[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Rules and Regulations]
[Pages 26608-26609]
[FR Doc No: 2020-09482]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0079; Airspace Docket No. 19-AGL-30]
RIN 2120-AA66

Amendment of Class E Airspace; Baraboo and Boscobel, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace extending upward from
700 feet above the surface at Reedsburg Municipal Airport, Reedsburg,
WI, contained within the Baraboo, WI, airspace legal description, and
Boscobel Airport, Boscobel, WI. This action is the result of an
airspace review caused by the decommissioning of the Lone Rock VHF
omnidirectional range (VOR) navigation aid, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR Minimum Operational Network (MON) Program. The name and
geographic coordinates of Baraboo-Wisconsin Dells Regional Airport,
Baraboo, WI, and geographic coordinates of Boscobel Airport are also
being updated to coincide with the FAA's aeronautical database.
Airspace redesign is necessary for the safety and management of
instrument flight rules (IFR) operations at these airports.

DATES: Effective 0901 UTC, July 16, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

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
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Reedsburg Municipal Airport, Reedsburg, WI, contained
within the Baraboo, WI, airspace legal description, and Boscobel
Airport, Boscobel, WI, to support IFR operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 7474; February 10, 2020) for Docket No. FAA-2020-0079
to amend the Class E airspace extending upward from 700 feet above the
surface at Reedsburg Municipal Airport, Reedsburg, WI, contained within
the Baraboo, WI. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class E airspace extending upward from 700 feet above
the surface to within a 6.5-mile radius (decreased from a 9.6-mile
radius) of Reedsburg Municipal Airport, Reedsburg, WI; amends the
extension to the south of the airport to extend to 10.8 miles
(increased from 10.5 miles); adds an extension 2 miles each side of the
330[deg] bearing from TUSME extending from the 6.5-mile radius of
Reedsburg Municipal Airport to 5.6 miles northwest of TUSME; and
updates the name and geographic coordinates of Baraboo-Wisconsin Dells
Regional Airport (previously Baraboo Wisconsin Dells Airport), Baraboo,
WI, to coincide with the FAA's aeronautical database;
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 6.7-mile radius (increased from a 6.3-
mile radius) of Boscobel Airport, Boscobel, WI; adds an extension 1
mile each side of the 247[deg] bearing from the airport extending from
the 6.7-mile radius to 6.8 miles southwest of the airport; and updates
the geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    These actions are the result of airspace reviews caused by the
decommissioning of the Lone Rock VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Baraboo, WI [Amended]

Baraboo-Wisconsin Dells Regional Airport, WI
    (Lat. 43[deg]31'19'' N, long. 89[deg]46'17'' W)
Reedsburg Municipal Airport, WI
    (Lat. 43[deg]31'33'' N, long. 89[deg]59'00'' W)
TUSME, WI
    (Lat. 43[deg]36'41'' N, long. 89[deg]58'52'' W)
Portage Municipal Airport, WI
    (Lat. 43[deg]33'37'' N, long. 89[deg]28'58'' W)

    That airspace extending upward from 700 feet above the surface
within a 9.6-mile radius of Baraboo-Wisconsin Dells Regional
Airport, and within a 6.5-mile radius of Reedsburg Municipal
Airport, and within 2 miles each side of the 180[deg] bearing from
Reedsburg Municipal Airport extending from the 6.5-mile radius to
10.8 miles south of the Reedsburg Municipal Airport, and within 2
miles each side of the 330[deg] bearing from TUSME extending from
the 6.5-mile radius to 5.6 miles northwest of TUSME, and within an
8.7-mile radius of Portage Municipal Airport.
* * * * *

AGL WI E5 Boscobel, WI [Amended]

Boscobel Airport, WI
    (lat. 43[deg]09'39'' N, long. 90[deg]40'25'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Boscobel Airport, and within 1 mile
each side of the 247[deg] bearing from the airport extending from
the 6.7-mile radius to 6.8 miles southwest of the airport.

    Issued in Fort Worth, Texas, on April 27, 2020.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-09482 Filed 5-4-20; 8:45 am]
BILLING CODE 4910-13-P


	INDEX TO DOCKET EPA-R09-OAR-2012-0782

Determination of Attainment for the San Francisco Bay Area Nonattainment
Area for the 2006 Fine Particle Standard; California; Determination
Regarding Applicability of Clean Air Act Requirements

FINAL AND PROPOSED RULE

CATEGORY I.	NOTICE OF FINAL RULEMAKING

Reserved

CATEGORY II.	NOTICE OF PROPOSED RULEMAKING

Proposed Rule, “Determination of Attainment for the San Francisco Bay
Area Nonattainment Area for the 2006 Fine Particle Standard; California;
Determination Regarding Applicability of Clean Air Act Requirements”
October 15, 2012. (pre-publication version)

CATEGORY III.	INCORPORATION BY REFERENCE DOCUMENTS

Not Applicable

CATEGORY IV.	OFFICIAL PUBLIC COMMENTS

Reserved (if comments are submitted)

CATEGORY V. 	FEDERAL REGISTER NOTICES

57 FR 13498, State Implementation Plan; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990, April
16, 1992.

58 FR 51735, Executive Order 12866, October 4, 1993.

59 FR 7629, Executive Order 12898, February 16, 1994

60 FR 36723, Determination of Attainment of Ozone Standard for Salt Lake
and Davis Counties, Utah, and Determination Regarding Applicability of
Certain Reasonable Further Progress and Attainment Demonstration
Requirements, July 18, 1995.

61 FR 20458, Approval and Promulgation of Implementation Plans and
Designation of Areas for Air Quality Planning Purposes; Ohio, May 7,
1996.

61 FR 31832, Approval and Promulgation of Implementation Plans and
Designation of Areas for Air Quality Planning Purposes; State of
Michigan, June 21, 1996.

62 FR 19885, Executive Order 13045, April 23, 1997.

62 FR 38652, National Ambient Air Quality Standards for Particulate
Matter, July 18, 1997.

64 FR 43255, Executive Order 13132, August 10, 1999.

65 FR 37879, Approval and Promulgation of Implementation Plans and
Designation of Areas for Air Quality Planning Purposes; Ohio and
Kentucky, June 19, 2000.

65 FR 67249, Executive Order 13175, November 9, 2000.

66 FR 28355, Executive Order 13211, May 22, 2001.

66 FR 53094, Approval and Promulgation of Air Quality Implementation
Plans and Designation of Areas for Air Quality Planning Purposes;
Pennsylvania; Redesignation of Pittsburgh-Beaver Valley Ozone
Nonattainment Area to Attainment and Approval of Miscellaneous
Revisions, October 19, 2001.

68 FR 25418, Determination of Attainment of Ozone Standard, St. Louis
Area; Approval and Promulgation of Implementation Plans, and
Redesignation of Areas for Air Quality Planning Purposes, State of
Missouri, May 12, 2003.

69 FR 21717 Determination of Attainment of the 1-Hour Ozone Standard;
Determination Regarding Applicability of Certain Clean Air Act
Requirements; Approval and Promulgation of Ozone Attainment Plan; San
Francisco Bay Area, CA, April 22, 2004.

