[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75610-75611]
[FR Doc No: 2014-29613]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-139 ]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before January 7, 2015.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0134 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://

www.regulations.gov, including any personal information you provide.
Using the search function of our docket Web site, anyone can find and
read the comments received into any of our dockets, including the name
of the individual sending the comment (or signing the comment for an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Everette Rochon, Acting Manager, AFS-
820, Commercial Operations Branch, General Aviation and Commercial
Division, 55 M Street SE., Washington, DC 20003; or Sandra K. Long,
ARM-200 Office of Rulemaking, Federal Aviation Administration, 800
Independence Ave, Washington, DC 20591, email<EMAIL_ADDRESS>
phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 12, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-0134
    Petitioner: Al's Aerial Spraying, LLC

Section of 14 CFR Affected

    14 CFR 137.53; 137.51(b)(4)(i)

Description of Relief Sought

    The petitioner seeks relief from 14 CFR Sec. Sec. 137.53 and
137.51(b)(4)(i) to use a single-engine turbopropeller-powered Air
Tractor aircraft to make turnarounds over congested areas in a loaded
configuration.
[FR Doc. 2014-29613 Filed 12-17-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4188-4191]
[FR Doc No: 2014-01401]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71347; File No. SR-CBOE-2014-002]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Exchange's Quote Risk Monitor
Mechanism

January 17, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 15, 2014, Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Quote Risk Monitor Mechanism.
The text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at
the Exchange's Office of the Secretary, at the Commission's Public
Reference Room, and on the Commission's Web site (http://www.sec.gov).

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 aspects of such
statements.

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

1. Purpose
    The operation of the Exchange's Quote Risk Monitor (``QRM'')
Mechanism is codified in Rule 8.18. The purpose of this proposed rule
change is to add three new functions to QRM Mechanism to help Hybrid
Market-Makers (as defined in Rule 8.18) and TPH organizations control
the risk of multiple, nearly-simultaneous executions across related
option series. The use of the new functions is voluntary. The proposed
rule change also makes clear that the TPH organization with which a
Hybrid Market-Maker is associated (as well as the Hybrid Market-Maker
himself) may establish parameters by which the Exchange will activate
the QRM Mechanism for the Hybrid Market-Maker (the current rule text
only explicitly permits Hybrid Market-Makers to establish such
parameters). The Exchange also proposes to make some changes to the
Rule 8.18 text to

make such rule more readable in conjunction with the other changes
proposed herein.\3\
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    \3\ Specifically, the Exchange proposes to amend the beginning
of the second sentence of Rule 8.18, which reads ``Hybrid Market-
Makers that use the QRM Mechanism shall specify, for each such
option class in which the Hybrid Market-Maker is engaged in trading,
a maximum number of contracts for such option class (the ``Contract
Limit'') and a rolling time period in seconds within which such
Contract Limit is to be measured (the ``Measurement Interval'')'' to
read: ``The functionality of the QRM Mechanism that is available to
Hybrid Market-Makers includes, for each such option class in which
the Hybrid Market-Maker is engaged in trading: (i) A maximum number
of contracts for such option class (the ``Contract Limit'') and a
rolling time period in milliseconds within which such Contract Limit
is to be measured (the ``Measurement Interval'');''. The Exchange's
systems will allow Hybrid Market-Makers to set the Measurement
Interval in milliseconds (as opposed to seconds), so the Exchange
proposes to provide this more precise option to Hybrid Market-
Makers.
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    The first new function available to Hybrid Market Makers allows
each Hybrid Market-Maker the ability to specify a maximum cumulative
percentage that the Hybrid Market-Maker is willing to trade (the
``Cumulative Percentage Limit''). Under the proposal, the cumulative
percentage is the sum of the percentages of the original quoted size of
each side of each series within a class that traded, and a rolling time
period in milliseconds within which such Cumulative Percentage Limit is
to be measured (the ``Measurement Interval''). When the QRM Mechanism
determines that the Hybrid Market-Maker has traded at least the
Cumulative Percentage Limit for any option class on a trading platform
during any rolling Measurement Interval, the QRM Mechanism will
automatically cancel all of the electronic quotes being disseminated on
that trading platform with respect to that Hybrid Market-Maker in that
option class and any other classes with the same underlying security
until the Hybrid Market-Maker refreshes those electronic quotes.\4\
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    \4\ The Exchange also proposes to delete the words ``more than''
from the specification that ``When the Exchange determines that the
Hybrid Market-Maker has traded more than the Contract Limit or
Cumulative Percentage Limit for such option class on a trading
platform during any rolling Measurement Interval, or has traded at
least the Number of Series Fully Traded on a trading platform during
any rolling Measurement Interval, the QRM Mechanism shall cancel all
electronic quotes that are being disseminated on the same trading
platform with respect to that Hybrid Market-Maker in that option
class and any other classes with the same underlying security until
the Hybrid Market-Maker refreshes those electronic quotes'' and
replace ``more than'' with the words ``at least''. This is because
the QRM Mechanism is triggered (and quotes are canceled) at the
moment when the Hybrid Market-Maker trades the Contract Limit or
Cumulative Percentage Limit (as opposed to when the Hybrid Market-
Maker has traded more than Contract Limit or Cumulative Percentage
Limit). The Exchange also proposes to delete the words ``that are''
from the above statement for reasons of grammatical simplicity.
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    By way of example, assume a Hybrid Market-Maker is quoting the
following series:

