[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39919-39921]
[FR Doc No: 2020-14314]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs

for each community listed in the table below. Notice of these modified
flood hazard determinations has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                      Location and  case                                                                                Community
  State and county           No.          Chief executive officer of community    Community map  repository        Date of  modification         No.
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Alaska: Juneau       City and Borough of  The Honorable Beth Weldon, Mayor,     Community Development          May 26, 2020................       020009
 (FEMA Docket No.:    Juneau (19-10-       City and Borough of Juneau, 155       Department, 155 South Seward
 B-2021).             1198P).              South Seward Street, Juneau, AK       Street, Juneau, AK 99801.
                                           99801.
Colorado:
    Arapahoe (FEMA   City of Aurora (19-  The Honorable Bob LeGare, Mayor,      Engineering Department, 15151  May 15, 2020................       080002
     Docket No.: B-   08-0618P).           City of Aurora, 15151 East Alameda    East Alameda Parkway,
     2008).                                Parkway, Aurora, CO 80012.            Aurora, CO 80012.
    Arapahoe (FEMA   City of Centennial   The Honorable Stephanie Piko, Mayor,  Southeast Metro Stormwater     May 15, 2020................       080315
     Docket No.: B-   (19-08-0618P).       City of Centennial, 13133 East        Authority, 76 Inverness
     2008).                                Arapahoe Road, Centennial, CO         Drive East, Suite A,
                                           80112.                                Englewood, CO 80112.
    Arapahoe (FEMA   Unincorporated       The Honorable Jeff Baker, Chairman,   Arapahoe County Public Works   May 15, 2020................       080011
     Docket No.: B-   areas of Arapahoe    Arapahoe County Board of              and Development Department,
     2008).           County (19-08-       Commissioners, 5334 South Prince      6924 South Lima Street,
                      0618P).              Street, Littleton, CO 80120.          Centennial, CO 80112.
    Broomfield       City and County of   The Honorable Patrick Quinn, Mayor,   Engineering Department, 1      May 29, 2020................       085073
     (FEMA Docket     Broomfield (19-08-   City and County of Broomfield, 1      DesCombes Drive, Broomfield,
     No.: B-2016).    0385P).              DesCombes Drive, Broomfield, CO       CO 80020.
                                           80020.
    Broomfield       City and County of   The Honorable Patrick Quinn, Mayor,   Engineering Department, 1      May 22, 2020................       085073
     (FEMA Docket     Broomfield (19-08-   City and County of Broomfield, 1      DesCombes Drive, Broomfield,
     No.: B-2016).    0494P).              DesCombes Drive, Broomfield, CO       CO 80020.
                                           80020.
    Jefferson (FEMA  City of Westminster  The Honorable Herb Atchison, Mayor,   City Hall, 4800 West 92nd      May 22, 2020................       080008
     Docket No.: B-   (19-08-0494P).       City of Westminster, 4800 West 92nd   Avenue, Westminster, CO
     2016).                                Avenue, Westminster, CO 80031.        80031.
    Douglas (FEMA    Unincorporated       The Honorable Roger A. Partridge,     Public Works Engineering       May 15, 2020................       080049
     Docket No.: B-   areas of Douglas     Chairman, Douglas County Board of     Division, 100 3rd Street,
     2008).           County (19-08-       Commissioners, 100 3rd Street,        Castle Rock, CO 80104.
                      0888P).              Castle Rock, CO 80104.
Connecticut:
    Fairfield (FEMA  Town of Greenwich    The Honorable Peter J. Tesei, First   Planning and Zoning            May 26, 2020................       090008
     Docket No.: B-   (19-01-1421P).       Selectman, Town of Greenwich Board    Department, 101 Field Point
     2021).                                of Selectmen, 101 Field Point Road,   Road, Greenwich, CT 06830.
                                           Greenwich, CT 06830.
    New Haven (FEMA  Town of Cheshire     The Honorable Rob Oris, Jr.,          Town Hall, 84 South Main       May 15, 2020................       090074
     Docket No.: B-   (20-01-0003P).       Chairman, Town of Cheshire Council,   Street, Cheshire, CT 06410.
     2016).                                84 South Main Street, Cheshire, CT
                                           06410.
Florida:
    Collier (FEMA    City of Marco        Mr. Michael T. McNees, City of Marco  Building Services Department,  May 29, 2020................       120426
     Docket No.: B-   Island (20-04-       Island Manager, 50 Bald Eagle         50 Bald Eagle Drive, Marco
     2021).           0464P).              Drive, Marco Island, FL 34145.        Island, FL 34145.
    Hillsborough     City of Tampa (19-   The Honorable Jane Castor, Mayor,     Development Services           May 18, 2020................       120114
     (FEMA Docket     04-6204P).           City of Tampa, 306 East Jackson       Department, 1400 North
     No.: B-2008).                         Street, Tampa, FL 33602.              Boulevard, Tampa, FL 33607.
    Monroe (FEMA     Village of           The Honorable Mike Forster, Mayor,    Building Department, 86800     May 28, 2020................       120424
     Docket No.: B-   Islamorada (20-04-   Village of Islamorada, 86800          Overseas Highway,
     2021).           0305P).              Overseas Highway, Islamorada, FL      Islamorada, FL 33036.
                                           33036.
    Wakulla (FEMA    Unincorporated       The Honorable Mike Stewart,           Wakulla County Planning and    Jun. 5, 2020................       120315
     Docket No.: B-   areas of Wakulla     Chairman, Wakulla County Board of     Community Development
     2016).           County (19-04-       Commissioners, 3093 Crawfordville     Department, 3093
                      3034P).              Highway, Crawfordville, FL 32327.     Crawfordville Highway,
                                                                                Crawfordville, FL 32327.