70 FR 71612, Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard — Phase 2, November 29, 2005.

71 FR 61144, National Ambient Air Quality Standards for Particulate
Matter, October 17, 2006.

71 FR 61236, Revisions to Ambient Air Monitoring Regulations, Final
Rule, October 17, 2006.

72 FR 20586, Clean Air Fine Particle Implementation Rule, (April 25,
2007)

74 FR 58688, Air Quality Designations for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards, November 13, 2009.

75 FR 56, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North Carolina:
Greensboro-Winston Salem-High Point; Determination of Attaining Data for
the 1997 Fine Particulate Matter Standard, January 4, 2010.

75 FR 230, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North Carolina:
Hickory-Morganton-Lenoir; Determination of Attaining Data for the 1997
Fine Particulate Matter Standard, January 5, 2010.

75 FR 6570, Approval and Promulgation of Air Quality Implementation
Plans; Louisiana; Baton Rouge 1-Hour Ozone Nonattainment Area;
Determination of Attainment of the 1-Hour Ozone Standard, February 10,
2010.

75 FR 27944, Approval and Promulgation of Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; State of
California; PM–10; Determination of Attainment for the Coso Junction
Nonattainment Area; Determination Regarding Applicability of Certain
Clean Air Act Requirements, May 19, 2010.

75 FR 31288, Approval and Promulgation of Air Quality Implementation
Plans; Rhode Island; Determination of Attainment of the 1997 Ozone
Standard, June 3, 2010.

75 FR 53219, Approval and Promulgation of Air Quality Implementation
Plans; Connecticut; Determination of Attainment of the 1997 Ozone
Standard for the Greater Connecticut Area, August 31, 2010.

75 FR 54778, Approval and Promulgation of Air Quality Implementation
Plans; Louisiana; Baton Rouge 8-Hour Ozone Nonattainment Area;
Determination of Attainment of the 8-Hour Ozone Standard, September 9,
2010.

75 FR 62470, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Knoxville; Determination of Attaining Data for the 1997 8-Hour Ozone
Standards, October 12, 2010.

75 FR 64949, Approval and Promulgation of Air Quality Implementation
Plans; Rhode Island; Determination of Attainment of the 1997 Ozone
Standard for the Providence, RI Area, October 21, 2010.

76 FR 11080, Approval and Promulgation of Air Quality Implementation
Plans; Wisconsin; The Milwaukee-Racine and Sheboygan Areas;
Determination of Attainment of the 1997 8-Hour Ozone Standard, March 1,
2011.

76 FR 12860, Approval and Promulgation of Air Quality Implementation
Plans; Indiana; Kentucky; Louisville Nonattainment Area; Determination
of Attainment of the 1997 Annual Fine Particle Standard, March 9, 2011.

76 FR 18650, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Georgia: Rome;
Determination of Attaining Data for the 1997 Annual Fine Particulate
Standard, April 5, 2011.

76 FR 31237, Approval and Promulgation of Air Quality Implementation
Plans; Pennsylvania; Determination of Attainment for the
Pittsburgh-Beaver Valley 8-Hour Ozone Nonattainment Area, May 31, 2011.

76 FR 31239, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama,
Georgia, and Tennessee: Chattanooga; Determination of Attaining Data for
the 1997 Annual Fine Particulate Standard, May 31, 2011.

76 FR 31858, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Georgia: Macon;
Determination of Attaining Data for the 1997 Annual Fine Particulate
Standard, June 2, 2011.

76 FR 33647, Approval and Promulgation of Determination of Attainment
for the 1997 8-Hour Ozone Standard: States of Missouri and Illinois,
June 9, 2011.

76 FR 36873, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Georgia:
Atlanta; Determination of Attainment for the 1997 8-Hour Ozone
Standards, June 23, 2011.

76 FR 38023, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama:
Birmingham; Determination of Attaining Data for the 1997 Annual Fine
Particulate Standard, June 29, 2011.

76 FR 55542, Approval and Promulgation of Air Quality Implementation
Plans; West Virginia: Kentucky; Ohio; Huntington-Ashland Nonattainment
Area; Determinations of Attainment of the 1997 Annual Fine Particulate
Standards, September 7, 2011.

76 FR 60373, Approval and Promulgation of Air Quality Implementation
Plans; Ohio, Kentucky, and Indiana; Cincinnati-Hamilton Nonattainment
Area; Determinations of Attainment of the 1997 Annual Fine Particulate
Standards (September 29, 2011, Cincinnati, Ohio-Kentucky-Indiana, 1997
PM2.5.

76 FR 70656, Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes;
Charlotte-Gastonia-Rock Hill, NC and SC; Determination of Attainment of
the 1997 8-Hour Ozone Standard, November 15, 2011.

77 FR 18922, Approval and Promulgation of Air Quality Implementation
Plans; Pennsylvania; Determinations of Clean Data for the 2006 24-Hour
Fine Particulate Standard for the Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster Nonattainment Areas, March 29, 2012.

77 FR 31496, Approval and Promulgation of Air Quality Implementation
Plans; Massachusetts and New Hampshire; Determination of Attainment of
the One-Hour and 1997 Eight-Hour Ozone Standards for Eastern
Massachusetts, May 29, 2012.

CATEGORY VI.	OTHER DOCUMENTS

Memorandum from John Calcagni, “Procedures for Processing Requests to
Redesignate Areas to Attainment.” September 4, 1992.

Memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, “Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard.” May 10, 1995.

Memorandum from Steve Page, Director, EPA Office of Air Quality Planning
and Standards, “Clean Data Policy for the Fine Particle National
Ambient Air Quality Standards.” December 14, 2004.

Our Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28,
2005 (Memorandum Opinion))

Latino Issues Forum v. EPA, Nos. 06-75831 and 08-71238 (9th Cir. March
2, 2009 (Memorandum Opinion)).

Letter from Joe Lapka, Acting Manager, Air Quality Analysis Office, U.S.
EPA Region IX, to Gary Kendall, Director of Technical Services, Bay Area
Air Quality Management District (BAAQMD) approving BAAQMD’s “2008
Air Monitoring Network Report.” December 17, 2009.

Letter from Jack Broadbent, Executive Officer/Air Pollution Control
Officer, BAAQMD, to Jared Blumenfeld, Regional Administrator, EPA Region
IX, certifying calendar year 2009 ambient air quality data and quality
assurance data, April 30, 2010.

Letter from Matthew Lakin, Manager, Air Quality Analysis Office, U.S.
EPA Region IX, to Eric Stevenson, Director of Technical Services, BAAQMD
approving BAAQMD’s “2009 Air Monitoring Network Review for the Bay
Area Air Quality Management District.” November 1, 2010.

Technical System Audit of the Ambient Monitoring Program: Bay Area Air
Quality Management District, USEPA Region 9. November 2010.

Letter from Deborah Jordan, Director, Air Division, U.S. EPA Region IX,
to Jack Broadbent, Air Pollution Control Officer, BAAQMD, transmitting
“System Audit of the Ambient Monitoring Program: Bay Area Air Quality
Management District, May 26 – June 4, 2009,” with enclosure. January
18, 2011.