 Series A Quote: 1.00--1.20 50 x 50
 Series B Quote 2.00--2.20 75 x 75
 Series C Quote 3.00--3.20 100 x 100

    If the Cumulative Percentage Limit is set at 150% for the Hybrid
Market-Maker and an order to buy 40 contracts of Series A is received,
the series percentage would be 80% (i.e., 40/50). The cumulative
percentage would also be 80%. If a second order to sell 25 contracts of
Series B is received, the series percentage would be 33% (i.e., 25/75).
The cumulative percentage would now be 113% (i.e., 80 + 33 = 113). If a
third order to buy 70 contracts of Series C is received, the series
percentage would be 70% (i.e., 70/100). The cumulative percentage would
now be 183% (i.e., 113 + 70 = 183). Since 183% exceeds the Cumulative
Percentage Limit of 150%, the Hybrid Market-Maker's quotes in the
class, and any class on the same trading platform with the same
underlying security, would be cancelled. This cancellation, however,
would not occur until after execution of the third order. Due to firm
quote obligations rules, the QRM Mechanism will not cancel quotes (and
in the case of an Exchange-wide QRM Incident, orders) until after the
execution of the order that caused the triggering of the QRM Mechanism.
Note that percentages are added to one another, regardless of the
denominator.
    Percentages are also calculated based on the original quote size,
not the remaining quote size. Using the quotes set forth above as an
example, if an order to buy 40 contracts of Series A is received, the
series percentage would be 80% (i.e., 40/50). The cumulative percentage
would also be 80%. If a second order to sell 25 contracts of Series B
is received, the series percentage would be 33% (i.e., 25/75). The
cumulative percentage would then be 113% (i.e., 80 + 33 = 113). If a
third order to buy 10 contracts of Series A is received, the series
percentage would be 20% (i.e., 10/50). The cumulative percentage would
then be 133% (i.e., 113 + 20 = 133). If a fourth order to buy 70
contracts of Series C is received, the series percentage would be 70%
(i.e., 70/100). The cumulative percentage would then be 203% (i.e., 133
+ 70 = 203).
    The proposed rule change adds a second new function to the QRM
Mechanism that would allow each Hybrid Market-Maker to specify the
maximum number of series for which either side of the quote is fully
traded (the ``Number of Series Fully Traded'') and a Measurement
Interval. When the QRM Mechanism determines that the Hybrid Market-
Maker has traded at least the Number of Series Fully Traded for any
option class on a trading platform during any rolling Measurement
Interval, the QRM mechanism will automatically cancel all of the Hybrid
Market-Maker's electronic quotes being disseminated on the same trading
platform in that option class and any other classes with the same
underlying security until the Hybrid Market-Maker refreshes those
electronic quotes.
    To illustrate this functionality, assume that a Hybrid Market-Maker
is quoting the following series:

 Series A Quote: 1.00--1.20 50 x 50
 Series B Quote 2.00--2.20 75 x 75
 Series C Quote 3.00--3.20 100 x 100

    If the Number of Series Fully Traded is set at two, and an order to
buy 50 contracts of Series A is received, the number of series traded
in full will be one. If a second order to sell 25 contracts of Series B
is received, the number of series traded in full will still be one
because Series B did not trade in full. If a third order to buy 100
contracts of Series C is received, the number of series traded in full
will then be two. Since two meets the parameter set for Number of
Series Fully Traded, the Hybrid Market-Maker's quotes on that trading
platform in that class (and any other classes with the same underlying
security traded on that trading platform) would be cancelled.
    Whenever one of the QRM functions (i.e., Contract Limit, Cumulative
Percentage Limit or Number of Series Fully Traded) has been triggered
and the QRM Mechanism automatically cancels all of the Hybrid Market-
Maker's electronic quotes in all series of that option class traded on
that trading platform (and any other classes with the same underlying
security traded on that trading platform), such action by the Exchange
shall be termed a ``QRM Incident''. Both of the new functionalities
described above (along with the already-existing Contract Limit QRM
functionality) are optional and Hybrid Market-Makers are not required
to set parameters for the aforementioned QRM Mechanism functions.
    The Exchange has above proposed that, when the QRM Mechanism
automatically cancels all of a Hybrid Market-Maker's electronic quotes
in an option class, the Exchange will also cancel all of the Hybrid
Market-Maker's electronic quotes in any other classes with the same
underlying security. The

