<EMAIL_ADDRESS>
02/17/2006 10:14 AM

To

James Michael/DC/USEPA/US@EPA

cc

Subject

Comparison of Formaldehyde Methods AOAC 931.08 and SW-846 Method 8315

Jim,

Attached is John Gumpper's (John has a company in Salt Lake City, UT
called ChemVal and he has done our data validation on the most recent 8

delistings) assessment of the two (2) formaldehyde methods. I believe
this supports what we discussed during our call on 1-31-2006 with Todd
Williams (GM Worldwide Facilities Group).

Please let me know if this meets your needs.

Best Regards,

Bill

William R. Miller III, Ph.D.

General Motors Corporation

Worldwide Facilities Group

GM Technical Fellow

100 Saturn Parkway (MC M-20)

Spring Hill, TN 37174

E-Mail<EMAIL_ADDRESS>
Desk:<PHONE_NUMBER>

Mobile:<PHONE_NUMBER>

Fax<PHONE_NUMBER>

(See attached file: Formadehyde Paper from John Gumpper 2-17-20062.doc)

Comparison of AOAC Method 913.08 and EPA Method 8315 for analysis of
Formaldehyde

Introduction

Formaldehyde has been included on the list of required target analytes
for F019 Wastewater Treatment sludge delisting petitions at many of the
automotive assembly plants that have been delisted.  In some of the
earliest delistings, the method used to determine formaldehyde was an
adaptation of the AOAC Method 931.08.  Later delistings relied up on EPA
Method 8315.  Sludge analyzed by the AOAC method yielded results for
formaldehyde that were significantly higher than those obtained by the
EPA method.  This paper describes and contrasts the two methods and
offers the opinion that the AOAC method probably gave much higher
results due to formaldehyde off-gassing and, to a lesser extent, other
interferences that would not be operative in the EPA method.

Description of Methods

The AOAC International includes as part of their mission the development
of “fit for purpose” methods.  Many of these methods have been
developed in support of food and cosmetics analyses for use complying
with regulations of the Food and Drug Administration.  It should be
noted that AOAC does not consider themselves a developer of
environmental chemistry methods.

AOAC Method 931.08 is a colorimetric method developed to analyze for
formaldehyde in food, including milk.  Sample preparation for solids
begins with mixing the sample with water, acidifying with phosphoric
acid and then slowly distilling the sample until 50 mL of distillate
have been collected.  One milliliter of the distillate is mixed with 5
mL of a saturated solution of 1,8-dihydroxynaphtalene-3,6-disulfonic
acid (“chromotropic acid”) in 72% sulfuric acid and heated in a
boiling water batch.  This reagent is also called
4,5-dihydroxy-2,7-naphthalenedisulfonic acid sodium salt.  The presence
of formaldehyde is indicated by the development of a purple color.  The
intensity of the color is proportional to the concentration of
formaldehyde.  The exact nature of the chromaphore is not known.  OSHA
has adapted this method to analyze formaldehyde trapped in sorbent
systems and has postulated a possible reaction mechanism. The method
does not prescribe or even suggest how the color should be measured or
what types of quality control should be included.

The AOAC method was adapted for use with F019 sludge samples by an
analytical laboratory supporting early F019 sludge delisting petitions.
The laboratory prepared the sample using the distillation procedure and
measured the intensity of the purple color with a UV-Vis spectrometer.

EPA Method 8315 uses derivatization followed by HPLC separation to
analyze for formaldehyde (and many other aldehydes).  A solid sample is
first leached in an acetate buffer solution to remove the formaldehyde
from the solid.  The leachate is treated with 2,4-dinitrophenylhydrazine
to derivatize the aldehydes, which are then solvent extracted from the
leachate with methylene chloride, solvent exchanged to acetonitrile and
analyzed by HPLC with UV detection.

Evaluation

There are two distinct differences in the methods that probably account
for the large differences seen in the results.  First, and probably less
important, is that the AOAC method is less selective in both the sample
preparation phase and in the detection phase.  Second, and probably more
important, the AOAC method requires that the sample be heated to
approximately 215 oF in order to distill off formaldehyde and probably
causes off-gassing of formaldehyde.

The use of distillation to prepare samples in the AOAC method allows
many organic compounds, particularly those that are chemically close to
formaldehyde, to become part of the distillate and then to potentially
react with the chromotropic acid to either enhance or mask the color
reaction. If positive interferences distill over with the formaldehyde,
then the general colorimetric technique will not be able to distinguish
between these compounds and formaldehyde.  3M Company has documented
that metatrioxane and paraformaldehyde as well as dimethoxymethane
represent positive interferences.  Additionally, it should be noted that
phenol, alcohols, ethylene, propylene, and some aromatic hydrocarbons
have been documented as negative interferences.  Obviously, the presence
of negative interferences would not account for the differences noted in
the F019 delisting analyses.

With EPA Method 8315, the derivatization procedure followed by analysis
by HPLC is much more selective.  Some interferences will still appear,
but using HPLC to separate compounds prior to detection will greatly
reduce the possible compounds that would be detected in the proper
retention time window and be reported as formaldehyde.

It does seem possible that some interferences would be detected as
formaldehyde when using the AOAC method to analyze F019 sludge as
compared to the EPA method.  However, it is estimated that these
interferences would be small compared to the large difference reported
in actual results.  It is known that F019 waste contains paint resins
that have moved through the wastewater treatment systems from the
painting area.  These resins do contain formaldehyde as part of the
polymer system for delivering pigment.  These resins are known to
release formaldehyde when heated as part of the curing process to the
point that curing areas of the assembly plants have air-handling systems
designed to trap formaldehyde that is off-gassing from the resins.
Curing temperatures routinely used are in the high 200s (oF), but it is
clear that temperatures in the low 200s also cause the resins to release
a significant amount of formaldehyde.  This is probably the most
prominent source of the high formaldehyde results.  When the samples is
distilled, the resins are heated and release significant additional
formaldehyde during the distillation.  This formaldehyde is trapped with
the distillate and is detected.

 Formaldehyde in Workplace Atmospheres, Method ID-205, OSHA Technical
Center, Salt Lake City, UT

 Standard Operating Procedure for Formaldehyde (GC-E-049-REV0), General
Engineering Laboratories, Charleston, SC, November, 1993.

