' N, long. 094[deg]25'21.17'' W)

T-403 GENEO, MN to BLUOX, MN [New]

GENEO, MN                                      WP                            (Lat. 45[deg]05'15.37'' N, long. 094[deg]27'14.30'' W)
Alexandria, MN (AXN)                           VOR/DME                       (Lat. 45[deg]57'30.20'' N, long. 095[deg]13'57.48'' W)
Park Rapids, MN (PKD)                          DME                           (Lat. 46[deg]53'53.34'' N, long. 095[deg]04'15.21'' W)
BLUOX, MN                                      WP                            (Lat. 47[deg]34'33.13'' N, long. 095[deg]01'29.11'' W)

T-405 FIITS, SD TO GICHI, ND [New]

FIITS, SD                                      WP                            (Lat. 42[deg]55'06.67'' N, long. 097[deg]23'06.31'' W)
Mitchell, SD (MHE)                             VOR/DME                       (Lat. 43[deg]46'37.28'' N, long. 098[deg]02'15.28'' W)
DIDDL, SD                                      WP                            (Lat. 44[deg]26'24.32'' N, long. 098[deg]18'39.06'' W)
Aberdeen, SD (ABR)                             VOR/DME                       (Lat. 45[deg]25'02.48'' N, long. 098[deg]22'07.39'' W)
Jamestown, ND (JMS)                            VOR/DME                       (Lat. 46[deg]55'58.34'' N, long. 098[deg]40'43.57'' W)
FARRM, ND                                      FIX                           (Lat. 47[deg]29'14.17'' N, long. 099[deg]01'34.50'' W)
GICHI, ND                                      WP                            (Lat. 48[deg]06'54.20'' N, long. 098[deg]54'45.14'' W)

    Issued in Washington, DC, on July 21, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-15838 Filed 7-26-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Notices]
[Page 22191-22194]
[DOCID:fr12my09-69]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59858; File No. SR-NASDAQ-2009-039]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Amend the Certificate of
Incorporation and By-Laws of The NASDAQ OMX Group, Inc.

May 4, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 27, 2009, The NASDAQ Stock Market LLC (the ``NASDAQ
Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the NASDAQ Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NASDAQ Exchange is filing this proposed rule change with regard
to proposed changes to the Restated Certificate of Incorporation (the
``Certificate'') and the By-Laws of its parent corporation, The NASDAQ
OMX Group, Inc. (``NASDAQ OMX''). The proposed rule change will be
implemented as soon as practicable following approval by the
Commission. The text of the proposed rule change is available at http:/
/www.cchwallstreet.com/nasdaq, at the NASDAQ Exchange's principal
office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NASDAQ OMX is proposing to make certain amendments to its By-Laws
to make improvements in its governance and update several provisions.
    The proposed changes to the By-Laws are as follows:
     Article I is being amended to reflect the recent name
changes of the Philadelphia Stock Exchange and the Boston Stock
Exchange to NASDAQ OMX PHLX, Inc. and NASDAQ OMX BX, Inc.,
respectively.
     Article III is being amended to modify the procedures
governing proposals by stockholders, including proposals by
stockholders to nominate directors. Specifically, the amendment will
require a stockholder making a proposal to supply more complete
information about the stockholder's background, including a description
of any agreement, arrangement, or understanding between the
stockholder, the beneficial owner of the stock, and any other persons
acting in concert with them; a description of any agreement,
arrangement or understanding (including any derivative or short
positions, profit interests, options, warrants, convertible securities,
stock appreciation or similar rights, hedging transactions, and
borrowed or loaned shares), the effect or intent of which is to
mitigate loss to, manage risk or benefit of share price changes for, or
increase or decrease the voting power of, such stockholder or such
beneficial owner, with respect to shares of stock of NASDAQ OMX; and
any other information regarding the stockholder and beneficial owner
that would be required to be disclosed in a proxy statement under
Section 14(a) of the Act. These changes are designed to provide the
NASDAQ OMX Board of Directors and its stockholders with greater insight
into the identity and intentions of persons presenting stockholder
proposals to allow more thorough consideration of the merits of such
proposals. These requirements are deemed satisfied, however, in the
case of a proposal that is validly submitted under the rules and
regulations promulgated under the Act (i.e., SEC Rule 14a-8) and
included in NASDAQ OMX's proxy. However, compliance with the By-Laws or
with SEC Rule 14a-8 provides the exclusive means for stockholders to
make proposals. The amendments also provide that a representative of a
stockholder qualified to appear at an annual meeting must be an
officer, manager or partner of the stockholder or must have written
authorization from the stockholder. The amendments also make several
minor clarifying changes to the text of Article III.
     Article IV is being amended to state explicitly that the
Management Compensation Committee and the Audit Committee must be
composed exclusively of independent directors within the meaning of the
rules of the NASDAQ Stock Market that govern NASDAQ OMX's listing (and,
in the case of the Audit Committee, Section 10A of the Act).\3\
Although NASDAQ OMX adheres scrupulously to the independence
requirements imposed by the NASDAQ Stock Market and the Act, it
believes that these requirements should be explicitly stated in the By-
Laws as well. NASDAQ OMX is also removing language making its Chief
Executive Officer an ex-officio, non-voting member of the Management
Compensation Committee. In this regard, listing standards of the NASDAQ
Stock Market require management compensation determinations regarding
executive officers to be made by vote of the Board's independent
directors, or by vote of or upon the recommendation of a committee
composed solely of independent directors.\4\ NASDAQ OMX has satisfied
this requirement by submitting compensation decisions to the vote of
all of NASDAQ OMX's independent directors, but removing the Chief
Executive Officer as an ex-officio director will provide it with
flexibility to act upon the vote or upon the recommendation of the
committee.
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    \3\ 15 U.S.C. 78j-1(m). Notably, ``Staff Directors,'' who are
officers of NASDAQ OMX serving on the NASDAQ OMX Board, are not
considered independent under these provisions, and are therefore
ineligible for service on the Audit Committee or Management
Compensation Committee, or, as discussed below, the newly
constituted Nominating Committee.
    \4\ NASDAQ Exchange Rule 4350(c)(3).
---------------------------------------------------------------------------