purpose of this is because the risk involved in trading beyond a
Market-Maker's risk profile extends to classes that have the same
underlying security (since often the only difference between such
classes is the multiplier of number of units of the underlying
security).
    However, the Exchange has also limited cancellation of quotes to
those being disseminated on the same trading platform. When a Hybrid
Market-Maker has traded at least the Contract Limit or Cumulative
Percentage Limit, on an option class on a trading platform during any
rolling Measurement Interval, or has traded the Number of Series Fully
Traded on an option class on a trading platform during any rolling
Measurement Interval, the QRM Mechanism shall cancel all electronic
quotes being disseminated on the same trading platform. This
qualification is proposed because of the Exchange's SPX options class.
SPX options (and QIXs on the S&P 500) are traded on the Exchange's
Hybrid 3.0 platform, while SPX options with End-of-Week expiration
(``SPXW'') trade on the Exchange's Hybrid platform. The Exchange
believes that the differences between trading on the two platforms are
such that a Market-Maker exceeding his risk profile trading on one
platform will not necessarily mean that the Market-Maker will have
exceeded his risk profile on the other platform. This will also allow a
Market-Maker to set different QRM limits on SPX and SPXW.
    Finally, the proposed amendment adds a third function that allows
the Exchange to cancel all quotes and orders of a Hybrid Market-Maker
or TPH Organization once a specified number of QRM Incidents has been
reached. Under this proposed functionality, a Hybrid Market-Maker or a
TPH organization may specify a maximum number of QRM Incidents with
respect to all QRM Functions (i.e., Contract Limit, Cumulative
Percentage Limit and Number of Series Fully Traded) and a Measurement
Interval on an Exchange-wide basis. When the Exchange determines that
such Hybrid Market-Maker or TPH organization has reached its QRM
Incident limit during any rolling Measurement Interval, the QRM
Mechanism shall cancel all of the Hybrid Market-Maker's or TPH
organization's electronic quotes and Market-Maker orders resting in the
Book in all option classes on the Exchange and prevent a Hybrid Market-
Maker or TPH organization from sending additional quotes or orders to
the Exchange until the Hybrid Market-Maker or TPH organization
reactivates its ability to send quotes or orders in a manner prescribed
by the Exchange.\5\
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    \5\ The Exchange will announce such manner to Trading Permit
Holders via Regulatory Circular. The current plan for such
reactivation is for the Hybrid Market-Maker or TPH Organization to
contact the Exchange's Help Desk to request reactivation, though the
Exchange is examining the possibility of creating a systematized
manner for Hybrid Market-Makers or TPH Organizations to reactivate.
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    Once the QRM Mechanism is triggered and quotes (and in the case of
an Exchange-wide cancellation, orders) are cancelled, all counters that
determine whether the QRM Mechanism is triggered and a QRM Incident
occurs will be reset for all classes for which quotes (and in the case
of an Exchange-wide cancellation, orders) were canceled for all parties
for whom such quotes (and in the case of an Exchange-wide cancellation,
orders) were canceled. This means that, if the QRM Mechanism is
triggered due to a party's reaching the Contract Limit, Cumulative
Percentage Limit, or Number of Series Fully Traded for a class, and
quotes (and in the case of an Exchange-wide cancellation, orders) are
canceled, the number of contracts traded in all classes for which
quotes and orders were canceled would be reset to zero, the cumulative
percentage for all classes for which quotes and orders were canceled
would be reset to zero, and the number of series that are fully traded
for all classes for which quotes and orders were canceled would be
reset to zero. If the Exchange cancels all of the Hybrid Market-Maker's
or TPH organization's electronic quotes and Market-Maker orders resting
in the Book, and the Hybrid Market-Maker or TPH organization does not
reactivate its ability to send quotes or orders, the block will be in
effect only for the trading day that the Hybrid Market-Maker or TPH
organization reached its QRM Incident limit.
    As with the Contract Limit, Cumulative Percentage Limit or Number
of Series Fully Traded QRM functions, Hybrid Market-Makers and TPH
organizations are not required to set parameters for the Exchange-wide
QRM. All QRM Mechanism functionalities are currently optional.
    The Exchange represents that it has the systems capacity to permit
the operation of these enhanced QRM Mechanism functions. The Exchange
does note that, in a situation in which the QRM Mechanism is triggered,
and quotes (and in the case of an Exchange-wide cancellation, orders)
must be canceled for multiple classes related to the same underlying
security or across multiple business clusters,\6\ it may take a brief
period for such cancellation to occur (during which period orders may
execute against such quotes and orders; this functionality will not
violate the Exchange's firm quote rules). The Exchange will use best
efforts to cancel such quotes and orders as rapidly as possible.
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    \6\ The Exchange's systems group various classes into different
business clusters for systems purposes.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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    In particular, the Exchange believes that investors and market
participants will benefit from the proposed new functionality of the
QRM Mechanism. Hybrid Market-Makers are vulnerable to the risk that,
through an error in pricing or due to market events, they will receive
multiple, automatic executions at disadvantageous or erroneous prices
before they can adjust their quotes. Without adequate risk management
tools such as the QRM, Hybrid Market-Makers could widen their quotes,
quote less aggressively or limit their quote size. Such actions may
undermine the quality of the markets available to customers and other
market participants.
    Accordingly, with the enhancements proposed by the Exchange to QRM,
the use of the QRM Mechanism will encourage more aggressive and
narrower quoting, thereby removing impediments to and perfecting the
mechanism of a