Georgia: Cherokee    Unincorporated       The Honorable Harry Johnston,         Cherokee County Engineering    May 15, 2020................       130424
 (FEMA Docket No.:    areas of Cherokee    Chairman, Cherokee County Board of    Department, 1130 Bluffs
 B-2016).             County (19-04-       Commissioners, 1130 Bluffs Parkway,   Parkway, Canton, GA 30114.
                      4793P).              Canton, GA 30114.
Massachusetts:       Town of Nahant (19-  The Honorable Richard Lombard,        Public Works Department, 334   May 12, 2020................       250095
 Essex (FEMA Docket   01-1429P).           Chairman, Town of Nahant Board of     Nahant Road, Nahant, MA
 No.: B-2016).                             Selectmen, 334 Nahant Road, Nahant,   01908.
                                           MA 01908.
Michigan: Washtenaw  City of Ann Arbor    The Honorable Christopher Taylor,     City Hall, 301 East Huron      May 22, 2020................       260213
 (FEMA Docket No.:    (19-05-2230P).       Mayor, City of Ann Arbor, 301 East    Street, Ann Arbor, MI 48107.
 B-2016).                                  Huron Street, Ann Arbor, MI 48107.
New Mexico: Santa    City of Santa Fe     The Honorable Alan Webber, Mayor,     Building Permits Department,   May 20, 2020................       350070
 Fe (FEMA Docket      (19-06-2643P).       City of Santa Fe, 200 Lincoln         200 Lincoln Avenue, Santa
 No.: B-2016).                             Avenue, Santa Fe, NM 87504.           Fe, NM 87504.
North Carolina:      Town of Williamston  The Honorable Joyce Whichard-Brown,   Planning and Zoning            May 14, 2020................       370157
 Martin (FEMA         (19-04-2709P).       Mayor, Town of Williamston, P.O.      Department, 102 East Main
 Docket No.: B-                            Box 506, Williamston, NC 27892.       Street, Williamston, NC
 2016).                                                                          27892.
Oklahoma: Canadian   City of El Reno (19- The Honorable Matt White, Mayor,      City Hall, 101 North Choctaw   May 14, 2020................       405377
 (FEMA Docket No.:    06-2199P).           City of El Reno, P.O. Drawer 700,     Avenue, El Reno, OK 73036.
 B-2016).                                  El Reno, OK 73036.
Pennsylvania:        Township of West     Mr. Casey LaLonde, Township of West   Township Hall, 1025 Paoli      Jun. 8, 2020................       420293
 Chester (FEMA        Goshen (19-03-       Goshen Manager, 1025 Paoli Pike,      Pike, West Chester, PA
 Docket No.: B-       1653P).              West Chester, PA 19380.               19380.
 2016).
South Carolina:      Unincorporated       Mr. Sel Hemingway, Georgetown County  Georgetown County Building     Jun. 4, 2020................       450085
 Georgetown (FEMA     areas of             Administrator, 716 Prince Street,     Department, 129 Screven
 Docket No.: B-       Georgetown County    Georgetown, SC 29440.                 Street, Georgetown, SC
 2016).               (19-04-6326P).                                             29440.
Texas:
    Bexar (FEMA      City of San Antonio  The Honorable Ron Nirenberg, Mayor,   Transportation and Capitol     May 18, 2020................       480045
     Docket No.: B-   (19-06-1791P).       City of San Antonio, P.O. Box         Improvements Department,
     2021).                                839966, San Antonio, TX 78283.        Storm Water Division, 114
                                                                                West Commerce Street, 7th
                                                                                Floor, San Antonio, TX
                                                                                78204.
    Bexar (FEMA      Unincorporated       The Honorable Nelson W. Wolff, Bexar  Bexar County Public Works      May 18, 2020................       480035
     Docket No.: B-   areas of Bexar       County Judge, 101 West Nueva          Department, 1948 Probandt
     2021).           County (19-06-       Street, 10th Floor, San Antonio, TX   Street, San Antonio, TX
                      1791P).              78205.                                78214.