     Currently, NASDAQ OMX's Nominating Committee is required
to be composed of persons who are not directors or who are directors
not standing for re-election. This compositional requirement, which
NASDAQ OMX's predecessor, The Nasdaq Stock Market, Inc., originally
adopted while it was a wholly owned subsidiary of the National
Association of Securities Dealers (``NASD''), is highly unusual for a
public company such as NASDAQ OMX. In light of NASDAQ OMX's continued
evolution into a public company with global operations, NASDAQ OMX
believes that it is appropriate to adopt a standard nominating
committee structure in which the committee is composed exclusively of
independent directors. Under the amended by-law, the nominating
committee shall consist of four or five directors, each of whom shall
be an independent director within the meaning [sic] the rules of the
NASDAQ Exchange. In addition, the number of Non-Industry Directors
(i.e., Directors without material ties to the securities industry) must
equal or exceed the number of Industry Directors, and at least two
members of the committee must be Public Directors (i.e., directors who
have no material business relationship with a broker or dealer, NASDAQ
OMX or its affiliates, or FINRA).
     Article VIII is being amended to provide that NASDAQ OMX
shall provide indemnification against liability, advancement of
expenses, and the power to purchase and maintain insurance on behalf of
persons serving as a director, officer, or employee of any wholly owned
subsidiary of NASDAQ OMX to the same extent as indemnification,
advancement of expenses, and the power to maintain insurance is
provided for directors, officers, or employees of NASDAQ OMX. Thus, for
example, a director of one of NASDAQ OMX's US or Nordic exchanges would
be entitled to indemnification (and advancement of expenses) by NASDAQ
OMX if made a party to a lawsuit to the same extent as a director of
NASDAQ OMX. Similarly, the discretionary authority of NASDAQ OMX under
Section 8.1(c) of the By-Laws to provide indemnification to persons
serving as an agent of NASDAQ OMX is being extended to persons serving
as an agent of any wholly owned subsidiary of NASDAQ OMX. Article VIII
is also amended to clarify that any repeal, modification or amendment
of, or adoption of any provision inconsistent with, the indemnification
and advancement of expenses provided for in Article VIII will not
adversely affect the right of any person covered by the provision if
the act or omission that any proceeding arises out of or is related to
had occurred prior to the time for the repeal, amendment, adoption or
modification.
     Article IX is being amended to modernize the language of
the provisions dealing with capital stock to reflect possible
participation in the Direct Registration System (the ``DRS''). The DRS
provides for the electronic registration of eligible securities in an
investor's name on the books of the transfer agent or corporation,
eliminating the need for physical stock certificates or shares held in
book-entry form by the beneficial owner's broker.