free and open market and a national market system, and, in general,
more effectively protecting investors and the public interest. In
addition, providing Market-Makers with more tools for managing risk
will facilitate transactions in securities because, as noted above, the
quotes of market makers will be more reliable and could help prevent
erroneous orders and transactions. As a result, the new functionality
for the QRM Mechanism has the potential to promote just and equitable
principles of trade. Also, the proposed changes do not change to whom
any aspects of the QRM Mechanism applies, as the proposed changes apply
to all market participants to whom the QRM Mechanism previously
applied.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Rather, the Exchange
believes that the functions of the QRM mechanism help promote fair and
orderly markets.
    The Exchange does not believe that the proposed rule change will
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the use
of the QRM Mechanism including the new enhancements is voluntary.
Further, the proposed changes do not change to whom any aspects of the
QRM Mechanism applies, as the proposed changes apply to all market
participants to whom the QRM Mechanism previously applied. Similarly,
the Exchange does not believe that the proposed rule change will impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because, again,
the use of the QRM Mechanism including the new enhancements is
voluntary. Moreover, the proposed enhancements to the QRM Mechanism
apply only to trading on CBOE. To the extent that the proposed changes
may make CBOE a more attractive trading venue for market participants
on other exchanges, such market participants may elect to become CBOE
market participants.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2014-002 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-CBOE-2014-002. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2014-002 and should be
submitted on or before February 14, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01401 Filed 1-23-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 10, 2009 (Volume 74, Number 216)]
[Notices]
[Page 58024-58025]
[DOCID:fr10no09-70]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0528]

International Conference on Harmonisation; Draft Guidance on E7
Studies in Support of Special Populations; Geriatrics; Questions and
Answers; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance entitled ``E7 Studies in Support of
Special Populations: Geriatrics; Questions & Answers.'' The draft
guidance was prepared under the auspices of the International
Conference on Harmonisation of Technical Requirements for Registration
of Pharmaceuticals for Human Use (ICH). The draft questions and answers
(Q&A) guidance addresses the representation of geriatric patients in
the clinical database, including representation of special
characteristics of the geriatric patient population. The Q&As are
intended to provide guidance on this issue.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit electronic or written comments on the draft guidance
by January 11, 2010.

ADDRESSES: Submit electronic comments on the draft guidance to http://
www.regulations.gov. Submit written comments on the draft guidance to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
Submit written requests for single copies of the draft guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm.
2201, Silver Spring, MD 20993-0002; or the Office of Communication,
Outreach and Development (HFM-40), Center for Biologics Evaluation and
Research (CBER), Food and Drug Administration, 1401 Rockville Pike,
Rockville, MD 20852-1448. The guidance may also be obtained by mail by
calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. Send two self-addressed
adhesive labels to assist the office in processing your requests. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
draft guidance document.

FOR FURTHER INFORMATION CONTACT:
    Regarding the guidance: Nisha Jain, Center for Biologics Evaluation
and Research (HFM-392), Food and Drug Administration, 1401 Rockville
Pike, Rockville, MD 20850,<PHONE_NUMBER>; or Robert Temple, Center for
Drug Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, rm. 4212,<PHONE_NUMBER>.
    Regarding the ICH: Michelle Limoli, Office of International
Programs (HFG-1), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In recent years, many important initiatives have been undertaken by
regulatory authorities and industry associations to promote
international harmonization of regulatory requirements. FDA has
participated in many meetings designed to enhance harmonization and is
committed to seeking scientifically based harmonized technical
procedures for pharmaceutical development. One of the goals of
harmonization is to identify and then reduce differences in technical
requirements for drug development among regulatory agencies.
    ICH was organized to provide an opportunity for tripartite
harmonization initiatives to be developed with input from both
regulatory and industry representatives. FDA also seeks input from
consumer representatives and others. ICH is concerned with
harmonization of technical requirements for the registration of
pharmaceutical products among three regions: The European Union, Japan,
and the United States. The six ICH sponsors are the European
Commission; the European Federation of Pharmaceutical Industries
Associations; the Japanese Ministry of Health, Labour, and Welfare; the
Japanese Pharmaceutical Manufacturers Association; the Centers for Drug
Evaluation and Research and Biologics Evaluation and Research, FDA; and
the Pharmaceutical Research and Manufacturers of America. The ICH
Secretariat, which coordinates the preparation of documentation, is
provided by the International Federation of Pharmaceutical
Manufacturers Associations (IFPMA).
    The ICH Steering Committee includes representatives from each of
the ICH sponsors and the IFPMA, as well as observers from the World
Health Organization, Health Canada, and the European Free Trade Area.
    In September 2009, the ICH Steering Committee agreed that a draft
guidance entitled ``E7 Studies in Support of Special Populations:
Geriatrics; Questions & Answers'' should be made available for public
comment. The draft guidance is the product of the E7(R1) Implementation
Working Group of the ICH. Comments about this draft will be considered
by FDA and the E7(R1) Implementation Working Group.
    The draft Q&A guidance addresses the representation of geriatric
patients in the clinical database, including special characteristics of
the geriatric patient population. In view of the growing geriatric
population (elderly and very elderly, i.e., over 75 years of age) and
the recent advances in the field of geriatrics since the ICH E7
guidance issued (59 FR 39398, August 2, 1994), the importance of
geriatric data (including data for the very elderly) in a drug
evaluation program has increased. The Q&As are intended to provide
guidance on this issue.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on this topic.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if