    Collin (FEMA     City of Celina (19-  The Honorable Sean Terry, Mayor,      City Hall, 142 North Ohio      May 18, 2020................       480133
     Docket No.: B-   06-2325P).           City of Celina, 142 North Ohio        Street, Celina, TX 75009.
     2008).                                Street, Celina, TX 75009.
    Collin (FEMA     Unincorporated       The Honorable Chris Hill, Collin      Collin County Engineering      May 18, 2020................       480130
     Docket No.: B-   areas of Collin      County Judge, 2300 Bloomdale Road,    Department, 4690 Community
     2008).           County (19-06-       Suite 4192, McKinney, TX 75071.       Avenue, Suite 200, McKinney,
                      2325P).                                                    TX 75071.
    McLennan (FEMA   City of McGregor     The Honorable James S. Hering,        City Hall, 302 South Madison   May 19, 2020................       480459
     Docket No.: B-   (19-06-1286P).       Mayor, City of McGregor, 302 South    Avenue, McGregor, TX 76657.
     2016).                                Madison Avenue, McGregor, TX 76657.
    McLennan (FEMA   Unincorporated       The Honorable Scott M. Felton,        McLennan County Engineering    May 19, 2020................       480456
     Docket No.: B-   areas of McLennan    McLennan County Judge, 501            and Mapping Department, 215
     2016).           County (19-06-       Washington Avenue, Suite 214, Waco,   North 5th Street, Suite 130,
                      1286P).              TX 76701.                             Waco, TX 76701.
    Tarrant (FEMA    City of Fort Worth   The Honorable Betsy Price, Mayor,     Transportation and Public      May 18, 2020................       480596
     Docket No.: B-   (19-06-2910P).       City of Fort Worth, 200 Texas         Works Department, 200 Texas
     2016).                                Street, Fort Worth, TX 76102.         Street, Fort Worth, TX
                                                                                76102.
    Travis (FEMA     City of Manor (19-   The Honorable Larry Wallace, Jr.,     City Hall, 105 East Eggleston  Jun. 1, 2020................       481027
     Docket No.: B-   06-2660P).           Mayor, City of Manor, P.O. Box 387,   Street, Manor, TX 78653.
     2016).                                Manor, TX 78653.
    Travis (FEMA     Unincorporated       The Honorable Sarah Eckhardt, Travis  Travis County Transportation   Jun. 1, 2020................       481026
     Docket No.: B-   areas of Travis      County Judge, P.O. Box 1748,          and Natural Resources
     2016).           County (19-06-       Austin, TX 78767.                     Department, 700 Lavaca
                      2660P).                                                    Street, 5th Floor, Austin,
                                                                                TX 78701.
Utah:
    Wasatch (FEMA    Town of Wallsburg    The Honorable Celeni Richins, Mayor,  Town Hall, 70 West Main        May 28, 2020................       490168
     Docket No.: B-   (19-08-0779P).       Town of Wallsburg, 70 West Main       Street, Wallsburg, UT 84082.
     2016).                                Street, Wallsburg, UT 84082.
    Wasatch (FEMA    Unincorporated       Mr. Mike Davis, Wasatch County        Wasatch County Community       May 28, 2020................       490164
     Docket No.: B-   areas of Wasatch     Manager, 25 North Main Street,        Services Department, 55
     2016).           County (19-08-       Heber City, UT 84032.                 South 500 East, Heber City,
                      0779P).                                                    UT 84032.
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[FR Doc. 2020-14314 Filed 7-1-20; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Rules and Regulations]
[Pages 50566-50568]
[FR Doc No: 2022-17513]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1083; Airspace Docket No. 19-AAL-62]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route T-229;
Point Hope, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends United States Area Navigation (RNAV) route
T-229 in the vicinity of Point Hope, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800

Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-1083 in the Federal Register (86 FR 70783; December 13,
2021), amending RNAV route T-229 in the vicinity of Point Hope, AK, in
support of a large and comprehensive T-route modernization project for
the state of Alaska. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F, dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Differences From the NPRM

    In ``The Proposal'' section of the NPRM, the SURGE waypoint (WP)
name identified in the T-229 proposed action was incorrect. The correct
WP name is SUGRE WP. This action corrects the WP name to the SUGRE, AK,
WP in The Rule section of the preamble. The WP name correction is
editorial only and the latitude/longitude coordinates remain the same
so there is no change to the alignment of T-229.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending RNAV route T-229 in
the vicinity of Point Hope, AK, in support of a large and comprehensive
T-route modernization project for the state of Alaska. The route
amendment is described below.
    T-229: T-229 extends between the Fairbanks, AK, VOR/Tactical Air
Navigation (VORTAC) and the Point Hope, AK, Non-Directional Beacon
(NDB). The Point Hope NDB is replaced by the new VANTY, AK, waypoint
(WP) to provide a lowered Global Navigation Satellite System (GNSS)
Minimum Enroute Altitude (MEA), from 4,000 feet Mean Sea Level (MSL) to
3,000 feet MSL, between the SUGRE, AK, WP and the new VANTY WP. The
unaffected segments of the route remain unchanged.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of amending RNAV
route T-229 in the vicinity of Point Hope, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-229 Fairbanks, AK (FAI) to VANTY, AK [Amended]

Fairbanks, AK (FAI)                             VORTAC                         (Lat. 64[deg]48'00.25'' N, long. 148[deg]00'43.11'' W)
Tanana, AK (TAL)                                VOR/DME                        (Lat. 65[deg]10'37.65'' N, long. 152[deg]10'39.18'' W)
Huslia, AK (HSL)                                VOR/DME                        (Lat. 65[deg]42'28.35'' N, long. 156[deg]21'47.11'' W)
Selawik, AK (WLK)                               VOR/DME                        (Lat. 66[deg]35'58.11'' N, long. 159[deg]59'26.98'' W)
Kotzebue, AK (OTZ)                              VOR/DME                        (Lat. 66[deg]53'08.46'' N, long. 162[deg]32'23.77'' W)
VANTY, AK                                       WP                             (Lat. 68[deg]20'40.68'' N, long. 166[deg]47'53.61'' W)

* * * * *

    Issued in Washington, DC, on August 10, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-17513 Filed 8-16-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47893-47895]
[FR Doc No: 2019-19540]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0180; FRL-9999-15--Region 8]

Approval and Promulgation of Implementation Plans; Utah;
Interstate Transport Requirements for Nitrogen Dioxide, Sulfur Dioxide,
and Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving five
State Implementation Plan (SIP) submissions from the State of Utah
regarding certain interstate transport requirements of the Clean Air
Act (CAA or ``Act''). These submissions respond to the EPA's
promulgation of the 2010 nitrogen dioxide (NO2) national
ambient air quality standards (NAAQS), the 2010 sulfur dioxide
(SO2) NAAQS, and the 2012 fine particulate matter
(PM2.5) NAAQS. The submissions address the requirement that
each SIP contain adequate provisions prohibiting air emissions that
will significantly contribute to nonattainment or interfere with
maintenance of these NAAQS in any other state. The EPA is taking this
action pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on October 11, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0180. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI 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 through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June
20, 2019 proposed rulemaking (84 FR 28776). In that document we
proposed to approve the CAA section 110(a)(2)(D)(i)(I) portion of
Utah's January 31, 2013, June 2, 2013, December 22, 2015 and two May 8,
2018 infrastructure submissions based on our determination that
emissions from Utah will not significantly contribute to nonattainment,
or interfere with maintenance, of the 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS in any other state.
    We received one anonymous comment letter on our proposal. Our
responses to this comment letter are provided below.

II. Response to Comments

    Comment: The commenter stated that the EPA should review all
sources of SO2 in Utah located within 50 km of another
state's border, rather than focus our analysis on sources in this area
emitting greater than 100 tons per year (tpy) of SO2. The
commenter stated that ``the EPA does not appear to support the

100 tons per year cutoff and has no basis to support this arbitrary
cutoff.''
    Response: The EPA disagrees with the commenter that we did not
provide support for our decision to focus our analysis on sources
emitting greater than 100 tpy of SO2. In the proposal, we
noted that Utah limited its analysis to sources emitting greater than
100 tpy of SO2, and stated that ``we agree with Utah's
choice to limit its analysis in this way, because in the absence of
special factors, for example the presence of a nearby larger source or
unusual physical factors, Utah sources emitting less than 100 tpy can
appropriately be presumed to not be adversely impacting SO2
concentrations in downwind states.'' \1\ The EPA continues to find this
statement accurate.
---------------------------------------------------------------------------