 Determination of Formaldehyde Vapors in Air Using 3M 3721 Formaldehyde
Monitors, 3M Company, Occupational Health and Environmental Safety
Division, May 2002.


(d)(4), (d)(5), and 408 of Regulation S-K (Sec.  229.401, Sec.
229.405, Sec.  229.406, Sec.  229.407(c)(3), (d)(4), (d)(5), and Sec.
229.408 of this chapter).
* * * * *

    By the Commission.

    Dated: January 13, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-01140 Filed 2-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41827-41828]
[FR Doc No: 2011-17803]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Rule 17a-19; SEC File No. 270-148; OMB Control No. 3235-0133.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and
Exchange Commission (``Commission'') is soliciting comments on the
existing collection of information provided for in Rule 17a-19 (17 CFR
240.17a-19) and Form X-17A-19 under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17a-19 requires national securities exchanges and registered
national securities associations to file a Form X-17A-19 with the
Commission within 5 days of the initiation, suspension or termination
of a member in order to notify the Commission that a change in
designated examining authority may be necessary.
    It is anticipated that ten national securities exchanges and
registered national securities associations collectively will make
1,200 total filings annually pursuant to Rule 17a-19 and that each
filing will take approximately 15 minutes. The total burden is
estimated to be approximately 300 total annual hours.

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an e-mail to<EMAIL_ADDRESS>
    Dated: July 8, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17803 Filed 7-14-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 6, 2008 (Volume 73, Number 216)]
[Notices]
[Page 66033]
[DOCID:fr06no08-29]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3041-004]

Mackay Bar Corporation; Notice of Conduit Exemption Application
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

October 30, 2008.
    On April 28, 2008, Mackay Bar Corporation filed an application,
pursuant to section 16U.S.C. 791a--825r of the Federal Power Act, for
conduit exemption of the Hettinger Project, to be located on an
irrigation system in Idaho County, Idaho.
    The proposed Hettinger Project consists of: (1) A proposed
powerhouse containing one generating unit having an installed capacity
of 17.9 kilowatts, and (2) appurtenant facilities. Mackay Bar
Corporation, estimates the project would have an average annual
generation of 140 megawatt-hours and be sold to a local utility.
    Applicant Contact: Mrs. Yvonne Goundry, General Manager, Mackay Bar
Corporation, P.O. Box 7968, Boise, ID 83707, phone<PHONE_NUMBER>.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13203) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

 Kimberly D. Bose,
Secretary.

 [FR Doc. E8-26456 Filed 11-5-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20168-20169]
[FR Doc No: 2013-07663]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Boulder Municipal Airport, Boulder, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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

SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at Boulder Municipal Airport under the provisions of
Section 125 of the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2).

DATES: Comments must be received on or before May 3, 2013.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. John P. Bauer, Manager, Federal
Aviation Administration, Northwest Mountain Region, Airports Division,
Denver Airports District Office, 26805 E. 68th Avenue, Suite 224,
Denver, Colorado 80249-6361.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Tim Head, Manager, Boulder Municipal
Airport, Boulder, Colorado, at the following address: Mr. Tim Head,
Manager, Boulder Municipal Airport, 3300 Airport Road, Box K, Boulder,
Colorado 80301.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Miller, Colorado Engineer/
Compliance Specialist, Federal Aviation Administration, Northwest
Mountain Region, Denver Airports District Office, 26805 E. 68th Avenue,
Suite 224, Denver, Colorado 80249-6361.
    The request to release property may be reviewed, by appointment, in
person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Boulder Municipal Airport under the
provisions of the AIR 21 (49 U.S.C. 47107(h)(2)).
    The FAA Modernization and Reform Act of 2012, HR 658, Section 817,
gave the Secretary of Transportation the authorization to grant an
airport, city, or county release from any of the terms, conditions,
reservations, or restrictions contained in a deed under which the
United States conveyed to the airport, city, or county an interest in
real property for airport purposes pursuant to Section 16 of the
Federal Airport Act (60 Stat. 179) or Section 23 of the Airport and
Airway Development Act of 1970 (84 Stat. 232).
    On March 18, 2013, the FAA determined that the request to release
property at the Boulder Municipal Airport submitted by the City of
Boulder meets the procedural requirements of the Federal Aviation
Administration. The FAA may approve the request, in whole or in part,
no later than May 3, 2013.
    The following is a brief overview of the request:
    The City of Boulder is proposing the release from the terms,
conditions, reservations, and restrictions on a 2.6 acre parcel of
property acquired by the City of Boulder on August 8, 1958. No FAA
funds were used in its purchase and no improvements have been conducted
on the parcel using FAA funds. This parcel has since been identified on
the Airport Layout Plan for future release as it is not conducive to
construction of improvements related to the airport due to its sloping
terrain and small, narrow configuration. All proceeds from the sale of
this parcel will be at fair market value, and will remain in the
airport fund and will provide the airport with matching funds for FAA
and state grants, in addition to improving airside infrastructure. The
City will ensure that the property carries an avigation easement if
sold and that no hazard will be created. As airport land, this parcel
was originally zoned as ``Public''. In preparation for release, this
parcel was given a new zoning of ``Light

Industrial'', which is the closest equivalent to its ``Public''
previous zoned designation; thus, its potential use remains generally
unchanged.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon appointment and request, inspect
the application, notice and other documents germane to the application
in person at the Boulder Municipal Airport.

    Issued in Denver, Colorado, on March 19, 2013.
John P. Bauer,
Manager, Denver Airports District Office.
[FR Doc. 2013-07663 Filed 4-2-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14370-14371]
[FR Doc No: 2015-06365]

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

[FRL-9923-75-Region 5]

Sole Source Aquifer Designation of the Mahomet Aquifer System in
East-Central Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination.

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

SUMMARY: Notice is hereby given that pursuant to the Safe Drinking
Water Act (SDWA) Section 1424(e) and in response to a petition by a
coalition of cities, a town, villages, and a public university in east-
central Illinois, the Regional Administrator for Region 5 of the
Environmental Protection Agency (EPA) has determined that a portion of
the Mahomet Aquifer System in east-central Illinois is a sole or
principal source of drinking water and if contaminated, would create a
significant hazard to public health. As a result of this action, all
projects receiving Federal financial assistance are subject to review
by EPA regarding whether such projects may contaminate the designated
aquifer system through a recharge zone so as to create a significant
hazard to public health.