Although under the Delaware General Corporation Law, NASDAQ OMX can
authorize participation in the program through a resolution, the
various amendments to Article IX track more closely the language of
Section 158 of the Delaware General Corporation Law, as recently
revised, to explicitly reference the possibility of capital stock in
uncertificated form. The amendments, however, do not require NASDAQ OMX
to participate in the DRS or to eliminate stock certificates.
    Article XII is being amended to conform certain of its provisions
more closely to corresponding provisions in the Amended and Restated
By-Laws of NYSE Euronext (the ``NYSE Euronext By-Laws''). Article XII
contains provisions that govern the relationship between NASDAQ OMX and
each of its subsidiaries that is a self-regulatory organization. First,
the article requires NASDAQ OMX's ``[d]irectors, officers, employees,
and agents'' (emphasis added) to give due regard to the preservation of
the independence of each self-regulatory subsidiary, not to take any
actions that would interfere with each self-regulatory subsidiary's
regulatory functions, to cooperate with the Commission, to consent to
U.S. jurisdiction, and to consent in writing to the applicability of
these provisions. Corresponding provisions of Articles VII, VIII, and
IX of the NYSE Euronext By-Laws, however, do not include the ambiguous
and potentially expansive word ``agent.'' NASDAQ OMX is concerned that
a broad construction of the term--to include not only parties with
which it establishes an explicit contractual agency relationship, but
also other service providers such as law firms and financial advisors
that may act on NASDAQ OMX's behalf on certain occasions--may deter
some parties from providing services to NASDAQ OMX. However, in lieu of
the requirement to obtain specific consents from agents, NASDAQ OMX
proposes to adopt a provision from the NYSE Euronext By-Laws providing
that NASDAQ OMX shall comply with the U.S. Federal securities laws and
the rules and regulations thereunder and shall cooperate with the SEC
and the Self-Regulatory Subsidiaries pursuant to and to the extent of
their respective regulatory authority, and shall take reasonable steps
necessary to cause its agents to cooperate, with the SEC and, where
applicable, the Self-Regulatory Subsidiaries pursuant to their
regulatory authority. Second, Article XII provides that NASDAQ OMX and
its officers, directors and employees \5\ agree to maintain an agent
for service of process in the U.S. By contrast, Article VII of the NYSE
Euronext By-Laws includes a statement that officers, directors and
employees shall be deemed to agree that the Corporation may serve as
the U.S. agent for service of process. Accordingly, NASDAQ OMX proposes
to adopt this more self-executing version. Finally, while the NASDAQ
OMX By-Laws provide that NASDAQ OMX shall take such action as is
necessary to insure that officers, directors and employees consent in
writing to the applicability of these provisions, Article IX of the
NYSE Euronext By-Laws requires only that NYSE Euronext take reasonable
steps necessary to cause officers, directors, and employees to consent.
Although NASDAQ OMX has begun the process of collecting written
consents from current officers, directors, and employees, it believes
that the current language may be unreasonably demanding as applied to a
multinational exchange operator with over 2,000 employees in over 20
countries. Accordingly, NASDAQ OMX proposes to adopt a version of NYSE
Euronext's language, which will require reasonable steps to obtain
consent from both current officers, directors, and employees, as well
as prospective officers, directors, and employees prior to their
acceptance of a position.
---------------------------------------------------------------------------

    \5\ The existing reference to ``agents'' in the sentence is
proposed to be deleted.
---------------------------------------------------------------------------

2. Statutory Basis
    The NASDAQ Exchange believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act,\6\ in general,
and with Sections 6(b)(1) and (b)(5) of the Act,\7\ in particular, in
that the proposal enables the NASDAQ Exchange to be so organized as to
have the capacity to be able to carry out the purposes of the Act and
to comply with and enforce compliance by members and persons associated
with members with provisions of the Act, the rules and regulations
thereunder, and self-regulatory organization rules, and 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 regulating, clearing, settling,
processing information with respect to, and 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. The proposed changes will
enhance the clarity of NASDAQ OMX's governance documents and improve
its Board committee structures.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(1), (5).
---------------------------------------------------------------------------

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

    The NASDAQ Exchange does not believe that the proposed rule change
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-039. This
file number should be included on the subject line if e-mail is used.