    \1\ n. 16, 84 FR 28779.
---------------------------------------------------------------------------

    We also note that the commenter has not provided any additional
information regarding Utah sources emitting below 100 tpy, such as the
special factors identified in our proposal. While the EPA may at its
discretion develop additional information to assess transport issues,
the commenter's unsupported speculation does not require us to do so.
For these reasons, the EPA finds that our analysis of the Utah sources
in the proposal, considered alongside other weight of evidence factors
described in that document, support the EPA's conclusion that Utah has
satisfied CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour
SO2 NAAQS.
    Comment: The commenter stated that a footnote under Table 5 (84 FR
28780, June 20, 2019) in the proposed rulemaking is confusing. The
commenter noted that the footnote states Table 5 does not include
sources that are duplicative of those in Table 3, and that this does
not make sense because Table 3 lists monitoring locations rather than
sources. The commenter asserts that the EPA ``needs to re-propose with
the correct information so the public can review and make educated
comments.''
    Response: The EPA acknowledges that the footnote under Table 5 was
meant to indicate that this table did not include sources duplicative
of those in Table 4, and that the reference to Table 3 was a
typographical error. However, the EPA disagrees that this error might
reasonably create any confusion, let alone a level of confusion that
justifies re-proposal. In the paragraph preceding Table 5, the proposed
rulemaking states ``the EPA also reviewed the location of sources in
neighboring states emitting more than 100 tpy of SO2 and
located within 50 km of the Utah border (see Table 5) that were not
already addressed in Table 4.'' 84 FR 28780. This statement appears
after Table 4 and before Table 5 in the proposal, in a portion of the
document where the discussion focuses on sources of SO2
above 100 tpy within 50 km of the Utah border, all of which are covered
in either Table 4 or 5. Table 4 of the proposal is titled ``Utah
SO2 Sources Near Neighboring States,'' and Table 5, which
appears on the same page, is titled ``Neighboring State SO2
Sources Near Utah,'' indicating that any duplicative sources would be
duplicative amongst the two tables rather than amongst the sources in
Table 5 and the monitoring data presented in Table 3. For all these
reasons, the EPA disagrees with the commenter that the typographical
error in the footnote following Table 5 requires the Agency to re-
propose action or prevented those in the public from making educated
comments.

III. Final Action

    As discussed in our June 20, 2019 proposed rulemaking (84 FR
28776), and after considering public comment, we have determined that
emissions from Utah will not significantly contribute to nonattainment,
or interfere with maintenance, of the 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS in any other state. We
are therefore approving the January 31, 2013, June 2, 2013, December
22, 2015, and two May 8, 2018 Utah SIP submissions as satisfying the
requirements of CAA section 110(a)(2)(D)(i)(I) for these NAAQS. This
completes the EPA's obligations under CAA section 110(k)(2) to act on
the May 8, 2018 submissions. The EPA has already taken final action on
most of the other infrastructure elements addressed in the January 31,
2013, June 2, 2013, and December 22, 2015 submissions (81 FR 50626,
August 2, 2016).

IV. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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, 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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 November 12, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.

    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 TT--Utah

0
2. Section 52.2354 is amended by adding paragraph (d) to reads as
follows:

Sec.  52.2354  Interstate transport.

* * * * *
    (d) Addition to the Utah State Implementation Plan regarding the
2010 NO2, 2010 SO2, and 2012 PM2.5
Standards for Clean Air Act section 110(a)(2)(D)(i)(I) prongs 1 and 2,
submitted to EPA on January 31, 2013, June 2, 2013, December 22, 2015,
and May 8, 2018.

[FR Doc. 2019-19540 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50668-50672]
[FR Doc No: 2022-17666]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95476; File No. SR-NYSENAT-2022-14]

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

August 11, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on July 29, 2022, NYSE National Inc. (``NYSE National'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes extending the expiration date of the
temporary amendments to Rules 10.9261 and 10.9830 as set forth in SR-
NYSENAT-

2020-31 from July 31, 2022, to October 31, 2022, in conformity with
recent changes by the Financial Industry Regulatory Authority, Inc.
(``FINRA''). The proposed rule change would not make any changes to the
text of NYSE National Rules 10.9261 and 10.9830. The proposed rule
change is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