DATES: This determination is effective immediately.

FOR FURTHER INFORMATION CONTACT: William Spaulding, EPA Region 5, Water
Division, Ground Water and Drinking Water Branch, by mail at 77 W.
Jackson Boulevard, Chicago, IL 60604; by telephone at<PHONE_NUMBER>;
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 1424(e) of the SDWA provides as follows:

    If the Administrator determines, on his own initiative or upon
petition, that an area has an aquifer which is the sole or principal
drinking water source for the area and which, if contaminated, would
create a significant hazard to public health, he shall publish
notice of that determination in the Federal Register. After the
publication of any such notice, no commitment for Federal financial
assistance (through a grant, contract, loan guarantee, or otherwise)
may be entered into for any project which the Administrator
determines may contaminate such aquifer through a recharge zone so
as to create a significant hazard to public health, but a commitment
for Federal financial assistance may, if authorized under another
provision of law, be entered into to plan or design the project to
assure that it will not so contaminate the aquifer.

42 U.S.C. 300h-3(e). The authority to designate an aquifer under this
section has been delegated to the Regional Administrator.
    EPA in general considers a ``sole or principal source'' or sole
source aquifer (SSA) to be an aquifer or aquifer system that is needed
to supply fifty percent or more of the drinking water ``for the aquifer
service area,'' and for which there is no reasonably available
alternative source or sources that could physically, legally, and
economically supply those dependent upon the aquifer. See U.S. EPA,
1987, Sole Source Aquifer Designation Decision Process, Petition Review
Guidance (``EPA Petition Review Guidance''). A portion of an aquifer
can be designated if it is hydrogeologically separate from the rest of
the aquifer. Id. at 6. Similarly, a system of hydrogeologically
connected aquifers can be designated as an SSA. Id.
    On December 12, 2012, EPA received a petition to designate a
portion of the Mahomet Aquifer System in east-central Illinois as an
SSA from the City of Champaign and several partners, including the
Cities of Urbana, Delavan, and Gilman; the Town of Normal; the Villages
of Savoy, Mansfield, and Mahomet; and the University of Illinois at
Urbana-Champaign. Following receipt of the petition, additional
entities expressed support for the petition, including Champaign and
DeWitt Counties; the Cities of Clinton and Watseka; the Villages of
Armington and Waynesville; and the Illinois-American Water Company.
    In response to the petition, EPA published a notice of its intent
to designate a portion of the Mahomet Aquifer System in east-central
Illinois as an SSA and announced two Public Hearings in Champaign,
Illinois on May 13, 2014, and in Morton, Illinois on May 14, 2014. This
notice was published in two newspapers of general circulation in the
area: The Champaign News Gazette and Peoria Journal Star, on March 12,
2014. This notice also announced the request for written comments
during the public comment period from March 13, 2014 to June 12, 2014.
    The public comments received by EPA generally support designation.
EPA also received significant comments and additional scientific
studies on the geology of the Mahomet Aquifer System during the comment
period. These comments and additional studies required extensive
evaluation and consideration. EPA has responded to the public comments
in a document titled: ``Responsiveness Summary--Sole Source Aquifer
Petition for the Mahomet Aquifer System in East-Central Illinois--March
2015.'' The Responsiveness Summary and other relevant documents are
available for public inspection during normal business hours at the
following locations: Champaign Public Library, 200 W. Green St.,
Champaign, Illinois; Bloomington Public Library, 205 E. Olive St.,
Bloomington, Illinois; Pekin Public Library, 301 S. Fourth St., Pekin,
Illinois; Havana Public Library, 201 W. Adams St., Havana, Illinois;
Watseka Public Library, 201 S. 4th St., Watseka, Illinois; U.S. EPA's
Region 5 Office Library, 77 W. Jackson Blvd., Chicago, Illinois.

II. Description of Mahomet Aquifer System in East-Central Illinois

    The Mahomet Aquifer is located in Illinois, Indiana, Ohio, and
possibly West Virginia. This SSA designation is for a hydraulically and
hydrogeologically distinct portion of the aquifer system in east-
central Illinois bounded in the east by the Iroquois River and the
North Fork of the Vermilion River and in the west by the Illinois
River. Within the SSA area, deposits of saturated sand or sand and
gravel found within the Quaternary

deposits are aquifers that provide most (approximately 94 percent) of
the water used in this region. These Quaternary deposits directly
overlie the bedrock and bury features on the bedrock surface. As a
result of geological processes that have shaped the region, the
hydrogeology is very complex.
    To define the boundary of the designated Mahomet Aquifer System,
EPA verified that the 500-foot contour line and saturated thicknesses
of the Mahomet Aquifer best represent the buried valleys that contain
enough sand and gravel to be significant sources of groundwater. The
Mahomet Aquifer has been mapped by studies that used boreholes to
penetrate into the top surface of the Mahomet sand, providing greater
accuracy on the extent of the aquifer than the bedrock surface alone.
Recharge of the Mahomet Aquifer occurs throughout the designated SSA
area. While much of the eastern portion of the SSA area is confined by
low-permeability glacial till, studies demonstrate that recharge of the
principal aquifer is occurring in this area, even though it may be
occurring at a low rate. Recharge of the Mahomet Aquifer occurs at a
much greater rate in the western portion of the SSA area. In addition,
there are studies documenting connections between the aquifer zones in
the shallower formations, namely the Glasford Formation, and the
Mahomet Aquifer within the SSA area. For these reasons and those
explained in more detail in the Responsiveness Summary, EPA is
designating the entire aquifer system within the SSA area.