such approach satisfies the requirements of the applicable statutes and
regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments on the draft guidance.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.regulations.gov, http://www.fda.gov/Drugs/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
http://www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm.

    Dated: November 5, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-27000 Filed 11-9-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Notices]
[Page 49455-49456]
[DOCID:fr21au08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

August 13, 2008.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER99-3665-008; ER02-1947-009.
    Applicants: Occidental Power Marketing LP; Occidental Power
Services, Inc.
    Description: Occidental Power Marketing, LP et al. submits an
updated market power analysis and rate schedule revisions pursuant to
Order 697 and 697-A.
    Filed Date: 08/12/2008.
    Accession Number: 20080813-0157.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER00-3080-003.
    Applicants: Otter Tail Power Company.
    Description: Otter Tail Power Company submits revisions to
Substitute First Revised Sheet 2 to FERC Electric Tariff, Original
Volume 9 to comply with Order 697 and 697-A.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0158.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER01-2636-004.
    Applicants: ALLETE, Inc.
    Description: ALLETE, Inc. submits revisions to its Wholesale
Coordination Sales Tariff 2 to participate in the Midwest Independent
Transmission System Operator, Inc.'s Ancillary Services Market etc.
pursuant to Order 697 and 697-A.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0106.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER01-3103-015.
    Applicants: Astoria Energy LLC.
    Description: Astoria Energy LLC submits a revised original Tariff
submitted on 6/30/08 with a red-line and designated in the fashion
requested by FERC staff.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0160.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER04-452-002.
    Applicants: PurEnergy, LLC.
    Description: Pure Energy, Inc. submits its Order 697 Compliance
Filing and Application for Category 1 Status.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0114.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER06-270-001; ER06-271-001.
    Applicants: Solios Power LLC, Solios Asset Management LLC; Solios
Power LLC.
    Description: Solios Power, LLC et al. submits Substitute Original
Sheet 3 to First Revised Rate Schedule 1, which includes a full
citation to the order granting waivers and blanket authorizations.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0161.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER07-515-001.
    Applicants: Domtar Corporation.
    Description: Domtar Corporation submits Substitute First Revised
Sheets 1 and 2 to Rate Schedule FERC 1 to clarify its 6/27/08 triennial
market power update etc.
    Filed Date: 08/07/2008.
    Accession Number: 20080811-0002.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 28, 2008.

    Docket Numbers: ER08-824-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits First Revised Sheet
388F et al. to FERC Electric Tariff, Sixth Revised Volume 1 in
compliance with FERC's 6/12/08 Order.
    Filed Date: 08/12/2008.
    Accession Number: 20080813-0108.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER08-1189-001.
    Applicants: Indeckyerkes Ltd Partnership.
    Description: Indeck-Yerkes Limited Partnership submits an amendment
to their 6/30/08 application for order accepting initial tariff and
granting Category 1 Status, Certain Waivers, and Blanket Approvals.
    Filed Date: 08/07/2008.
    Accession Number: 20080811-0088.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 28, 2008.