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

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

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

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

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

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

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

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

    Given that that FINRA and OHO administers disciplinary hearings on
the Exchange's behalf, and that the public health concerns addressed by
FINRA's amendments apply equally to Exchange disciplinary hearings, on
September 29, 2020, the Exchange filed to temporarily amend Rule
10.9261 and Rule 10.9830 to permit FINRA to conduct virtual hearings on
its behalf.\9\ In December 2020, FINRA filed a proposed rule change,
SR-FINRA-2020-042, to extend the expiration date of the temporary
amendments in SR-FINRA-2020-027 from December 31, 2020, to April 30,
2021.\10\ On December 22, 2020, the Exchange similarly filed to extend
the temporary amendments to Rule 10.9261 and Rule 10.9830 to April 30,
2021.\11\ On April 1, 2021, FINRA filed a proposed rule change, SR-
FINRA-2021-006, to extend the expiration date of the temporary rule
amendments to, among other rules, FINRA Rule 9261 and 9830 from April
30, 2021, to August 31, 2021.\12\ On April 20, 2021, the Exchange filed
to extend the temporary amendments to Rule 10.9261 and Rule 10.9830 to
August 31, 2021.\13\ On August 13, 2021, FINRA filed a proposed rule
change, SR-FINRA-2021-019, to extend the expiration date of the
temporary amendments to, among other rules, FINRA Rule 9261 and 9830
from August 31, 2021, to December 31, 2021.\14\ On August 27, 2021, the
Exchange filed to extend the temporary amendments to Rule 10.9261 and
Rule 10.9830 to December 31, 2021.\15\ On December 7, 2021, FINRA filed
a proposed rule change, SR-FINRA-2021-031, to extend the expiration
date of the temporary amendments in both SR-FINRA-2020-015 and SR-
FINRA-2020-027 from December 31, 2021, to March 31, 2022.\16\ On
December 27, 2021, the Exchange filed to extend the temporary
amendments to Rule 10.9261 and Rule 10.9830 to March 31, 2022, after
which the temporary amendments will expire absent another proposed rule
change filing by the Exchange.\17\ On March 7, 2022, FINRA filed to
extend the expiration date of the temporary rule amendments to, among
other rules, FINRA Rule 9261 and 9830 from March 31, 2022, to July 31,
2022.\18\ On March 29, 2022, the Exchange filed to extend the temporary
amendments to Rule 9261 and Rule 9830 to July 31, 2022, after which the
temporary amendments will expire absent another proposed rule change
filing by the Exchange.\19\
---------------------------------------------------------------------------

    \9\ See note 3, supra.
    \10\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042).
    \11\ See Securities Exchange Act Release No. 90822 (December 30,
2020), 86 FR 627 (January 6, 2021) (SR-NYSENAT-2020-39).
    \12\ See Securities Exchange Act Release No. 91495 (April 7,
2021), 86 FR 19306 (April 13, 2021) (SR-FINRA-2021-006).
    \13\ See Securities Exchange Act Release No. 91634 (April 22,
2021), 86 FR 22477 (April 28, 2021) (SR-NYSENAT-2021-11).
    \14\ See Securities Exchange Act Release No. 92685 (August 17,
2021), 86 FR 47169 (August 23, 2021) (SR-FINRA-2021-019).
    \15\ See Securities Exchange Act Release No. 92908 (September 9,
2021), 86 FR 51424 (September 15, 2021) (SR-NYSENAT-2021-16).
    \16\ See Securities Exchange Act Release No. 93758 (December 13,
2021), 86 FR 71695 (December 17, 2021) (SR-FINRA-2021-31).
    \17\ See Securities Exchange Act Release No. 93919 (January 6,
2022), 87 FR 1804 (January 12, 2022) (SR-NYSENAT-2021-25).
    \18\ See Securities Exchange Act Release No. 94430 (March 16,
2022), 87 FR 16262 (March 22, 2022) (SR-FINRA-2022-004).
    \19\ See Securities Exchange Act Release No. 94662 (April 11,
2022), 87 FR 22601 (April 15, 2022) (SR-NYSENAT-2022-03).
---------------------------------------------------------------------------

    Even though it has been more than two years since the World Health
Organization declared COVID-19 a pandemic, FINRA has determined that

uncertainty still remains around this disease. The continued presence
of COVID-19 variants including the quickly emerging Omicron BA.4 and
BA.5 subvariants, dissimilar vaccination rates throughout the United
States, and the current medium to high COVID-19 community levels in
many states indicate that COVID-19 remains an active and real public
health concern.\20\ Due to the uncertainty and the lack of a clear
timeframe for a sustained and widespread abatement of COVID-19-related
health concerns and corresponding restrictions,\21\ FINRA believes that
there is a continued need for temporary relief beyond July 31,
2022.\22\ On July 8, 2022, FINRA accordingly filed to extend the
expiration date of the temporary rule amendments to, among other rules,
FINRA Rule 9261 and 9830 from July 31, 2022, to October 31, 2022.\23\
---------------------------------------------------------------------------