Letter from Jack Broadbent, Executive Officer/Air Pollution Control
Officer, BAAQMD, to Jared Blumenfeld, Regional Administrator, EPA Region
IX, certifying calendar year 2010 ambient air quality data and quality
assurance data, April 27, 2011.

BAAQMD’s 2010 Air Monitoring Network Report. July 1, 2011.

Letter from Matthew Lakin, Manager, Air Quality Analysis Office, U.S.
EPA Region IX, to Eric Stevenson Director of Technical Services, BAAQMD
approving BAAQMD’s “2010 Air Monitoring Network Report.” October
31, 2011.

Letter from James Goldstene, Executive Officer of the California Air
Resources Board, to Jared Blumenfeld, Regional Administrator, USEPA
Region IX, requesting EPA find the San Francisco Bay Area 24-hour PM2.5
nonattainment area attained the 2006 24-hour fine particulate National
Ambient Air Quality Standard. December 8, 2011.

Memorandum from Stephen D. Page, Director, Office of Air Quality
Planning and Standards, Implementation Guidance for the 2006 24-Hour
Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS).
March 2, 2012.

Email with attachment from Sonoma Technology Inc. to Gwen Yoshimura,
U.S. EPA Region IX, Air Division. March 26, 2012.

Email with attachment from Gwen Yoshimura, U.S. EPA Region, IX Air
Division to Sonoma Technology Inc. April 11, 2012.

Letter from Jack Broadbent, Executive Officer, BAAQMD, to Jared
Blumenfeld, Regional Administrator, U.S. EPA Region IX, certifying
calendar year 2011 ambient air quality data and quality assurance data.
April 18, 2012.

Air Quality System Design Value Report A providing 8-hour ozone design
values and air monitoring data at monitoring stations in San Francisco
Bay Area nonattainment area. August 31, 2012.

Air Quality System Design Value Report B providing 8-hour ozone design
values and air monitoring data at monitoring stations in San Francisco
Bay Area nonattainment area. August 31, 2012.

Letter from Jean Roggenkamp, Deputy Air Pollution Control Officer,
BAAQMD, to Amy Zimpfer, U.S. EPA Region IX. September 20, 2012.

Email with attachment from Sonoma Technology Inc. to Gwen Yoshimura,
U.S. EPA Region, IX Air Division. September 14, 2012.

Data Completeness Report A Year 2009 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, August 10, 2012.

Data Completeness Report B Year 2009 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, August 10, 2012.

Data Completeness Report A Year 2010 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, August 10, 2012.

Data Completeness Report B Year 2010 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, August 10, 2012.

Data Completeness Report A Year 2011 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, August 10, 2012.

Data Completeness Report B Year 2011 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, August 10, 2012.

Monitor Description Report the San Francisco Bay Area, U.S. EPA Air
Quality System. October 15, 2012.

Data Completeness Report A Year 2012 for the San Francisco Bay Area
nonattainment area, U.S. EPA Air Quality System, October 26, 2012.

  PAGE   \* MERGEFORMAT  8


MEMORANDUM

DATE:		September 9, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Ray Saracino, EPA

SUBJECT:	September 8, 2014 Meeting Regarding Proposed Clean Power Plan for Existing Power Plants
--------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the attendees listed below on September 8, 2014 to discuss the proposed Clean Power Plan for Existing Power Plants. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES

Dave Emme, NDEP
Jasmine Mehta, NDEP
Rob Bamford, NDEP
Sig Jaunarajs, NDEP
Andrew Tucker, NDEP
Alaina Burtenshaw, PUCN
John Candelaria, PUCN
Anne-Marie Cuneo, PUCN
Starla Lacy, NV Energy
Dennis Laybourn, TS Power
Gabrielle Stevens, EPA
Amy Zimpfer, EPA
Ben Machol, EPA
Anita Lee, EPA
Brian Fisher, EPA
Matt Clouse, EPA
Chris Sherry, EPA
Misha Adamantiades, EPA
Jim Ketcham-Colwill, EPA
Jeremy Mark, EPA
James Crichfield, EPA
Nick Swanson, EPA
Ray Saracino, EPA

Attachment


[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20904-20905]
[FR Doc No: 2017-08952]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Federal Advisory Committee
Meeting.

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SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will meet via conference call on
Tuesday, May 23, 2017. The meeting will be open to the public.

DATES: The TMAC will meet via conference call on Tuesday, May 23, 2017
from 10:30 a.m. to 5:00 p.m. Eastern Daylight Time (EDT). Please note
that the meeting will close early if the TMAC has completed its
business.

ADDRESSES: For information on how to access the conference call,
information on services for individuals with disabilities, or to
request special assistance for the meeting, contact the person listed
in FOR FURTHER INFORMATION CONTACT below as soon as possible. Members
of the public who wish to dial in for the meeting must register in
advance by sending an email to<EMAIL_ADDRESS>(attention Mark
Crowell) by 11:00 a.m. EDT on Friday, May 19, 2017.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION section below. The
Agenda and other associated material will be available for review at
www.fema.gov/TMAC by Friday, May 19, 2017. Written comments to be
considered by the committee at the time of the meeting must be received
by Monday, May 22, 2017, identified by Docket ID FEMA-2014-0022, and
submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email TO<EMAIL_ADDRESS>and
CC<EMAIL_ADDRESS>Include the docket number in the subject
line of the message. Include name and contact detail in the body of the
email.
     Mail: Regulatory Affairs Division, Office of Chief
Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For docket access to read background documents or comments
received by the TMAC, go to http://www.regulations.gov and search for
the Docket ID FEMA-2014-0022.
    A public comment period will be held on Tuesday, May 23, 2017, from
1:30--1:50 p.m. EDT. Speakers are requested to limit their comments to
no more than two minutes. The public comment period will not exceed 20
minutes. Please note that the public comment periods may end before the
time indicated, following the last call for comments. Contact the
individual listed below to register as a speaker by close of business
on Friday, May 19, 2017.

FOR FURTHER INFORMATION CONTACT: Mark Crowell, Designated Federal
Officer for the TMAC, FEMA, 500 C St SW., Washington, DC 20024,
telephone<PHONE_NUMBER>, and email<EMAIL_ADDRESS>The TMAC
Web site is: http://www.fema.gov/TMAC.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. Appendix.
    As required by the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
How to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5) (a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an Annual Report to the FEMA Administrator that
contains: (1) A description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate

maps and mapping activities to revise and update Flood Insurance Rate
Maps; and (3) a summary of recommendations made by the Council to the
FEMA Administrator.
    Agenda: On Tuesday, May 23, 2017, the TMAC will review and discuss
the outlines and draft content for each of the three TMAC 2017 Annual
Report topics: (1) Floodplain Management and Mitigation, (2) Residual
Risk, and (3) Future Conditions. A brief public comment period will
take place during the meeting. A more detailed agenda will be posted by
Tuesday, May 16, 2017, at http://www.fema.gov/TMAC.