    Docket Numbers: ER08-1243-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Amendment to request for limited waiver and request
for waiver of notice and comment procedures of the New York Independent
System Operator, Inc.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0103.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER08-1293-001; ER08-1294-001; ER08-1296-001; ER08-
1297-001; ER08-1300-001.
    Applicants: Crystal Lake Wind, LLC; Crystal Lake Wind II, LLC;
Osceola Windpower II, LLC; Ashtabula Wind, LLC; Story Wind, LLC.
    Description: Crystal Lake Wind, LLC et al. submits a revised
Appendix B-1 to the applications filed on 7/25/08 for market-based rate
authority and generation assets.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0101.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER08-1340-001; ER08-1341-001; ER08-1342-001.
    Applicants: Florida Power & Light Company; Progress Energy Florida;
Tampa Electric Company.
    Description: Tampa Electric Co et al. submits omitted signature
pages for Homestead Energy Services and Progress Energy--Florida of the
Florida Reserve Sharing Group Agreement.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0104.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER08-1383-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Cooperative, Inc. submits
Special Facilities Agreement with Country Electric Cooperative, Inc,
First Revised Sheet 221-299 to Golden Spread's First Revised Rate
Schedule 28.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0107.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: ER98-2640-028.
    Applicants: Northern States Power Company--Wisconsin, Northern
States Power Company--Minnesota, Northern States Power Company and
Northe.
    Description: Northern States Power Co--Minnesota and Northern
States Power Co--Wisconsin submits compliance filing to include
language in NSP market-based rate tariff, Fourth Revised Sheet 1 to
FERC Electric Tariff, Original Volume 6.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0105.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.
    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES08-58-000.
    Applicants: AEP Texas Central Company.

    Description: Authorization to Issue Securities.
    Filed Date: 08/12/2008.
    Accession Number: 20080812-5075.
    Comment Date: 5 p.m. Eastern Time on Friday, August 22, 2008.
    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA07-44-004.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company's Compliance Filing revised
sheets to its open Access Transmission Tariff pursuant to Order No. 890
OATT.
    Filed Date: 08/12/2008.
    Accession Number: 20080812-5067.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: OA07-60-004.
    Applicants: Idaho Power Company.
    Description: Idaho Power Company's Compliance Filing and
corresponding revised Open Access Transmission Tariff sheets.
    Filed Date: 08/07/2008.
    Accession Number: 20080807-5089.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 28, 2008.

    Docket Numbers: OA08-5-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revisions to its
Open Access Transmission Tariff in compliance with the Commission's
Order 890, to be effective 8/11/08.
    Filed Date: 08/11/2008.
    Accession Number: 20080813-0102.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: OA08-41-001.
    Applicants: MidAmerican Energy Company.
    Description: Compliance filing.
    Filed Date: 08/12/2008.
    Accession Number: 20080812-5094.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.

    Docket Numbers: OA08-45-001.
    Applicants: Portland General Electric Company.
    Description: Amendment to Application of Portland General Electric
Company for its revised Order 890 OATT Attachment K.
    Filed Date: 08/12/2008.
    Accession Number: 20080812-5120.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 02, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-19347 Filed 8-20-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3705-3707]
[FR Doc No: 2019-02059]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0073; FRL-9989-22-Region 4]

Air Plan Approval; South Carolina: Revisions to Prevention of
Significant Deterioration Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) revision submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SC DHEC), on September 5, 2017, that
seek to revise certain New Source Review (NSR) regulations regarding
the Prevention of Significant Deterioration (PSD) permitting program.
EPA is finalizing this action pursuant to the Clean Air Act (CAA or
Act).

DATES: This rule is effective on March 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0073. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT:  D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Akers can be reached via telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    On September 5, 2017, SC DHEC submitted a SIP revision to EPA for
approval that involves changes to South Carolina's NSR permitting
regulations to make them consistent with federal requirements for NSR
permitting, correct typographical errors, make internal references
consistent, and update public noticing procedures.\1\ These changes
include revisions to NSR public notice requirements in SC DHEC
Regulation 61-62.5, Standard No. 7--``Prevention of Significant
Deterioration (PSD) at sections (q) and (w)(4) to address the federal
rule entitled ``Revisions to Public Notice Provisions in Clean Air Act
Permitting Programs,'' Final Rule, 81 FR 71613 (October 18, 2016) (also
referred to as the e-Notice Rule). In this final action, EPA is
approving the SIP revision that makes changes to South Carolina's NSR
regulations at SC DHEC Regulation 61-62.5, Standard No. 7 which applies
to the construction or modification of any major stationary source in
areas designated as attainment or unclassifiable as required by part C
of title I of the CAA, with the exception of the portions of the SIP
revision related to the e-Notice Rule. EPA has addressed the e-notice
portions of the SIP revision in a separate action on December 14, 2018
(83 FR 64285).
---------------------------------------------------------------------------

    \1\ Also on September 5, 2017, South Carolina submitted separate
SIP revisions with: Changes to Regulation 61-62.1, Section I--
``Definitions'' and Regulation 61-62.5, Standard No. 5.2--``Control
of Oxides of Nitrogen (NOx);'' the adoption of Regulation 61-62.97--
``Cross State Air Pollution Rule (CSAPR) Trading Program;'' and
changes to the regional haze SIP. The SIP revision related to
Regulation 61-62.97 (CSAPR) was previously approved on October 13,
2017 (82 FR 47939). EPA will address the remaining SIP revisions in
separate actions.
---------------------------------------------------------------------------