III. Basis for Determination

    In accordance with Section 1424(e) of the SDWA, 42 U.S.C. 300h-
3(e), the Regional Administrator considered the following factors to
determine whether the petition should be granted: (1) Whether the
Mahomet Aquifer System in east-central Illinois is the area's sole or
principal source of drinking water; and (2) whether contamination of
the aquifer system would create a significant hazard to public health.
Based on information available to EPA, the Regional Administrator makes
the following findings \1\ in favor of designating the Mahomet Aquifer
System in east-central Illinois as an SSA:
---------------------------------------------------------------------------

    \1\ The findings that support designation are set out more fully
in an EPA publication titled: ``Support Document for Proposed
Designation of the Mahomet Aquifer System as a Sole Source.'' This
document is available to the public at the locations identified
above.
---------------------------------------------------------------------------

    (1) The Mahomet Aquifer System provides approximately 94 percent of
the drinking water to the service area today. This exceeds the 50
percent usage criteria for SSA designation in EPA's guidance. EPA
Petition Review Guidance at 8. Moreover, demand on this aquifer system
is expected to increase in the future. The Mahomet Aquifer System
currently provides an estimated 53 million gallons per day (mgd) of
drinking water to approximately 120 public water supplies and thousands
of rural wells, together serving over 500,000 people. There currently
are no intakes from surface waters for public water supplies within the
aquifer service area.
    (2) Over 50 percent of the population in the Mahomet Aquifer System
service area would be unable to find either a physically available or
economically feasible alternative source of drinking water should the
aquifer system become contaminated. Potential alternative sources of
drinking water near the proposed aquifer service area include: (1) Sand
and gravel aquifers outside the SSA area; (2) bedrock aquifers; (3)
reservoirs; and (4) free-flowing streams and rivers. Due to low
potential yields and poor water quality, bedrock aquifers are not a
viable alternative source of drinking water. Similarly, nearby water
supply reservoirs lack enough additional capacity to serve as viable
alternative drinking water sources. Finally, for over 70 percent of the
communities that are near enough to use sand and gravel aquifers
outside the SSA area or free-flowing streams and rivers to deliver
drinking water of the same or better quality, it would be economically
infeasible to do so.
    (3) Contamination of the Mahomet Aquifer System would create a
significant hazard to public health for east-central Illinois. The
Mahomet Aquifer System is a significant water resource that is
critically important to the safety and economic development of the
area. It is the primary source of drinking water for over 100
communities and tens of thousands of rural homeowners located within 14
Illinois counties. In addition, the Mahomet Aquifer System furnishes
water to many self-supplied agricultural, industrial, institutional,
and commercial users that rely upon it for cooling, process water, and
row-crop irrigation, providing an estimated 170 mgd to these users.

IV. Information Relevant to the Designation

    The information referenced to make this designation is available to
the public and may be inspected during normal business hours at EPA
Region 5 Library, 77 West Jackson Boulevard, Chicago, Illinois 60604.
In addition, documents related to this designation are available at
area public libraries listed above.

V. Project Review

    Following publication of this determination, ``no commitment for
Federal financial assistance (through a grant, contract, loan
guarantee, or otherwise) may be entered into for any project which the
Administrator determines may contaminate such aquifer through a
recharge zone so as to create a significant hazard to public health,
but a commitment for Federal financial assistance may, if authorized
under another provision of law, be entered into to plan or design the
project to assure that it will not so contaminate the aquifer.'' 42
U.S.C. 300h-3(e). EPA may review any such proposed projects and, where
possible, make suggestions or recommendations to plan or design the
project to ensure it will not contaminate the aquifer system so as to
create a significant hazard to public health. Proposed projects that
are funded entirely by state, local, or private concerns are not
subject to SSA review by EPA.
    The project review area for this SSA consists of the designated SSA
area plus three watersheds adjacent to the designated SSA area that
provide recharge to the Mahomet Aquifer System. These watersheds are
the Sugar Creek, the Sangamon River near Fisher, and the Tributary to
the Middle Fork Vermilion River. A map of both the SSA area and the
project review area can be found at the locations listed above.

VI. Conclusion

    Today's action designates the Mahomet Aquifer System in east-
central Illinois as an SSA. The designated SSA area and project review
area are located in the following counties in Illinois: Cass,
Champaign, DeWitt, Ford, Iroquois, Livingston, Logan, Macon, Mason,
McLean, Menard, Piatt, Tazewell, Vermilion, and Woodford. Maps
depicting the designated SSA and project review areas are available to
the public at the locations listed above.

    Dated: March 11, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-06365 Filed 3-18-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Rules and Regulations]
[Pages 37019-37022]
[FR Doc No: 2020-12661]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8633]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

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

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

Sec.  64.6   [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain federal
      State and location             no.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region IV
North Carolina:
    Alliance, Town of, Pamlico        370404  November 9, 1977,   June 19, 2020.........  June 19, 2020.
     County.                                   Emerg; August 5,
                                               1985, Reg; June
                                               19, 2020, Susp
    Bath, Town of, Beaufort           370288  N/A, Emerg; April   ......do *............   Do.
     County.                                   8, 1987, Reg;
                                               June 19, 2020,
                                               Susp
    Bayboro, Town of, Pamlico         370183  May 17, 1973,       ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg;
                                               June 19, 2020,
                                               Susp
    Bridgeton, Town of, Craven        370436  October 19, 1973,   ......do..............   Do.
     County.                                   Emerg; May 4,
                                               1987, Reg; June
                                               19, 2020, Susp
    Carteret County,                  370043  November 19, 1971,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 15,
                                               1980, Reg; June
                                               19, 2020, Susp
    Chocowinity, Town of,             370289  N/A, Emerg; June    ......do..............   Do.
     Beaufort County.                          30, 1997, Reg;
                                               June 19, 2020,
                                               Susp
    Craven County,                    370072  October 19, 1973,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 4,
                                               1987, Reg; June
                                               19, 2020, Susp
    Currituck County,                 370078  March 4, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               1, 1984, Reg;
                                               June 19, 2020,
                                               Susp
    Emerald Isle, Town of,            370047  June 29, 1973,      ......do..............   Do.
     Carteret County.                          Emerg; April 1,
                                               1977, Reg; June
                                               19, 2020, Susp
    Greenville, City of, Pitt         370191  January 15, 1974,   ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1978, Reg; June
                                               19, 2020, Susp
    Grimesland, Town of, Pitt         370535  November 14, 2000,  ......do..............   Do.
     County.                                   Emerg; January 2,
                                               2004, Reg; June
                                               19, 2020, Susp
    Havelock, City of, Craven         370265  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; May 4,
                                               1987, Reg; June
                                               19, 2020, Susp
    Hyde County,                      370133  February 8, 1974,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               4, 1987, Reg;
                                               June 19, 2020,
                                               Susp
    Kill Devil Hills, Town of,        375353  February 4, 1972,   ......do..............   Do.
     Dare County.                              Emerg; May 4,
                                               1973, Reg; June
                                               19, 2020, Susp
    Mesic, Town of, Pamlico           370426  N/A, Emerg;         ......do..............   Do.
     County.                                   September 4,
                                               1985, Reg; June
                                               19, 2020, Susp
    Minnesott Beach, Town of,         370418  N/A, Emerg;         ......do..............   Do.
     Pamlico County.                           September 23,
                                               1985, Reg; June
                                               19, 2020, Susp
    Nags Head, Town of, Dare          375356  December 17, 1971,  ......do..............   Do.
     County.                                   Emerg; November
                                               10, 1972, Reg;
                                               June 19, 2020,
                                               Susp
    New Bern, City of, Craven         370074  December 11, 1973,  ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1978, Reg; June
                                               19, 2020, Susp
    North Topsail Beach, Town         370466  N/A, Emerg; June    ......do..............   Do.
     of, Onslow County.                        15, 1990, Reg;
                                               June 19, 2020,
                                               Susp
    Oriental, Town of, Pamlico        370279  May 17, 1973,       ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg;
                                               June 19, 2020,
                                               Susp
    Pamlico County,                   370181  May 17, 1973,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               4, 1985, Reg;
                                               June 19, 2020,
                                               Susp
    River Bend, Town of,              370432  August 5, 1981,     ......do..............   Do.
     Craven County.                            Emerg; August 19,
                                               1986, Reg; June
                                               19, 2020, Susp
    Southern Shores, Town of,         370430  April 8, 1971,      ......do..............   Do.
     Dare County.                              Emerg; May 13,
                                               1972, Reg; June
                                               19, 2020, Susp
    Stonewall, Town of,               370437  May 17, 1973,       ......do..............   Do.
     Pamlico County.                           Emerg; December
                                               4, 1985, Reg;
                                               June 19, 2020,
                                               Susp
    Swansboro, Town of, Onslow        370179  April 11, 1975,     ......do..............   Do.
     County.                                   Emerg; October
                                               18, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Washington, City of,              370017  October 6, 1972,    ......do..............   Do.
     Beaufort County.                          Emerg; February
                                               2, 1977, Reg;
                                               June 19, 2020,
                                               Susp
    Washington County,                370247  January 24, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 19,
                                               1985, Reg; June
                                               19, 2020, Susp