    Dated: April 26, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Federal
Emergency Management Agency.
[FR Doc. 2017-08952 Filed 5-3-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43926-43928]
[FR Doc No: 2022-15659]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95302; File No. SR-NYSEAMER-2022-32]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Current Pilot Program Related to Rule 7.10E (Clearly Erroneous
Executions)

July 18, 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 13, 2022, NYSE American LLC (``NYSE American'' 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 to extend the current pilot program related
to Rule 7.10E (Clearly Erroneous Executions) to the close of business
on October 20, 2022. 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to extend the current
pilot program related to Rule 7.10E (Clearly Erroneous Executions) to
the close of business on October 20, 2022. The pilot program is
currently due to expire on July 20, 2022.
    On September 10, 2010, the Commission approved, on a pilot basis,
changes to Rule 7.10E that, among other things: (i) provided for
uniform treatment of clearly erroneous execution reviews in multi-stock
events involving twenty or more securities; and (ii) reduced the
ability of the Exchange to deviate from the objective standards set
forth in the rule.\4\ In 2013, the Exchange adopted a provision
designed to address the operation of the Plan.\5\ Finally, in 2014, the
Exchange adopted two additional provisions providing that: (i) a series
of transactions in a particular security on one or more trading days
may be viewed as one event if all such transactions were effected based
on the same fundamentally incorrect or grossly misinterpreted issuance
information resulting in a severe valuation error for all such
transactions; and (ii) in the event of any disruption or malfunction in
the operation of the electronic communications and trading facilities
of an Exchange, another SRO, or responsible single plan processor in
connection with the transmittal or receipt of a trading halt, an
Officer, acting on his or her own motion, shall nullify any transaction
that occurs after a trading halt has been declared by the primary
listing market for a security and before such trading halt has
officially ended according to the primary listing market.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 62886 (Sept. 10,
2010), 75 FR 56613 (Sept. 16, 2010) (SR-NYSEAmer-2010-60).
    \5\ See Securities Exchange Act Release No. 68801 (Feb. 1,
2013), 78 FR 8630 (Feb. 6, 2013) (SR-NYSEMKT-2013-11).
    \6\ See Securities Exchange Act Release No. 72434 (June 19,
2014), 79 FR 36110 (June 25, 2014) (SR-NYSEMKT-2014-37).
---------------------------------------------------------------------------

    These changes were originally scheduled to operate for a pilot
period

to coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility (the ``Limit Up-Limit Down Plan'' or ``LULD
Plan''),\7\ including any extensions to the pilot period for the LULD
Plan.\8\ In April 2019, the Commission approved an amendment to the
LULD Plan for it to operate on a permanent, rather than pilot,
basis.\9\ In light of that change, the Exchange amended Rule 7.10E to
untie the pilot's effectiveness from that of the LULD Plan and to
extend the pilot's effectiveness to the close of business on October
18, 2019.\10\ The Exchange later amended Rule 7.10E to extend the
pilot's effectiveness to the close of business on April 20, 2020,\11\
October 20, 2020,\12\ April 20, 2021,\13\ October 20, 2021,\14\ April
20, 2022,\15\ and July 20, 2022.\16\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
    \8\ See Securities Exchange Act Release No. 71820 (March 27,
2014), 79 FR 18595 (April 2, 2014) (SR-NYSEMKT-2014-28).
    \9\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (approving Eighteenth Amendment
to LULD Plan).
    \10\ See Securities Exchange Act Release No. 85563 (April 9,
2019), 84 FR 15241 (April 15, 2019) (SR-NYSEAMER-2019-11).
    \11\ See Securities Exchange Act Release No. 87354 (October 18,
2019), 84 FR 57139 (October 24, 2019) (SR-NYSEAMER-2019-44).
    \12\ See Securities Exchange Act Release No. 88589 (April 8,
2020), 85 FR 20769 (April 14, 2020) (SR-NYSEAMER-2020-22).
    \13\ See Securities Exchange Act Release No. 90154 (October 13,
2020), 85 FR 66376 (October 19, 2020) (SR-NYSEAMER-2020-73).
    \14\ See Securities Exchange Act Release No. 91552 (April 14,
2021), 86 FR 20583 (April 20, 2021) (SR-NYSEAMER-2021-19).
    \15\ See Securities Exchange Act Release No. 93356 (October 15,
2021), 86 FR 58345 (October 21, 2021) (SR-NYSEAMER-2021-41).
    \16\ See Securities Exchange Act Release No. 94641 (April 7,
2022), 87 FR 21943 (April 13, 2022) (SR-NYSEAMER-2022-18).
---------------------------------------------------------------------------

    The Exchange now proposes to amend Rule 7.10E to extend the pilot's
effectiveness for a further three months until the close of business on
October 20, 2022 while the Commission considers a proposal to make the
pilot program permanent that has been filed by Cboe BZX.\17\ If the
pilot period is not either extended, replaced or approved as permanent,
the prior versions of paragraphs (c), (e)(2), (f), and (g) shall be in
effect, and the provisions of paragraphs (i) through (k) shall be null
and void.\18\ In such an event, the remaining sections of Rule 7.10E
would continue to apply to all transactions executed on the Exchange.
The Exchange understands that the other national securities exchanges
and Financial Industry Regulatory Authority (``FINRA'') will also file
similar proposals to extend their respective clearly erroneous
execution pilot programs, the substance of which are identical to Rule
7.10E.
---------------------------------------------------------------------------

    \17\ See SR-CboeBZX-2022-37 (July 8, 2022).
    \18\ See supra notes 4-6. The prior versions of paragraphs (c),
(e)(2), (f), and (g) generally provided greater discretion to the
Exchange with respect to breaking erroneous trades.
---------------------------------------------------------------------------

    The Exchange does not propose any additional changes to Rule 7.10E.
Extending the effectiveness of Rule 7.10E for an additional three
months will provide the Exchange and other self-regulatory
organizations additional time to consider whether further amendments to
the clearly erroneous execution rules are appropriate.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\19\ in general, and
Section 6(b)(5) of the Act,\20\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that the
proposed rule change promotes just and equitable principles of trade in
that it promotes transparency and uniformity across markets concerning
review of transactions as clearly erroneous. The Exchange believes that
extending the clearly erroneous execution pilot under Rule 7.10E for an
additional three months would help assure that the determination of
whether a clearly erroneous trade has occurred will be based on clear
and objective criteria, and that the resolution of the incident will
occur promptly through a transparent process. The proposed rule change
would also help assure consistent results in handling erroneous trades
across the U.S. equities markets, thus furthering fair and orderly
markets, the protection of investors and the public interest. Based on
the foregoing, the Exchange believes the amended clearly erroneous
executions rule should continue to be in effect on a pilot basis while
the Exchange and other self-regulatory organizations consider whether
further amendments to these rules are appropriate.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal would ensure
the continued, uninterrupted operation of harmonized clearly erroneous
execution rules across the U.S. equities markets while the Exchange and
other self-regulatory organizations consider whether further amendments
to these rules are appropriate. The Exchange understands that the other
national securities exchanges and FINRA will also file similar
proposals to extend their respective clearly erroneous execution pilot
programs. Thus, the proposed rule change will help to ensure
consistency across market centers without implicating any competitive
issues.