    EPA is approving changes submitted in South Carolina's September 5,
2017, SIP revision to modify the PSD regulations to make minor edits
for internal consistency and to adopt changes for consistency with
EPA's 2016 permit rescission rule entitled ``Rescission of
Preconstruction Permits Issued Under the Clean Air Act'' Final Rule, 81
FR 78043 (November 7, 2016). On September 21, 2018 (83 FR 47855), EPA
published a notice of proposed rulemaking (NPRM) proposing to approve
the portions of South Carolina's SIP revision described in Section II,
of this preamble. The details of South Carolina's SIP revision and the
rationale for EPA's actions are further explained in the NPRM. EPA
received no adverse comments on the proposed approval.

II. Analysis of South Carolina's Submittal

    The September 5, 2017, SIP revision makes several changes to
Regulation 61-62.5, Standard No. 7 at section (w)--entitled ``Permit
rescission''--to be consistent with the federal provisions for
rescinding PSD permits.\2\ Paragraph (w)(1) currently states that PSD
permits issued pursuant to Standard No. 7 remain in effect until they
expire or are rescinded. This subparagraph is revised in South
Carolina's submittal to clarify that section (w) is the only provision
under which permit rescission is allowed. Next, paragraph (w)(2) is
revised to remove the date restriction that limits rescission to PSD
permits issued under PSD rules in effect on or before July 30, 1987.
South Carolina's revised language is consistent with the federal Permit
Rescission Rule, allowing for permit rescission if the permit meets the
requirement of paragraph (w)(3). Finally, paragraph (w)(3) is revised
to change the word ``shall'' to ``may'' to clarify that this provision
does not

create a mandatory duty for the State. This change is consistent with
the Permit Rescission Rule at 40 CFR 52.21(w)(3).
---------------------------------------------------------------------------

    \2\ South Carolina also revised Regulation 61-62.5, Standard No.
7 at paragraph (w)(4) to address EPA's eNotice Rule. As discussed
above, EPA has addressed this change in a separate action.
---------------------------------------------------------------------------

    The September 5, 2017, SIP revision also revises other paragraphs
in Regulation 61-62.5, Standard No. 7 for consistency in formatting, to
correct internal references, and to correct typographical errors.
Section (b) is modified at paragraph (34), subparagraph (vi), to
correct a typographical error in the definition of ``Net emissions
increase.'' Next, sections (w), (aa), and (bb) are revised to be in
bold font for internal consistency. Finally, Standard No. 7 is revised
to make internal references and formatting consistent by making changes
in section (aa) at (aa)(1)(i), (aa)(9), (aa)(11)(i), and (aa)(14)(i).
EPA finds that South Carolina's revised rules are consistent with
federal requirements and CAA section 110.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the SC DHEC
regulatory paragraphs identified above in Section II within South
Carolina Regulation 61-62.5, Standard No. 7, entitled ``Prevention of
Significant Deterioration,'' state effective on August 25, 2017. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    This is a final action based on the proposed rule (see 83 FR
47855). For the reasons discussed above, EPA is approving the
aforementioned changes to the South Carolina SIP, submitted on
September 5, 2017.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final action for the State of South Carolina does
not have Tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because it does not have substantial
direct effects on an Indian Tribe. The Catawba Indian Nation
Reservation is located within the boundary of York County, South
Carolina. Pursuant to the Catawba Indian Claims Settlement Act, S.C.
Code Ann. 27-16-120, ``all state and local environmental laws and
regulations apply to the [Catawba Indian Nation] and Reservation and
are fully enforceable by all relevant state and local agencies and
authorities.'' EPA notes this action will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 15, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart PP--South Carolina

0
2. Section 52.2120(c), is amended in the table under the heading
``Regulation No. 62.5 Air Pollution Control Standards'' by revising the
entry for ``Standard No. 7'' to read as follows:

Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Regulation No. 62.5..............  * * *..............