    \20\ See Securities Exchange Act Release No. 95281 (July 14,
2022), 87 FR 43335 (July 20, 2022) (SR-FINRA-2022-018) (``SR-FINRA-
2022-018''). FINRA noted that, for example, there has been a notable
upward trend in the number of daily COVID-19 cases in the United
States since April 1, 2022. See https://covid.cdc.gov/covid-data-tracker/#trends_dailycases. In addition, on June 9, 2022, the Biden
Administration announced its operational plan for COVID-19
vaccinations for children under the age of five. See https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/09/fact-sheetbiden-administration-announces-operational-plan-for-covid-19-vaccinations-for-children-under-5/. See SR-FINRA-2022-018, 87 FR
at 43335, n. 6.
    \21\ For instance, FINRA noted that the Centers for Disease
Control and Prevention (``CDC'') recommends that people wear a mask
in public indoor settings in areas with a high COVID-19 community
level regardless of vaccination status or individual risk. See
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html. The CDC also recommends that people wear
a mask in indoor areas of public transportation and transportation
hubs to protect themselves and those around them and help keep
travel and public transportation safer for everyone. See https://www.cdc.gov/coronavirus/2019-ncov/travelers/masks-public-transportation.html. Furthermore, numerous states currently have
mask mandates in certain settings, such as healthcare and
correctional facilities. See SR-FINRA-2022-018, 87 FR at 43335, n.7.
    \22\ See SR-FINRA-2022-018, 87 FR 43336.
    \23\ See SR-FINRA-2022-018, 87 FR 43335-36.
---------------------------------------------------------------------------

Proposed Rule Change
    Consistent with FINRA's recent proposal, the Exchange proposes to
extend the expiration date of the temporary rule amendments to NYSE
National Rules 10.9261 and 10.9830 as set forth in SR-NYSENAT-2020-31
from July 31, 2022, to October 31, 2022.
    As set forth in SR-FINRA 2022-018, even though it has been more
than two years since the World Health Organization declared COVID-19 a
pandemic, uncertainty still remains around this disease. The continued
presence of COVID-19 variants including the quickly emerging Omicron
BA.4 and BA.5 subvariants, dissimilar vaccination rates throughout the
United States, and the current medium to high COVID-19 community levels
in many states indicate that COVID-19 remains an active and real public
health concern.\24\ Due to the uncertainty and the lack of a clear
timeframe for a sustained and widespread abatement of COVID-19-related
health concerns and corresponding restrictions,\25\ FINRA believes that
there is a continued need for temporary relief beyond July 31,
2022.\26\ FINRA accordingly proposed to extend the expiration date of
the temporary rule amendments from July 31, 2022, to October 31, 2022.
---------------------------------------------------------------------------

    \24\ See note 20, supra.
    \25\ See note 21, supra.
    \26\ See SR-FINRA-2022-018, 87 FR at 43337.
---------------------------------------------------------------------------

    The Exchange proposes to similarly extend the expiration date of
the temporary rule amendments to NYSE National Rules 10.9261 and
10.9830 as set forth in SR-NYSENAT-2020-31 from July 31, 2022, to
October 31, 2022. The Exchange agrees with FINRA that, even though it
has been more than two years since the World Health Organization
declared COVID-19 a pandemic, uncertainty still remains around this
disease. The Exchange also agrees that, due to the uncertainty and the
lack of a clear timeframe for a sustained and widespread abatement of
COVID-19-related health concerns and corresponding restrictions, for
the reasons set forth in SR-FINRA-2022-018, there is a continued need
for this temporary relief beyond July 31, 2022. The proposed change
would permit OHO to continue to assess, based on critical COVID-19 data
and criteria and the guidance of health and security consultants,
whether an in-person hearing would compromise the health and safety of
the hearing participants such that the hearing should proceed by video
conference. As noted in SR-FINRA-2022-018, in deciding whether to
schedule a hearing by video conference, OHO may consider a variety of
other factors in addition to COVID-19 trends. Similarly, as noted in
SR-FINRA-2022-018, in SR-FINRA-2020-027, FINRA provided a non-
exhaustive list of other factors OHO may take into consideration,
including a hearing participant's individual health concerns and access
to the connectivity and technology necessary to participate in a video
conference hearing.\27\ The Exchange believes that this is a reasonable
procedure to continue to follow for hearings under Rules 10.9261 and
10.9830 chaired by a FINRA employee.
---------------------------------------------------------------------------