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 \21\ and Rule 19b-4(f)(6) thereunder.\22\
Because the foregoing 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 for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act \23\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\24\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \24\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \25\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\26\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange asked
that the Commission waive the 30 day operative

delay so that the proposal may become operative immediately upon
filing. Waiver of the 30-day operative delay would extend the
protections provided by the current pilot program, without any changes,
while a permanent proposal for clearly erroneous execution reviews is
being considered.\27\ For this reason, the Commission hereby waives the
30-day operative delay and designates the proposed rule change as
operative upon filing.\28\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.19b-4(f)(6).
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
    \27\ See SR-CboeBZX-2022-37 (July 8, 2022).
    \28\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2022-32 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-NYSEAMER-2022-32. 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. 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-NYSEAMER-2022-32 and should be submitted
on or before August 12, 2022.
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-15659 Filed 7-21-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71712-71714]
[FR Doc No: 2022-25472]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96341; File No. SR-NASDAQ-2022-065]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delay Implementation of Pending Amendments to Equity 4, Rules 4120,
4702 and 4703

November 17, 2022.
    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 November 14, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to delay implementation of pending amendments
to Equity 4, Rules 4120, 4702 and 4703 \3\ in light of planned changes
to the System.
---------------------------------------------------------------------------

    \3\ References herein to Nasdaq Rules in the 4000 Series shall
mean Rules in Nasdaq Equity 4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    On November 14, 2022, the Exchange plans introduce a new upgraded
version of the OUCH Order entry protocol \4\ that will, when fully
implemented, enable the Exchange to make functional improvements to
specific Order Types \5\ and Order Attributes.\6\ The Exchange filed
its proposal (the ``Proposal'') for these enhancements with the SEC on
September 14, 2022, and in the Proposal the Exchange stated that its
operative date would be November 14.\7\ The Exchange recently issued a
reminder of that operative date in an Equity Trader Alert.\8\ The
Exchange now wishes to inform participants that while it intends to
proceed with introducing technical upgrades to OUCH on November 14th,
the functional upgrades affecting Order Types, Order Attributes, and
Order Handling and trading behavior will not be available on that date.
---------------------------------------------------------------------------

    \4\ The OUCH Order entry protocol is a proprietary protocol that
allows subscribers to quickly enter orders into the System and
receive executions. OUCH accepts limit Orders from members, and if
there are matching Orders, they will execute. Non-matching Orders
are added to the Limit Order Book, a database of available limit
Orders, where they are matched in price-time priority. OUCH only
provides a method for members to send Orders and receive status
updates on those Orders. See https://www.nasdaqtrader.com/Trader.aspx?id=OUCH.
    \5\ An ``Order Type'' is a standardized set of instructions
associated with an Order that define how it will behave with respect
to pricing, execution, and/or posting to the Exchange Book when
submitted to Nasdaq. See Equity 1, Section 1(a)(7).
    \6\ An ``Order Attribute'' is a further set of variable
instructions that may be associated with an Order to further define
how it will behave with respect to pricing, execution, and/or
posting to the Exchange Book when submitted to the Exchange. See id.
    \7\ See Securities Exchange Act Release No. 34-95768 (September
14, 2022); 87 FR 57534 (September 20, 2022) (SR-Nasdaq-2022-051).
    \8\ See Equity Trader Alert 2022-96 (October 26, 2022),
available at http://www.nasdaqtrader.com/TraderNews.aspx?id=%20ETA2022-96.
---------------------------------------------------------------------------

    By way of background, the functional enhancements to OUCH set forth
in the Proposal will enable the Exchange to upgrade the logic and
implementation of certain of its Order Types and Order Attributes so
that the features are more robust, streamlined, and harmonized across
the Exchange's Systems and Order entry protocols. The Exchange
developed OUCH with simplicity in mind, and therefore, it presently
lacks certain complex order handling capabilities. By contrast, the
Exchange specifically designed its RASH Order Entry Protocol \9\ to
support advanced functionality, including discretion, random reserve,
pegging and routing. The introduction of OUCH upgrades will enable
participants to utilize OUCH, in addition to RASH, to enter Order Types
that require advanced functionality. Thus, the upgrades will not
introduce new functionality, but rather, it will offer to OUCH users
advanced functionality that already exists for RASH users.
---------------------------------------------------------------------------

    \9\ The RASH (Routing and Special Handling) Order entry protocol
is a proprietary protocol that allows members to enter Orders,
cancel existing Orders and receive executions. RASH allows
participants to use advanced functionality, including discretion,
random reserve, pegging and routing. See http://nasdaqtrader.com/content/technicalsupport/specifications/TradingProducts/rash_sb.pdf.
---------------------------------------------------------------------------

    Specifically, the Proposal will amend Rule 4702 pertaining to Order
Types to specify that, going forward, OUCH may be used to enter certain
Order Types together with certain Order Attributes, whereas now, Rule
4702 specifies that RASH, FIX, and QIX, but not OUCH, may be used to
enter such combinations of Order Types and Attributes.\10\ The Proposal
will also adjust the current functionality of the Pegging,\11\
Reserve,\12\ and Trade Now Order Attributes,\13\ as described therein,
so that they align with how OUCH, once upgraded, will handle these
Order Attributes going forward.
---------------------------------------------------------------------------

    \10\ The planned upgrades will enable members to utilize OUCH in
additional circumstances, including for the entry of: (1) Price to
Comply and Price to Display Orders with the Reserve Size, Primary
and Market Pegging, and Discretion Order Attributes; (2) Non-
Displayed Orders with the Primary and Market Pegging, Midpoint
Pegging (in scenarios described in amended Rule 4703(d)), and
Discretion Order Attributes; and (3) Market Maker Peg Orders.
    \11\ See Rule 4703(d).
    \12\ See Rule 4703(h).
    \13\ See Rule 4703(m)-(n).
---------------------------------------------------------------------------

    Unfortunately, none of these new OUCH functionalities set forth in
the Proposal will be available on November 14, 2022, and they may not
be available for several months thereafter due to delays in completing
the necessary

development work. The Exchange still will make the new version of OUCH
available for participant use on November 14th, as the Exchange will be
in a position on that date to implement certain technical enhancements
to the OUCH Protocol of value to participants. However, these technical
enhancements will not affect existing Order Types, Order Attributes, or
Order handling or trading behavior on the Exchange.
    As such, the new Rules set forth in the Proposal will not be
operational on November 14th. Instead, existing Rules governing Order
Types, Order Attributes and Order handling and trading behavior on the
Exchange will continue to apply as of November 14th and until such date
as all of the functional upgrades to OUCH are complete and ready for
implementation. The Exchange will announce the implementation date of
the new OUCH functionalities, and of the new Rules set forth in the
Proposal, in an Equity Trader Alert at least 30 days prior to
implementation. A present, the Exchange expects that the new OUCH
functionality will be ready for full implementation in the second or
third quarter of 2023, although that time frame is subject to change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
promote just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It is consistent with the Act to delay implementation of pending
amendments to the Exchange's Rulebook relating to effectuate functional
upgrades to OUCH because such functional upgrades will not be ready for
implementation upon the launch of the new version of the OUCH protocol
on November 14, 2022. The Exchange believes that it is in the best
interests of investors and the public, and consistent with the
maintenance of an orderly market, to avoid confusion by maintaining its
current Rulebook governing OUCH until such time as the Exchange is
ready to implement the new functionality.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change will
merely delay the implementation schedule for the Proposal as well as
the Rules that will apply to participants and their Orders in the
interim period.