                                                  * * * * * * *
Standard No. 7...................  Prevention of             8/25/2017  2/13/2019 [Insert    The SIP does not
                                    Significant                          Federal Register].   include the August
                                    Deterioration.                                            25, 2017 state-
                                                                                effective version
                                                                                of Standard No. 7,
                                                                                paragraphs
                                                                                (b)(32)(i)(a),
                                                                                (b)(32)(iii)(b)(t)
                                                                                , and
                                                                                (i)(1)(vii)(t).
                                                                                Instead, the SIP
                                                                                includes the June
                                                                                25, 2005 state-
                                                                                effective version
                                                                                of these
                                                                                paragraphs,
                                                                                conditionally
                                                                                approved by EPA on
                                                                                June 2, 2008, and
                                                                                fully approved on
                                                                                June 23, 2011.
                                                                                The SIP does not
                                                                                include Standard
                                                                                No. 7, paragraphs
                                                                                (b)(30)(v) and
                                                                                (b)(34)(iii)(d)
                                                                                because the state
                                                                                withdrew these
                                                                                paragraphs from
                                                                                EPA's
                                                                                consideration for
                                                                                approval on
                                                                                December 20, 2016.
                                                                                The SIP does not
                                                                                include the August
                                                                                25, 2017 state-
                                                                                effective version
                                                                                of Standard No. 7,
                                                                                paragraph
                                                                                (b)(34)(iii)(c)
                                                                                because the state
                                                                                withdrew the
                                                                                August 25, 2017
                                                                                state-effective
                                                                                version of this
                                                                                paragraph from
                                                                                EPA's
                                                                                consideration for
                                                                                approval on June
                                                                                27, 2017. Instead,
                                                                                the SIP includes
                                                                                the June 25, 2005
                                                                                state-effective
                                                                                version of this
                                                                                paragraph
                                                                                conditionally
                                                                                approved by EPA on
                                                                                June 2, 2008, and
                                                                                fully approved on
                                                                                June 23, 2011.

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

* * * * *
[FR Doc. 2019-02059 Filed 2-12-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Page 48845]
[FR Doc No: 2018-21020]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4389-DR; Docket ID FEMA-2018-0001]

Havasupai Tribe; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Havasupai Tribe (FEMA-4389-DR), dated August 31, 2018,
and related determinations.

DATES: The declaration was issued August 31, 2018.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 31, 2018, 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 to the lands associated with
the Havasupai Tribe resulting from severe storms, flooding, and
landslides during the period of July 11 to July 12, 2018, 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 for
the Havasupai Tribe.
    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 and Hazard
Mitigation for the Havasupai Tribe. Consistent with the requirement
that Federal assistance be supplemental, any Federal funds provided
under the Stafford Act for Hazard Mitigation will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to Section 428 of
the Stafford Act.
    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, Ms. Nancy Casper, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas have been designated as adversely affected by
this major disaster:

    The Havasupai Tribe for Public Assistance.
    The Havasupai Tribe is 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.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-21020 Filed 9-26-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Page 22840]
[FR Doc No: 2012-9138]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0019]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Pursuant to Title 49 Code of Federal Regulations (CFR) part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system or relief from the requirements of
49 CFR part 236, as detailed below. FRA assigned the petition Docket
Number FRA-2012-0019.

Applicant

Norfolk Southern Corporation, Mr. B. L. Sykes, Chief Engineer, C&S
Engineering, 1200 Peachtree Street NE., Atlanta, GA 30309.

    The Norfolk Southern Railway (NS) seeks approval of the proposed
modification of a traffic control system. The modifications consist of
the replacement of a power-operated switch with a hand-operated switch
and the shortening of the control point limits by replacing the 4E-1
and 4E-2 signals with the 4E signal, which will be moved east of the
Horseheads Industrial Track at Control Point Horseheads on the Southern
Tier (Milepost SR-276.9 in Horseheads, NY). The reason given for the
replacement is that the power-operated switch is no longer needed in
today's operation.
    Any interested party desiring to protest the granting of an
application shall set forth, specifically, the grounds upon which the
protest is made, and include a concise statement of the interest of the
party in the proceeding. Additionally, one copy of the protest shall be
furnished to the applicant at the address listed above.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should be
identified by Docket Number FRA-2012-0019 and may be submitted by any
of the following methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the DOT electronic site.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 1, 2012 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable. All written communications concerning
these proceedings are available for examination during regular business
hours (9 a.m.-5 p.m.) at the above facility. All documents in the
public docket are also available for inspection and copying on the
Internet at the docket facility's Web site at http://www.regulations.gov.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477, or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 11, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-9138 Filed 4-16-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Notices]
[Page 705]
[FR Doc No: 2020-00016]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP20-372-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Boston Gas
510798 releases eff 1-1-20 to be effective 1/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5005.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-373-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Boston Gas
510807 releases eff 1-1-20 to be effective 1/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5006.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-374-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Boston Gas
511109 releases eff 1-1-20 to be effective 1/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5007.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-375-000.
    Applicants: Southern LNG Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing 2019 to be
effective 2/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5012.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-376-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: TCO Storage Ratchet
Modification to be effective 2/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5065.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-377-000.
    Applicants: LA Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Filing of Negotiated Rate,
Conforming IW Agreements (Amendments) to be effective 1/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5102.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-378-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Jan 2020 to be effective 1/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5139.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-379-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol 2 Neg and Conforming Rate
Agreements-Scout and Conexus FTS-P to be effective 1/1/2020.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5175.
    Comments Due: 5 p.m. ET 1/13/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 85.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 31, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-00016 Filed 1-6-20; 8:45 am]
BILLING CODE 6717-01-P