    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly.
    All submissions should refer to File Number SR-NASDAQ-2009-039, and
should be submitted on or before June 2, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-10994 Filed 5-11-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Pages 47277-47279]
[FR Doc No: 2019-19426]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP11-2473-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Report Filing: 2018 CICO Filing.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5054.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP11-2474-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Report Filing: 2018 CICO Filing.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5055.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1353-002.
    Applicants: Northern Natural Gas Company
    Description: Compliance filing 20190830 Rate Case Compliance to be
effective 1/1/2020.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5177.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1390-001.
    Applicants: Northern Border Pipeline Company.
    Description: Compliance filing Future Sales of Capacity (RP19-1390-
000) Compliance Filing to be effective 8/19/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5119.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1493-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-conforming--Unocal and
Chevron Ratification Agmt to be effective 9/28/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5013.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1494-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing Chevron
8/29/2019 to be effective 9/1/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5039.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1495-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-08-29 Elevation
and Freepoint to be effective 9/1/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5040.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1496-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Colonial to
DTE 8959073 eff 9-1-19 to be effective 9/1/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5054.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1497-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing 2019 Operational Entitlements Filing
    Filed Date: 8/29/19.
    Accession Number: 20190829-5073.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1498-000.
    Applicants: TransColorado Gas Transmission Company LLC.
    Description: Sec.  4(d) Rate Filing: Fuel and Lost and Unaccounted
For Update Filing to be effective 10/1/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5143.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1499-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (APS Sept 2019) to be effective 9/1/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5153.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1500-000.

    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Pioneer Oct--Dec 2019) to be effective 10/1/2019.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5154.
    Comments Due: 5 p.m. ET 9/10/19.

    Docket Numbers: RP19-1501-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Compliance filing CGT Cashout Report 2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5006.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1502-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Columbia Gas
860005 Sept 1 Releases to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5012.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1503-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Quarterly Fuel Adjustment
Filing to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5045.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1504-000.
    Applicants: Black Hills Gas Distribution LLC, Black Hills Northwest
Wyoming Gas Utilit, Cheyenne Light, Fuel and Power Company, Black Hills
Power, Inc., Black Hills Service Company, LLC.
    Description: Joint Petition for Temporary Waiver of Commission
Policies, Capacity Release Regulations and Policies, et al. of Black
Hills Gas Distribution LLC, et al. under RP19-1504.
    Filed Date: 8/29/19.
    Accession Number: 20190829-5210.
    Comments Due: 5 p.m. ET 9/9/19.

    Docket Numbers: RP19-1505-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta Gas 8438 to various shippers eff 9-1-2019) to be effective 9/
1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5051.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1506-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
September 1 2019 Continental 1011192 to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5052.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1507-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Osaka
46429 to Spotlight 51494) to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5053.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1508-000.
    Applicants: Dominion Energy Questar Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing--Revised
Title Page to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5064.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1509-000.
    Applicants: Dominion Energy Overthrust Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing--Revised
Title Page to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5065.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1510-000.
    Applicants: White River Hub, LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing--Revised
Title Page to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5070.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1511-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Sec.  4(d) Rate Filing: 2019 Semi-annual Fuel &
Electric Power Reimbursement Adjustment to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5072.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1512-000.
    Applicants: Questar Southern Trails Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing--Revised
Title Page to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5073.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1513-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: 2019 Concord September
Amendment to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5074.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1514-000.
    Applicants: UGI Mt. Bethel Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Modification to Annual Charge
Adjustment (ACA) Provision to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5078.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1515-000.
    Applicants: Dominion Energy Cove Point LNG, LP.
    Description: Compliance filing DECP--2019 Revenue Crediting Report.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5080.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1516-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Annual LUF and Fuel True Up
Filing to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5081.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1517-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Sep 2019 to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5082.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1518-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non Conforming Negotiated Rate
TSAs (XOG) to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5100.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1519-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Aethon
37657, 50488 to Scona 51410, 51411) to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5113.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1520-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Operational Purchase and Sales Report of Colorado
Interstate Gas Company, L.L.C. under RP19-1520.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5123.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1521-000.
    Applicants: NEXUS Gas Transmission, LLC.