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

    No written comments were either solicited or received.

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

    Because the foregoing 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, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \16\ and Rule
19b-4(f)(6) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), 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 Commission believes that a waiver of the operative delay is
consistent with the protection of investors and the public interest
because it allow the Exchange to avoid confusion that might otherwise
arise on November 14, 2022, the date when the Proposal is currently
scheduled to become operative, if the Exchange's Rulebook was to
suggest to participants that OUCH Orders will behave in a manner that
is not yet accurate. Accordingly, the Commission hereby waives the 30-
day operative delay and designates the proposal operative upon filing.
    At any time within 60 days of the filing of the 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) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2022-065 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-NASDAQ-2022-065. 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-NASDAQ-2022-065 and should
be submitted on or before December 14, 2022.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12), (59).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25472 Filed 11-22-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Page 5075]
[FR Doc No: 2019-02711]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2169-114]

Notice of Comment Period Extension; Brookfield Smoky Mountain
Hydropower LLC, Brookfield Smoky Mountain Hydropower LP

    On January 8, 2019, the Commission issued a notice setting February
7, 2019, as the end of the formal period to file comments, motions to
intervene, and protests on the transfer of license application for the
Tapoco Hydroelectric Project No. 2169. Due to the funding lapse at
certain federal agencies between December 22, 2018 and January 25,
2019, the Commission is extending the comment period until February 25,
2019.

    Dated: February 11, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02711 Filed 2-19-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Notices]
[Page 42362]
[DOCID:fr21jy08-64]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1769-DR]

West Virginia; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of West Virginia (FEMA-1769-DR), dated June 19, 2008, and
related determinations.

DATES: Effective Date: July 8, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of West Virginia is hereby amended to include the
following area among those areas determined to have been adversely
affected by the catastrophe declared a major disaster by the President
in his declaration of June 19, 2008.

    Clay County for Individual Assistance (already designated for
Public Assistance.)

(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
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-16554 Filed 7-18-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Notices]
[Page 68779]
[DOCID:fr09no10-48]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-86-014; Docket No. EL07-88-014; Docket No. EL07-92-
014]

Notice of Filing

November 2, 2010.

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

-------------------------------------------------------------------------
                         Docket No. EL07-86-014.
Ameren Services Company; Northern Indiana Public Service Company v.
 Midwest Independent Transmission System Operator, Inc.
                         Docket No. EL07-88-014.
Great Lakes Utilities; Indiana Municipal Power Agency; Missouri Joint
 Municipal Electric Utility Commission; Missouri River Energy Services;
 Prairie Power, Inc; Southern Minnesota Municipal Power Agency;
 Wisconsin Public Power Inc. v. Midwest Independent Transmission System
 Operator, Inc.
                         Docket No. EL07-92-014.
Wabash Valley Power Association, Inc. v. Midwest Independent
 Transmission System Operator, Inc.
------------------------------------------------------------------------

    Take notice that on October 29, 2010, The Midwest Independent
Transmission System Operator, Inc. filed proposed revisions to its Open
Access Transmission, Energy and Operating Reserve Markets Tariff,
Fourth Revised Volume, pursuant to the Federal Energy Regulatory
Commission's Order issued August 30, 2010, Midwest Indep. Trans. Sys.
Operator, Inc., 132 FERC ] 61,186 (2010) (August 30 Order).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on November 18, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28231 Filed 11-8-10; 8:45 am]
BILLING CODE 6717-01-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Tuesday, January 12, 2016 1:23 PM
To:
David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
EPA changes to Enclosure 1 as a result of Industry review-compilation of comments (only)

Hello  -  I've made the changes to Enclosure 1 as a result of the industry review. Thank you again for providing your comments. Also, having redline helped me make the changes quickly, using the exact words provided. Attached is a collection of my responses to some of the changes that I could not make, or not make entirely as requested, and the reasons for this. I've also included the same or similar comment in the mark-up that I will send you later this week. I'd like to have the EPA contractor at RTI (Gabrielle Raymond) look it over first just to give is a second look.

I will send you the (near) final version as soon as Gabrielle can review it and then I have reformatted all in one typeset with all questions moved to their correct "installment" group. I am now going through SunCokes comments on Enclosure 2 and will address those as much as I can.

I've attached my comments along with a page out of the 2005 RTR for subpart L MACT track sources, which shows you what I've added into Enclosure 1 to support the technology review (discussed in my comments).

If you have any questions on my comments here, feel free to email me. In some cases, you may be able to see better what the results of my comments are once you get the revised draft ICR. This should happen either by end of this week or sometime next week.
_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Changes to ICR-Enclosure-1 as a result of Industry review 12-18-15_DLJ-01-12-16.docx >>
<< leak-data-needed-1.pdf >>


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36471-36473]
[FR Doc No: 2016-13324]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0461]

Safety Zones; Annual Events in the Captain of the Port Detroit
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce various safety zones for annual
marine events in the Captain of the Port Detroit zone from 9:20 p.m. on
May 29, 2016 through 9:45 p.m. on September 4, 2016. Enforcement of
these zones is necessary and intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
these fireworks events. During the aforementioned period, the Coast
Guard will enforce restrictions upon, and control movement of, vessels
in a specified area immediately prior to, during, and immediately after
fireworks events. During each enforcement period, no person or vessel
may enter the respective safety zone without permission of the Captain
of the Port.

DATES: The regulations in 33 CFR 165.941 will be enforced without
actual notice at various dates and times between 9:20 p.m. on June 7,
2016 through 9:45 p.m. on September 4, 2016. For purposes of
enforcement, actual notice will be used from June 1, 2016 until June 7,
2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email PO1 Todd Manow, Prevention, U.S. Coast Guard
Sector Detroit, 110 Mount Elliot Ave., Detroit MI, 48207; telephone
(313)568-9580; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.941, Safety Zones; Annual Events in the
Captain of the Port Detroit Zone, at the following dates and times for
the following events, which are listed in chronological order by date
and time of the event:
    (1) Catawba Island Club Memorial Day Fireworks, Catawba Island, OH.
The safety zone listed in Sec.  165.941(a)(56) will be enforced from
9:20 p.m. to 9:40 p.m. on May 29, 2016.
    (2) Bay-Rama Fishfly Festival Fireworks, New Baltimore, MI. The
safety zone listed in Sec.  165.941(a)(29), all waters of Lake St.
Clair-Anchor Bay, off New Baltimore City Park, within a 300-yard radius
of the fireworks launch site located at position 42[deg]41' N.,
082[deg]44' W. (NAD 83), usually on an evening during the first week in
June, will be enforced from 9 p.m. to 11 p.m. on June 23, 2016.
    (3) St. Clair Shores Fireworks, St. Clair Shores, MI. The safety
zone listed in Sec.  165.941(a)(39) will be enforced from 9:45 p.m. to
11 p.m. on June 24, 2016.
    (4) Washington Township Firefighters Summerfest, Toledo, OH. The
safety zone listed in Sec.  165.941(a)(2) will be enforced from 8:30
p.m. to 10:30 p.m. on June 25, 2016.
    (5) Sigma Gamma Fireworks, Grosse Pointe Farms, MI. The safety zone
listed in Sec.  165.941(a)(51) will be enforced from 9:45 p.m. to 10:45
p.m. on June 27, 2016.
    (6) Ford (formerly Target) Fireworks, Detroit, MI. The first safety
zone, listed in Sec.  165.941(a)(50)(i)(A), all waters of the Detroit
River bounded by the arc of a circle with a 900-foot radius with its
center in position 42[deg]19'23'' N., 083[deg]04'34'' W. (NAD 83), on
the waterfront area adjacent to 1351 Jefferson Avenue, Detroit,
Michigan will be enforced from 8 a.m. on June 24, 2016 to 8 p.m. on
June 27, 2016.
    The second safety zone, listed in Sec.  165.941(a)(50)(i)(B), a
portion of the Detroit River bounded on the South by the International
Boundary line, on the West by 083[deg]03'30'' W. (NAD 83), on the North
by the City of Detroit shoreline and on the East by 083[deg]01'15'' W.
(NAD 83), will be enforced from 8 p.m. to 11:55 p.m. on June 27, 2016.
    The third safety zone listed in Sec.  165.941(a)(50)(i)(C), a
portion of the Detroit River bounded on the South by the International
Boundary line, on the