           Region V
Michigan:
    Bedford, Township of,             260142  October 8, 1975,    ......do..............   Do.
     Monroe County.                            Emerg; November
                                               4, 1981, Reg;
                                               June 19, 2020,
                                               Susp

    Berlin, Charter Township          260143  March 9, 1973,      ......do..............   Do.
     of, Monroe County.                        Emerg; November
                                               3, 1982, Reg;
                                               June 19, 2020,
                                               Susp
    Erie, Township of, Monroe         260145  January 26, 1973,   ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1978, Reg;
                                               June 19, 2020,
                                               Susp
    Estral Beach, Village of,         260261  March 30, 1973,     ......do..............   Do.
     Monroe County.                            Emerg; November
                                               2, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Frenchtown, Charter               260146  January 19, 1973,   ......do..............   Do.
     Township of, Monroe                       Emerg; January
     County.                                   19, 1978, Reg;
                                               June 19, 2020,
                                               Susp
    LaSalle, Township of,             260148  February 9, 1973,   ......do..............   Do.
     Monroe County.                            Emerg; August 15,
                                               1977, Reg; June
                                               19, 2020, Susp
    Luna Pier, City of, Monroe        260150  January 26, 1973,   ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1982, Reg; June
                                               19, 2020, Susp
    Monroe, Charter Township          260154  February 2, 1973,   ......do..............   Do.
     of, Monroe County.                        Emerg; April 3,
                                               1978, Reg; June
                                               19, 2020, Susp

           Region VI
Texas: Denton County,                 480774  July 22, 1975,      ......do..............   Do.
 Unincorporated Areas                          Emerg; May 4,
                                               1987, Reg; June
                                               19, 2020, Susp

          Region VII
Iowa:
    Charles City, City of,            190128  March 3, 1972,      ......do..............   Do.
     Floyd County.                             Emerg; February
                                               2, 1977, Reg;
                                               June 19, 2020,
                                               Susp
    Floyd, City of, Floyd             190382  November 10, 1999,  ......do..............   Do.
     County.                                   Emerg; February
                                               20, 2008, Reg;
                                               June 19, 2020,
                                               Susp
    Floyd County,                     190127  September 18,       ......do..............   Do.
     Unincorporated Areas.                     1996, Emerg;
                                               December 1, 1997,
                                               Reg; June 19,
                                               2020, Susp
    Leland, City of, Winnebago        190529  October 2, 1975,    ......do..............   Do.
     County.                                   Emerg; January 2,
                                               1981, Reg; June
                                               19, 2020, Susp
    Nora Springs, City of,            190384  April 25, 1980,     ......do..............   Do.
     Floyd County.                             Emerg; September
                                               1, 1987, Reg;
                                               June 19, 2020,
                                               Susp
    Rockford, City of, Floyd          190129  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1987, Reg;
                                               June 19, 2020,
                                               Susp
    Rudd, City of, Floyd              190385  February 29, 2000,  ......do..............   Do.
     County.                                   Emerg; February
                                               20, 2008, Reg;
                                               June 19, 2020,
                                               Susp
    Scarville, City of,               190531  April 14, 2010,     ......do..............   Do.
     Winnebago County.                         Emerg; May 1,
                                               2011, Reg; June
                                               19, 2020, Susp
    Thompson, City of,                190666  July 8, 2010,       ......do..............   Do.
     Winnebago County.                         Emerg; May 1,
                                               2011, Reg; June
                                               19, 2020, Susp
    Winnebago County,                 190915  October 15, 2010,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               June 19, 2020,
                                               Susp