    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Amended CNX
Gas 860004 eff 9-1-2019 to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5140.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1522-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Conoco Sep 2019) to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5148.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1523-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Sec.  4(d) Rate Filing: Rate Case to be effective 10/
1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5151.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1524-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol 2-Neg Non-Conforming Flex
PLS-Sequent & Non Conform FTS-M-Empire to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5158.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1525-000.
    Applicants: Dominion Energy Carolina Gas Transmission.
    Description: Compliance filing DECG--2019 Penalty Crediting Sharing
Report.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5160.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1526-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming--FTP--Who Dat
MC 547 to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5176.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1527-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: 2019 Winter Fuel Filing to be
effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5180.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1529-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-08-30 5 sharing
Ks to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5185.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1530-000.
    Applicants: Spire STL Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Spire STL Pipeline LLC
Baseline Tariff Filing to be effective 11/15/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5224.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1531-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming & Negotiated
Rate Svc Amd--ConEd to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5228.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1532-000.
    Applicants: MoGas Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: MoGas Pipeline Annual Fuel
Tracker Filing to be effective 10/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5241.
    Comments Due: 5 p.m. ET 9/11/19.

    Docket Numbers: RP19-1533-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--CNX 860004
Releases eff 9-1-2019 to be effective 9/1/2019.
    Filed Date: 8/30/19.
    Accession Number: 20190830-5255.
    Comments Due: 5 p.m. ET 9/11/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 3, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19426 Filed 9-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Page 55105]
[FR Doc No: 2017-25070]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-4853]

Receipt of Notice That a Patent Infringement Complaint Was Filed
Against a Biosimilar Applicant

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing notice
that an applicant for a proposed biosimilar product notified FDA that a
patent infringement action was filed in connection with the applicant's
biologics license application (BLA). Under the Public Health Service
Act (PHS Act), an applicant for a proposed biosimilar product or
interchangeable product must notify FDA within 30 days after the
applicant was served with a complaint in a patent infringement action
described under the PHS Act. FDA is required to publish notice of the
complaint in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Daniel Orr, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 51, Rm. 6246, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: The Biologics Price Competition and
Innovation Act of 2009 (BPCI Act) was enacted as part of the Patient
Protection and Affordable Care Act (Pub. L. 111-148) on March 23, 2010.
The BPCI Act amended the PHS Act and created an abbreviated licensure
pathway for biological products shown to be biosimilar to, or
interchangeable with, an FDA-licensed biological reference product.
Section 351(k) of the PHS Act (42 U.S.C. 262(k)), added by the BPCI
Act, describes the requirements for a BLA for a proposed biosimilar
product or a proposed interchangeable product (351(k) BLA). Section
351(l) of the PHS Act, also added by the BPCI Act, describes certain
procedures for exchanging patent information and resolving patent
disputes between a 351(k) BLA applicant and the holder of the BLA
reference product. If a 351(k) applicant is served with a complaint for
a patent infringement described in section 351(l)(6) of the PHS Act,
the applicant is required to provide FDA with notice and a copy of the
complaint within 30 days of service. FDA is required to publish notice
of a complaint received under section 351(l)(6)(C) of the PHS Act in
the Federal Register.
    FDA received notice of the following complaint under section
351(l)(6)(C) of the PHS Act: Janssen Biotech, Inc. v. Celltrion
Healthcare Co. Ltd., et al., 17-cv-11008 (D. Mass., filed May 31,
2017).
    FDA has only a ministerial role in publishing notice of a complaint
received under section 351(l)(6)(C) of the PHS Act, and does not
perform a substantive review of the complaint.

    Dated: November 14, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-25070 Filed 11-17-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Proposed Rules]
[Pages 73272-73273]
[FR Doc No: 2014-28801]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0480; FRL-9919-75-Region 9]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District and South Coast Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Antelope Valley Air Quality Management
District (AVAQMD) and South Coast Air Quality Management District
(SCAQMD) portions of the California State Implementation Plan (SIP).
These revisions concern particulate matter (PM) emissions from fugitive
dust and abrasive blasting. We are proposing to approve local rules to
regulate these emission sources under the Clean Air Act (CAA or the
Act).

DATES: Any comments on this proposal must arrive by January 9, 2015.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0480, 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 94105-3901.
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: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: AVAQMD Rule 403, Fugitive Dust, and SCAQMD Rule 1140, Abrasive
Blasting. In the Rules and Regulations section of this Federal
Register, we are approving these local rules in a direct final action
without prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: November 3, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-28801 Filed 12-9-14; 8:45 am]
BILLING CODE 6560-50-P