West by the Ambassador Bridge, on the North by the City of Detroit
shoreline, and on the East by the downstream end of Belle Isle, will be
enforced from 6 p.m. to 11:59 p.m. on June 27, 2016.
    (7) Roostertail Fireworks, Detroit, MI. The safety zone listed in
Sec.  165.941(a)(1), all waters of the Detroit River within a 300-foot
radius of the fireworks launch site on shore near the Roostertail
Restaurant, will be enforced from 10 p.m. to 10:30 p.m. on June 27,
2015. In the event of inclement weather on the evening of June 27,
2016, this safety zone will be enforced from 10 p.m. to 10:30 p.m. on
June 28, 2016.
    (8) Bay City Fireworks Festival, Bay City, MI. The safety zone
listed in Sec.  165.941(a)(53), all waters of the Saginaw River near
Bay City, MI, from the Veteran's Memorial Bridge south approximately
1000-yards to the River Walk Pier, will be enforced from 8 p.m. to
10:30 p.m. on June 30, and July 1 and 2, 2016. In the case of inclement
weather on any scheduled day, this safety zone will be enforced from 8
p.m. to 10:30 p.m. on July 3, 2016.
    (9) Lexington Independence Festival Fireworks, Lexington, MI. The
safety zone listed in Sec.  165.941(a)(42), all waters of Lake Huron
within a 300-yard radius of the fireworks barge located 300 yards east
of the Lexington break wall, will be enforced from 10 p.m. to 10:30
p.m. on July 1, 2016. In the case of inclement weather on July 1, 2016,
this safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 2,
2016.
    (10) Catawba Island Club Fireworks, Catawba Island, OH. The safety
zone listed in Sec.  165.941(a)(21) will be enforced from 9:30 p.m. to
09:50 p.m. on July 1, 2016.
    (11) Harrisville Fireworks, Harrisville, MI. The safety zone listed
in Sec.  165.941(a)(7), a 450-foot radius of the fireworks launch site
located at the end of the break wall at the Harrisville harbor, will be
enforced from 10 p.m. to 11 p.m. on July 2, 2016.
    (12) Grosse Ile Yacht Club Fireworks, Grosse Ile, MI. The safety
zone listed in Sec.  165.941(a)(44), all waters of the Detroit River
within a 300-yard radius of the fireworks launch site located at the
Grosse Ile Yacht Club at position 42[deg]06' N., 083[deg]09' W. (NAD
83), will be enforced from 9:45 p.m. to 10:30 p.m. on July 2, 2016. In
the case of inclement weather on July 2, 2016, this safety zone will be
enforced from 9:45 p.m. to 10:30 p.m. on July 3, 2016.
    (13) Luna Pier Fireworks Show, Luna Pier, MI. The safety zone
listed in Sec.  165.941 (a)(16) will be enforced from 9:30 p.m. to 11
p.m. on July 2, 2016.
    (14) Red, White and Blues Bang Fireworks, Huron, OH. The safety
zone listed in Sec.  165.941(a)(22) will be enforced between from 10:30
p.m. until 10:45 p.m. on July 2, 2016.
    (15) Bay Point Fireworks Display, Marblehead, OH. The safety zone
listed in Sec.  165.941(a)(58) will be enforced from 10 p.m. to 10:30
p.m. on July 2 and 3, 2016.
    (16) Algonac Pickerel Tournament Fireworks, Algonac, MI. The safety
zone listed in Sec.  165.941(a)(37), all waters of the St. Clair River,
within a 300-yard radius of the fireworks barge located at position
42[deg]37' N., 082[deg]32' W. (NAD 83), North of Russell Island, will
be enforced from 10 p.m. to 10:30 p.m. on July 2, 2016. In the case of
inclement weather on July 2, 2016, this safety zone will be enforced
from 10 p.m. to 10:30 p.m. on July 3, 2016.
    (17) Port Sanilac Fireworks, Port Sanilac, MI. The safety zone
listed in Sec.  165.941(a)(38) will be enforced from 10 p.m. to 11 p.m.
on July 2, 2016.
    (18) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI. The
safety zone listed in Sec.  165.941(a)(35), all waters of Lake St.
Clair, within a 300-yard radius of the fireworks launch site at
position 42[deg]23.85' N., 082[deg]53.25' W. (NAD 83), at a private
park at Harbor Hill and Lake Shore Rd, will be enforced from 10 p.m. to
10:45 p.m. on July 2, 2016.
    (19) Oscoda Township Fireworks, Oscoda, MI. The safety zone listed
in Sec.  165.941(a)(32) will be enforced from 10 p.m. to 10:30 p.m. on
July 4, 2016. In the case of inclement weather on July 4, 2016, this
safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 5,
2016.
    (20) Lakeside July 4th Fireworks, Lakeside, OH. The safety zone
listed in Sec.  165.941(a)(20) will be enforced from 9:45 p.m. to 10:30
p.m. on July 4, 2016.
    (21) Grosse Pointe Yacht Club 4th of July Fireworks, Grosse Pointe
Shores, MI. The safety zone listed in Sec.  165.941(a)(41), all U.S.
waters of the Lake St. Clair, within a 300 yard radius of position
42[deg]26' N., 082[deg]52' W. (NAD 83), approximately 500 feet east of
the Grosse Point Yacht Club, will be enforced from 10 p.m. to 10:30
p.m. on July 4, 2016. In the case of inclement weather on July 4, 2016,
this safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 5,
2016.
    (22) Belle Maer Harbor 4th of July Fireworks, Harrison Township,
MI. The safety zone listed in Sec.  165.941(a)(46), all U.S. waters of
Lake St. Clair, within a 400 yard radius of position 42[deg]36'30'' N.,
082[deg]47'40'' W. (NAD 83), will be enforced from 10 p.m. to 10:30
p.m. on July 4, 2016. In the case of inclement weather on July 4, 2016,
this safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 5,
2016.
    (23) Port Austin Fireworks, Port Austin, MI. The safety zone listed
in Sec.  165.941(a)(33), all waters of Lake Huron within a 300-yard
radius of the fireworks launch site, at position 42[deg]03' N.,
082[deg]59' W. (NAD 83), off of the Port Austin break wall, will be
enforced from 10 p.m. to 10:30 p.m. on July 4, 2016. In the case of
inclement weather on July 4, 2016, this safety zone will be enforced
from 10 p.m. to 10:30 p.m. on July 5, 2016.
    (24) City of St. Clair Fireworks, St. Clair, MI. The safety zone
listed in Sec.  165.941(a)(31) will be enforced from 10 p.m. to 10:45
p.m. on July 4, 2016. In the case of inclement weather on July 4, 2016,
this safety zone will be enforced from 10 p.m. to 10:45 p.m. on July 5,
2016.
    (25) Tawas City 4th of July Fireworks, Tawas City, MI. The safety
zone listed in Sec.  165.941(a)(47), all U.S. waters of Lake Huron,
within a 300 yard radius of position 44[deg]16' N., 083[deg]30' W. (NAD
83), 2000 feet west of the State Dock in East Tawas, will be enforced
from 10 p.m. to 11 p.m. on July 4, 2016.
    (26) Huron Riverfest Fireworks, Huron, OH. The safety zone listed
in Sec.  165.941(a)(23) will be enforced between from 10:15 p.m. until
10:30 p.m. on July 8, 2016.
    (28) Marine City Maritime Festival Fireworks, Marine City, MI. The
safety zone listed in Sec.  165.941(a)(13), all waters of the St. Clair
River within a 500-foot radius of the fireworks launch site located at
position 42[deg]43.15' N., 082[deg]29.2' W. (NAD 83), approximately 500
feet offshore from the intersection of Pearl St. and N. Water St, will
be enforced from 10 p.m. to 10:30 p.m. on August 5, 2016. In the case
of inclement weather on August 5, 2016, this safety zone will be
enforced from 10 p.m. to 10:30 p.m. on August 6, 2016.
    (29) Catawba Island Club Fireworks, Catawba Island, OH. The safety
zone listed in Sec.  165.941(a)(28) will be enforced from 9:15 p.m. to
9:45 p.m. on September 4, 2016.
    Under the provisions of Sec.  165.23, entry into, transiting, or
anchoring within these safety zones during the enforcement period is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. Vessels that wish to transit through the
safety zones may request permission from the Captain of the Port
Detroit or his designated representative. Requests must be made in
advance and approved by the Captain of Port before transits will be
authorized. Approvals will be granted on a case by case basis. The
Captain of the Port may be contacted via