          Region VIII
Utah:
    Alpine, City of, Utah             490228  May 27, 1975,       ......do..............   Do.
     County.                                   Emerg; February
                                               11, 1976, Reg;
                                               June 19, 2020,
                                               Susp
    American Fork, City of,           490152  April 23, 1974,     ......do..............   Do.
     Utah County.                              Emerg; November
                                               25, 1980, Reg;
                                               June 19, 2020,
                                               Susp
    Bluffdale, City of, Salt          490247  April 7, 1986,      ......do..............   Do.
     Lake and Utah Counties.                   Emerg; September
                                               30, 1987, Reg;
                                               June 19, 2020,
                                               Susp
    Genola, Town of, Utah             490154  June 6, 1983,       ......do..............   Do.
     County.                                   Emerg; January
                                               30, 1984, Reg;
                                               June 19, 2020,
                                               Susp
    Lehi, City of, Utah County        490209  October 18, 1974,   ......do..............   Do.
                                               Emerg; September
                                               14, 1979, Reg;
                                               June 19, 2020,
                                               Susp
    Orem, City of, Utah County        490216  March 10, 1975,     ......do..............   Do.
                                               Emerg; September
                                               24, 1984, Reg;
                                               June 19, 2020,
                                               Susp
    Payson, City of, Utah             490157  December 26, 1974,  ......do..............   Do.
     County.                                   Emerg; November
                                               15, 1978, Reg;
                                               June 19, 2020,
                                               Susp
    Salem, City of, Utah              490160  January 20, 1975,   ......do..............   Do.
     County.                                   Emerg; July 16,
                                               1979, Reg; June
                                               19, 2020, Susp
    Saratoga Springs, City of,        490250  N/A, Emerg; May     ......do..............   Do.
     Utah County.                              10, 1999, Reg;
                                               June 19, 2020,
                                               Susp
    Spanish Fork, City of,            490241  May 4, 1983,        ......do..............   Do.
     Utah County.                              Emerg; February
                                               19, 1986, Reg;
                                               June 19, 2020,
                                               Susp
    Springville, City of, Utah        490163  July 25, 1974,      ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               June 19, 2020,
                                               Susp
    Utah County,                      495517  November 12, 1971,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               15, 1982, Reg;
                                               June 19, 2020,
                                               Susp

           Region X
Idaho:

    Ada County, Unincorporated        160001  May 8, 1975,        ......do..............   Do.
     Areas.                                    Emerg; December
                                               18, 1984, Reg;
                                               June 19, 2020,
                                               Susp
    Garden City, City of, Ada         160004  January 12, 1979,   ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1980, Reg; June
                                               19, 2020, Susp
    Meridian, City of, Ada            160180  N/A, Emerg; March   ......do..............   Do.
     County.                                   20, 1992, Reg;
                                               June 19, 2020,
                                               Susp
    Washington: Bothell, City         530075  June 20, 1975,      ......do..............   Do.
     of, Snohomish County.                     Emerg; June 1,
                                               1982, Reg; June
                                               19, 2020, Susp
    Brier, City of, Snohomish         530276  February 23, 1976,  ......do..............   Do.
     County.                                   Emerg; September
                                               24, 1984, Reg;
                                               June 19, 2020,
                                               Susp
    Bucoda, Town of, Thurston         530189  February 10, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               2, 1981, Reg;
                                               June 19, 2020,
                                               Susp
    Darrington, Town of,              530233  September 1, 1976,  ......do..............   Do.
     Snohomish County.                         Emerg; August 19,
                                               1985, Reg; June
                                               19, 2020, Susp
    Edmonds, City of,                 530163  April 30, 1974,     ......do..............   Do.
     Snohomish County.                         Emerg; August 8,
                                               1978, Reg; June
                                               19, 2020, Susp
    Everett, City of,                 530164  December 17, 1973,  ......do..............   Do.
     Snohomish County.                         Emerg; April 3,
                                               1978, Reg; June
                                               19, 2020, Susp
    Gold Bar, City of,                530285  December 17, 1976,  ......do..............   Do.
     Snohomish County.                         Emerg; December
                                               1, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Index, Town of, Snohomish         530166  August 27, 1975,    ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Lake Stevens, City of,            530291  December 29, 1976,  ......do..............   Do.
     Snohomish County.                         Emerg; April 17,
                                               1989, Reg; June
                                               19, 2020, Susp
    Lynnwood, City of,                530167  May 9, 1975,        ......do..............   Do.
     Snohomish County.                         Emerg; June 5,
                                               1985, Reg; June
                                               19, 2020, Susp
    Marysville, City of,              530168  October 16, 1974,   ......do..............   Do.
     Snohomish County.                         Emerg; February
                                               15, 1984, Reg;
                                               June 19, 2020,
                                               Susp
    Mill Creek, City of,              530330  N/A, Emerg; July    ......do..............   Do.
     Snohomish County.                         9, 1997, Reg;
                                               June 19, 2020,
                                               Susp
    Monroe, City of, Snohomish        530169  August 14, 1974,    ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Mountlake Terrace, City           530170  March 18, 1975,     ......do..............   Do.
     of, Snohomish County.                     Emerg; August 19,
                                               1985, Reg; June
                                               19, 2020, Susp
    Mukilteo, City of,                530235  February 3, 1977,   ......do..............   Do.
     Snohomish County.                         Emerg; February
                                               19, 1986, Reg;
                                               June 19, 2020,
                                               Susp
    Snohomish County,                 535534  November 27, 1970,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; March 15,
                                               1984, Reg; June
                                               19, 2020, Susp
    Stanwood, City of,                530172  March 6, 1975,      ......do..............   Do.
     Snohomish County.                         Emerg; November
                                               16, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Sultan, City of, Snohomish        530173  May 16, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1983, Reg;
                                               June 19, 2020,
                                               Susp
    Tenino, City of, Thurston         530302  February 18, 1975,  ......do..............   Do.
     County.                                   Emerg; June 4,
                                               1980, Reg; June
                                               19, 2020, Susp
    Thurston County,                  530188  September 13,       ......do..............   Do.
     Unincorporated Areas.                     1974, Emerg;
                                               December 1, 1982,
                                               Reg; June 19,
                                               2020, Susp
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.