    \27\ See SR-FINRA-2022-018, 87 FR at 43337, n. 16.
---------------------------------------------------------------------------

    As noted below, the Exchange has filed the proposed rule change for
immediate effectiveness and has requested that the SEC waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing, so the Exchange can implement the
proposed rule change immediately.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\28\ in general, and furthers the objectives of Section
6(b)(5),\29\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with Sections 6(b)(7) and 6(d) of the Act.\30\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b).
    \29\ 15 U.S.C. 78f(b)(5).
    \30\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change supports the
objectives of the Act by providing greater harmonization between
Exchange rules and FINRA rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and will
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
    The proposed rule change, which extends the expiration date of the
temporary amendments to Exchange rules consistent with FINRA's
extension to its Rules 9261 and 9830 as set forth in SR-FINRA-2022-018,
will permit the Exchange to continue to effectively conduct hearings
during the COVID-19 pandemic. Given the current and frequently changing
COVID-19 conditions and the uncertainty around when those conditions
will see meaningful, widespread and sustained improvement, without this
relief

allowing OHO to proceed by video conference, some or all hearings may
have to be postponed. The ability to conduct hearings by video
conference will permit the adjudicatory functions of the Exchange's
disciplinary rules to continue unabated, thereby avoiding protracted
delays. The Exchange believes that this is especially important in
matters where temporary and permanent cease and desist orders are
sought because the proposed rule change would enable those hearings to
continue to proceed without delay, thereby enabling the Exchange to
continue to take immediate action to stop significant, ongoing customer
harm, to the benefit of the investing public.
    As set forth in detail in SR-NYSENAT-2020-31, the temporary relief
to permit hearings to be conducted via video conference maintains fair
process and will continue to provide fair process consistent with
Sections 6(b)(7) and 6(d) of the Act \31\ while striking an appropriate
balance between providing fair process and enabling the Exchange to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets while avoiding the COVID-19-related public
health risks for hearing participants. The Exchange notes that this
proposal, like SR-NYSENAT-2020-31, provides only temporary relief. As
proposed, the changes would be in place through October 31, 2022. As
noted in SR-NYSENAT-2020-31 and above, the amended rules will revert
back to their original state at the conclusion of the temporary relief
period and, if applicable, any extension thereof.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed temporary rule
change will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is not intended to address competitive issues but is rather
intended solely to extend temporary relief necessitated by the
continued impacts of the COVID-19 pandemic and the related health and
safety risks of conducting in-person activities. The Exchange believes
that the proposed rule change will prevent unnecessary impediments to
critical adjudicatory processes and its ability to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets that would otherwise result if the temporary amendments
were to expire on July 31, 2022.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \32\ and Rule 19b-4(f)(6) thereunder.\33\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \33\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \34\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\35\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that there is a continued need to extend the temporary relief
because the Exchange agrees with FINRA that the COVID-19 related health
concerns necessitating this relief will not meaningfully subside by
July 31, 2022.\36\ The Exchange also states that extending the
temporary relief provided in SR-NYSENAT-2020-31 immediately upon filing
and without a 30-day operative delay will allow the Exchange to
continue critical adjudicatory and review processes so that the
Exchange may continue to operate effectively and meet its critical
investor protection goals, while also protecting the health and safety
of hearing participants.\37\ The Commission also notes that this
proposal extends without change the temporary relief previously
provided by SR-NYSENAT-2020-31.\38\ As proposed, the temporary changes
would be in place through October 31, 2022 and the amended rules will
revert back to their original state at the conclusion of the temporary
relief period and, if applicable, any extension thereof.\39\ For these
reasons, the Commission believes that waiver of the 30-day operative
delay for this proposal is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\40\
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    \34\ 17 CFR 240.19b-4(f)(6).
    \35\ 17 CFR 240.19b-4(f)(6)(iii).
    \36\ See supra Item II; see also SR-FINRA-2022-018, 87 FR 43335,
at 43336.
    \37\ See 87 FR 43335, at 43337-38 (noting the same in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2022-018 would become operative immediately upon filing).
    \38\ See supra note 4.
    \39\ See supra note 5. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond October 31, 2022, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \40\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \41\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \41\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSENAT-2022-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSENAT-2022-14. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSENAT-2022-14 and should be submitted
on or before September 7, 2022.
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    \42\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17666 Filed 8-16-22; 8:45 am]
BILLING CODE 8011-01-P