U.S. Coast Guard Sector Detroit on channel 16, VHF-FM. The Coast Guard
will give notice to the public via Local Notice to Mariners and VHF
radio broadcasts that the regulation is in effect.
    This document is issued under authority of Sec.  165.941 and 5
U.S.C. 552(a). If the Captain of the Port determines that any of these
safety zones need not be enforced for the full duration stated in this
document, he may suspend such enforcement and notify the public of the
suspension via a Broadcast Notice to Mariners.

    Dated: June 1, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-13324 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 54-56]
[FR Doc No: E9-31083]

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

40 CFR Part 52

[EPA-R04-OAR-2009-0561-200929; FRL-9098-8]

Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North
Carolina: Greensboro-Winston Salem-High Point; Determination of
Attaining Data for the 1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is determining that the Greensboro-Winston Salem-High
Point, North Carolina, (hereafter referred to as ``Greensboro, North
Carolina'') nonattainment area for the 1997 fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS) has
attaining data for the 1997 PM2.5 NAAQS.

DATES: Effective Date: This final rule is effective on January 4, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2009-0561. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by
phone at<PHONE_NUMBER> or via electronic mail at<EMAIL_ADDRESS>
For information relating to the North Carolina State Implementation
Plan (SIP), please

contact Nacosta Ward at<PHONE_NUMBER>. Ms. Ward can also be reached at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. What Is EPA's Final Action?
V. What Are the Statutory and Executive Order Reviews?

I. What Action Is EPA Taking?

    EPA is determining that the Greensboro, North Carolina,
nonattainment area has attaining data for the 1997 PM2.5
NAAQS. This determination is based upon quality assured, quality
controlled and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 PM2.5 NAAQS based on
the 2006-2008 data. In addition, quality controlled and quality assured
monitoring data submitted during the calendar year 2009, which are
available in the EPA Air Quality System database, but not yet
certified, indicate that this area continues to meet the 1997
PM2.5 NAAQS.
    Other specific requirements of the determination and the rationale
for EPA's proposed action are explained in the notice of proposed
rulemaking (NPR) published on October 6, 2009 (74 FR 51246) and will
not be restated here. The comment period for the NPR closed on November
5, 2009. No public comments were received in response to the NPR.

II. What Is the Effect of This Action?

    This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this area to submit attainment demonstrations,
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning SIPs related
to attainment of the 1997 PM2.5 NAAQS as long as this area
continues to meet the 1997 PM2.5 NAAQS.

III. When Is the Action Effective?

    EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As noted above, this
determination of attainment suspends the requirements for the
Greensboro, North Carolina, PM2.5 nonattainment area to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and any other planning SIPs related to attainment of the
standard as long as this area continues to meet the 1997
PM2.5 NAAQS. The suspension of these requirements is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). In addition, this nonattainment area's
suspension from these requirements provide good cause to make this rule
effective on the date of publication of this action in the Federal
Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. Where, as here, the final rule suspends
requirements rather than imposing obligations, affected parties, such
as the State of North Carolina, do not need time to adjust and prepare
before the rule takes effect.

IV. What Is EPA's Final Action?

    EPA is determining that the Greensboro, North Carolina,
nonattainment area has attaining data for the 1997 PM2.5
NAAQS. This determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data showing that this
area has monitored attainment of the 1997 PM2.5 NAAQS during
the period 2006-2008. This final action, in accordance with 40 CFR
51.1004(c), will suspend the requirements for this area to submit
attainment demonstrations, associated reasonably available control
measures, reasonable further progress plans, contingency measures, and
other planning SIPs related to attainment of the 1997 PM2.5
NAAQS as long as the Area continues to meet the 1997 PM2.5
NAAQS.

V. What Are Statutory and Executive Order Reviews?

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 March 5, 2010. 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, pertaining to the determination of attaining data
for the 1997 fine particulate matter standard for the Greensboro, North
Carolina, PM2.5 nonattainment area, 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, Particulate matter.

    Dated: December 15, 2009
J. Scott Gordon,
Acting Regional Administrator, Region 4.

0
Accordingly, 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart II--North Carolina

0
2. Section Sec.  52.1781 is amended by adding paragraph (e) to read as
follows:

Sec.  52.1781  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (e) Determination of Attaining Data. EPA has determined, as of
January 4, 2010, the Greensboro-Winston Salem-High Point, North
Carolina nonattainment area has attaining data for the 1997
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as this area continues to meet the 1997 PM2.5 NAAQS.

[FR Doc. E9-31083 Filed 12-31-09; 8:45 am]
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