Katherine B. Fox,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2020-12661 Filed 6-18-20; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8751-8753]
[FR Doc No: 2015-03241]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-
2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-
2012-0339]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
17 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 1, 2015. Comments must be
received on or before March 20, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-2010-0327; FMCSA-2010-
0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0339], using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE.,

Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 17 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 17 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Kreis C. Baldridge (TN)
Steven J. Clark (GA)
Thomas A. Crowell (NC)
Michael A. Fouch (NJ)
Wilfred J. Gagnon (VT)
Ricky G. Jacks (AL)
Scott A. Lambertson (MN)
Carl A. Lohrbach (OH)
Jay C. Naccarato (WA)
Jeffrey L. Olson (MN)
Gary J. Peterson (IL)
Donnie R. Riggs (AL)
James E. Savage (NV)
Randall S. Surber (WV)
Ernest W. Waff (VA)
Curtis E. Way (TX)
John E. Westbrook (LA)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) the person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (71 FR 63379; 71 FR 63380; 72 FR 180; 72 FR 1050; 72 FR
9397; 73 FR 75803; 73 FR 78422; 74 FR 980; 74 FR 6209; 74 FR 6211; 75
FR 65057; 75 FR 77492; 75 FR 79081; 75 FR 79083; 76 FR 4413; 76 FR
4414; 76 FR 5425; 76 FR 8809; 76 FR 9865; 77 FR 64839; 77 FR 70534; 77
FR 75494; 78 FR 800; 78 FR 1919; 78 FR 9772; 78 FR 11731; 78 FR 12813;
78 FR 12817). Each of these 17 applicants has requested renewal of the
exemption and has submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-
2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-
2012-0339), indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-
2008-0340; FMCSA-2010-0327; FMCSA-2010-0385; FMCSA-2012-

0280; FMCSA-2012-0337; FMCSA-2012-0339'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may change this notice based on your
comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-2010-0327;
FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0339'' in
the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket
Folder'' button choose the document listed to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except
Federal holidays.

    Issued On: February 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03241 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Page 41194]
[FR Doc No: 2012-16973]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4066-DR; Docket ID FEMA-2012-0002]

Vermont; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Vermont (FEMA-4066-DR), dated June 22, 2012,
and related determinations.

DATES: Effective Date: June 22, 2012.

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 June 22, 2012, 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 Vermont resulting from a severe storm, tornado, and flooding on
May 29, 2012, 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 Vermont.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. Direct
Federal assistance is authorized. Consistent with the requirement
that Federal assistance is supplemental, any Federal funds provided
under the Stafford Act for Public Assistance and Hazard Mitigation
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Addison, Lamoille, and Orleans Counties for Public Assistance.
Direct federal assistance is authorized.
    All counties within the State of Vermont are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-16973 Filed 7-11-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Notices]
[Page 41949]
[DOCID:fr19au09-97]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension: Rule 17a-11, OMB Control No. 3235-0085, SEC File No. 270-
94.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for approval of extension of the existing collection of
information provided for in the following rule: Rule 17a-11 (17 CFR
240.17a-11) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (``Exchange Act'').
    In response to an operational crisis in the securities industry
between 1967 and 1970, the Commission adopted Rule 17a-11 under the
Exchange Act on July 11, 1971. Rule 17a-11 requires broker-dealers that
are experiencing financial or operational difficulties to provide
notice to the Commission, the broker-dealer's designated examining
authority (``DEA''), and the Commodity Futures Trading Commission
(``CFTC'') if the broker-dealer is registered with the CFTC as a
futures commission merchant. Rule 17a-11 is an integral part of the
Commission's financial responsibility program which enables the
Commission, a broker-dealer's DEA, and the CFTC to increase
surveillance of a broker-dealer experiencing difficulties and to obtain
any additional information necessary to gauge the broker-dealer's
financial or operational condition.
    Rule 17a-11 also requires over-the-counter (``OTC'') derivatives
dealers and broker-dealers that are permitted to compute net capital
pursuant to Appendix E to Exchange Act Rule 15c3-1 to notify the
Commission when their tentative net capital drops below certain levels.
OTC derivatives dealers must also provide notice to the Commission of
backtesting exceptions identified pursuant to Appendix F of Rule 15c3-1
(17 CFR 240.15c3-1f).
    Compliance with the Rule is mandatory. The Commission will
generally not publish or make available to any person notice or reports
received pursuant to Rule 17a-11. The Commission believes that
information obtained under Rule 17a-11 relates to a condition report
prepared for the use of the Commission, other federal governmental
authorities, and securities industry self-regulatory organizations
responsible for the regulation or supervision of financial
institutions.
    Only broker-dealers whose capital declines below certain specified
levels or who are otherwise experiencing financial or operational
problems have a reporting burden under Rule 17a-11. In 2008, the
Commission received 400 notices under this Rule. The Commission did not
receive any Rule 17a-11 notices from OTC derivatives dealers or broker-
dealers that are permitted to compute net capital pursuant to Appendix
E to Exchange Act Rule 15c3-1.
    Each broker-dealer reporting pursuant to Rule 17a-11 will spend
approximately one hour preparing and transmitting the notice required
by the Rule. Accordingly, the total estimated annualized burden under
Rule 17a-11 is 400 hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312 or send an e-mail to PRA_
<EMAIL_ADDRESS>Comments must be submitted within 30 days of this
notice.

     Dated: August 10, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19896 Filed 8-18-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: December 19, 2006 (Volume 71, Number 243)]
[Notices]
[Page 75958]
[DOCID:fr19de06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-23-001]

East Tennessee Natural Gas, LLC; Notice of Compliance Filing

December 12, 2006.
    Take notice that, on December 7, 2006, East Tennessee Natural Gas,
LLC (East Tennessee) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the following tariff sheets, with
an effective date November 18, 2006:

Substitute Fifth Revised Sheet No. 300
Substitute First Revised Sheet No. 323
Substitute First Revised Sheet No. 324

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21555 Filed 12-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27689-27691]
[FR Doc No: 2011-11673]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64425; File No. SR-NSX-2011-06]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change To Amend Its Rules To Extend a
Pilot Program Regarding Trading Pauses in Individual Securities Due to
Extraordinary Market Volatility to All NMS Stocks and To Make
Conforming Changes to Market Maker Quoting Obligations

May 6, 2011.
    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 May 4, 2011, the National Stock Exchange, Inc. (``Exchange'' or
``NSX'') filed with the Securities and Exchange Commission (``SEC'' or
``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.
---------------------------------------------------------------------------

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

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

    National Stock Exchange, Inc. (``NSX[supreg]'' or ``Exchange'') is
proposing to amend Rule 11.20B to include additional securities in the
pilot by which such rule operates and amend Rule 11.8 to simplify
certain aspects of the text while also conforming certain of the
percentages thereunder to the proposed changes to Rule 11.20B.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.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 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 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
    With this rule change, the Exchange is proposing to amend Rule
11.20B to include additional securities in the pilot by which such rule
operates and amend Rule 11.8 to simplify certain aspects of the text
while also conforming certain of the percentages thereunder to the
proposed changes to Rule 11.20B.
    NSX Rule 11.20B (Trading Pauses in Individual Securities Due to
Extraordinary Market Volatility) was approved by the Securities and
Exchange Commission (the ``Commission'') on June 10, 2010 on a pilot
basis (``Pilot'') to end on December 10, 2010.\3\ The Pilot end date
was subsequently extended until August 11, 2011 or to coincide, if
applicable, with the earlier implementation date of the limit up/limit
down mechanism.\4\ Similar rule changes were adopted by other markets
in the national market system in a coordinated manner.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (SR-NSX-2010-05).
    \4\ See Securities Exchange Act Release No. 63512 (December 9,
2010), 75 FR 78786 (December 16, 2010) (SR-NSX-2010-17); and
Securities Exchange Act Release No. 64213 (April 6, 2011), 76 FR
20409 (April 12, 2011) (SR-NSX-2011-04).
---------------------------------------------------------------------------

    As the Exchange noted in its filing to adopt NSX Rule 11.20B,
during the Pilot period, the Exchange, in conjunction with other
markets in the national market system, would continue to assess whether
additional securities need to be added and whether the parameters of
the rule would need to be modified to accommodate trading
characteristics of different securities. When initially adopted on June
10, 2010, the pilot included all securities included within the S&P
500[supreg] Index. On September 10, 2010 NSX Rule 11.20B was expanded
to securities included in the Russell 1000[supreg] Index (``Russell
1000'') and specified Exchange Traded Products (``ETPs''). \5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-NSX-2010-08).
---------------------------------------------------------------------------

    The Exchange has continued to assess whether additional securities
need to be added to the Pilot and whether the parameters of Rule 11.20B
need to be modified to accommodate trading characteristics of different
securities. In consultation with other markets and the staff of the
Commission, the Exchange proposes to include all NMS stocks within the
Pilot that are not already included therein. In addition, a wider
Threshold Move percentage would apply to the newly added securities.
Because the proposed additional stocks are those not currently included
in the S&P 500 Index, Russell 1000 Index, or specified ETPs, and
therefore are more likely to be less liquid securities or securities
with lower trading volume, the Exchange believes that broader Threshold
Move percentages would be appropriate. Similarly, because leveraged
ETPs trade at a ratio against the associated index, a broader Threshold
Move percentage would also be appropriate for leveraged ETPs.
Securities priced below $1 are proposed to have a higher Threshold Move
than higher priced securities because lower-priced securities may tend
to be more volatile, and price movements of lower-priced securities
equate to a higher percentage move than a similar price change for a
higher-priced security.
    Accordingly, the Exchange proposes to expand the definition of the
term ``Circuit Breaker Securities'' set forth in Commentary .05 to Rule
11.20 to include all NMS stocks. The Exchange

proposes that the Threshold Move required to trigger a Trading Pause
for the proposed new securities be 30% or more for such securities
priced at $1 or higher and 50% or more for such securities priced less
than $1.\6\ The Exchange believes that these percentages are
commensurate with the characteristics shared by the proposed new
securities within these price ranges and would promote the objectives
of the Pilot to reduce the negative impacts of unanticipated price
movements in a security. The Exchange proposes to include new
subsections 11.20B(a)(1), (2) and (3) to reflect the distinction
between the applicable Threshold Move percentages for current Pilot
securities and the proposed new securities to be included within the
Pilot.\7\ The Exchange is not proposing any other changes to the text
of Rule 11.20B or the operation of the Pilot, and will continue to
assess whether the parameters for invoking a Trading Pause continue to
be appropriate and whether the parameters should be modified.
---------------------------------------------------------------------------

    \6\ Under the proposed rule change, the price of a security
would be based on the closing price on the previous trading day, or,
if no closing price exists, the last sale reported to the
Consolidated Tape on the previous trading day.
    \7\ The Exchange is not proposing a change to the Threshold Move
percentage applicable to securities currently included within the
current Pilot. However, the changes proposed herein requires that
certain rule text pertaining to the Threshold Move for the existing
Pilot securities be reorganized within Rule 11.20B(a).
---------------------------------------------------------------------------

    The proposed changes to the Pilot, if approved, would require that
the text of Rule 11.8(a)(1)(B)(iv) and (v), which pertains to the
pricing obligations that Market Makers are required to adhere to, be
amended to correct the cross-references therein to Rule 11.20B and the
Threshold Move thereunder. Specifically, the Exchange proposes to
remove any text from Rule 11.8(a)(1)(B)(iv) and (v) addressing NMS
stocks that are not subject to the Pilot because no such securities
would exist and such text would therefore be unnecessary. The Exchange
also proposes to simplify Rule 11.8(a)(1)(B)(iv) and (v) by explicitly
stating the percentages that are applicable thereunder and the times
during the trading day when Rule 11.20B is not in effect. The Exchange
notes that part of this proposed change would be substantive, in that
the percentages under Rule 11.8(a)(1)(B)(iv) and (v) would decrease
slightly for the proposed new securities priced at $1 or greater. The
Exchange believes that this proposed substantive change would not have
a significant impact on Market Maker pricing obligations and is
reasonable because it would ensure that the designated quoting
percentages in Rule 11.8(a)(1)(B) are within a narrower range than the
percentages necessary to trigger a Trading Pause.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\8\ in general, and
Section 6(b)(5) of the Act,\9\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. The proposed rule
change also is designed to support the principles of Section 11A(a)(1)
\10\ of the Act in that it seeks to ensure fair competition among
brokers and dealers and among exchange markets. The Exchange believes
that the proposed rule meets these requirements because it expands the
scope of the Pilot to cover all NMS stocks while adjusting the
parameters of the rule for different securities in a manner that will
promote uniformity across markets concerning decisions to pause trading
in a security when there are significant price movements. Additionally,
the proposed changes would ensure that the designated quoting
percentages in Rule 11.8(a)(1)(B) are within a narrower range than the
percentages necessary to trigger a Trading Pause.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 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 or disapprove 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 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-NSX-2011-06 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-NSX-2011-06. 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 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NSX. 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 publicly available. All submissions should refer to
File Number SR-NSX-2011-06 and should be submitted on or before June 2,
2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11673 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P