[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32826-32827]
[FR Doc No: 2017-14997]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0600]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Animal Drug User Fee
Cover Sheet

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by August
17, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0539.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 11601 Landsdown
St., North Bethesda, MD 20852,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Animal Drug User Fee Cover Sheet OMB Control Number 0910-0539--
Extension

    Under section 740 of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 379j-12), FDA has the authority to assess and
collect application fees from each person who submits certain new
animal drug applications or certain supplemental animal drug
applications. The Animal Drug User Fee cover sheet (Form FDA 3546) is
designed to collect the minimum necessary information to determine
whether a fee is required for the review of an application or
supplement or whether an application fee waiver was granted, to
determine the amount of the fee required, and to assure that each
animal drug user fee payment is appropriately linked to the

animal drug application for which payment is made. The form, when
completed electronically, will result in the generation of a unique
payment identification number used by FDA to track the payment. FDA's
Center for Veterinary Medicine and FDA's Office of Management will use
the information collected to initiate the administrative screening of
new animal drug applications and supplements to determine whether the
payment has been received.
    Description of Respondents: Respondents to this collection of
information are new animal drug applicants.
    In the Federal Register of October 21, 2016 (81 FR 72810), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received no comments. FDA estimates the
burden of this collection of information as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
       FD&C act section/ description                FDA form No.             Number of     responses per   Total annual   Average burden    Total hours
                                                                            respondents     respondent       responses     per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
740(a)(1); Animal Drug User Fee cover       FDA 3546....................              21               1              21               1              21
 sheet.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimates in table 1 are based on our experience with new
animal drug applications and supplemental animal drug applications and
the average number of Animal Drug User Fee cover sheets submitted
during fiscal years 2013-2015. We estimate 21 respondents will each
submit a cover sheet (Form FDA 3546) for a total of 21 responses. We
calculate a reporting burden of 1 hour per response, for a total of 21
hours. The burden hours are increased. The overall increase in burden
hours (by 4 hours) is due to the normal variation in the number of
Animal Drug User Fee cover sheets submitted to FDA.

    Dated: July 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-14997 Filed 7-17-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Notices]
[Page 39090]
[DOCID:fr05au09-90]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Federal Radiological Preparedness Coordinating Committee; Notice
of Public Meeting

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of public meeting.

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SUMMARY: The Federal Radiological Preparedness Coordinating Committee
(FRPCC) is holding a public meeting on September 16, 2009 in
Washington, DC.

DATES: The meeting will take place on September 16, 2009. The session
open to the public will be from 9 a.m. to 11 a.m. Send written
statements and requests to make oral statements to the contact person
listed below by close of business September 7, 2009.

ADDRESSES: The meeting will be held in the Large First Floor conference
room in the North building of the Technology World Building Conference
Facility located at 800 K St. NW., Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Timothy Greten, FRPCC Executive
Secretary, DHS/FEMA, 1800 South Bell Street--CC847, Mail Stop 3025,
Arlington, VA 20598-3025; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The role and functions of the Federal
Radiological Preparedness Coordinating Committee (FRPCC) are described
in 44 CFR parts 351.10(a) and 351.11(a). The FRPCC is holding a public
meeting on September 16, 2009, from 9 a.m. to 11 a.m., in the Large
First Floor conference room in the North building of the Technology
World Building Conference Facility located at 800 K St. NW.,
Washington, DC 20024. Please note that the meeting may close early.
This meeting is open to the public. Public meeting participants must
pre-register to be admitted to the meeting. To pre-register, please
provide your name and telephone number by close of business on
September 7, 2009, to the individual listed in the FOR FURTHER
INFORMATION CONTACT section above.
    The tentative agenda for the FRPCC meeting includes: (1)
Introductions, (2) reports from FRPCC Subcommittees, (3) old business
and new business, and (4) business from the floor. The FRPCC Chair
shall conduct the meeting in a way that will facilitate the orderly
conduct of business. Reasonable provisions will be made, if time
permits, for oral statements from the public of not more than five
minutes in length. Any member of the public who wishes to make an oral
statement at the meeting should send a written request for time by
close of business on September 7, 2009, to the individual listed in the
FOR FURTHER INFORMATION CONTACT section above. Any member of the public
who wishes to file a written statement with the FRPCC should provide
the statement by close of business on September 7, 2009, to the
individual listed in the FOR FURTHER INFORMATION CONTACT section above.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, please
write or call the individual listed in the FOR FURTHER INFORMATION
CONTACT section above as soon as possible.

    Authority: 44 CFR 351.10(a) and 351.11(a).

    Dated: July 27, 2009.
James R. Kish,
Director, Technological Hazards Division, Chair, Federal Radiological
Preparedness Coordinating Committee, National Preparedness Directorate,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-18648 Filed 8-4-09; 8:45 am]

BILLING CODE 9110-21-P


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23179-23180]
[FR Doc No: E9-11464]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No: 2042-153]

Public Utility District No. 1 of Pend Oreille County, Washington;
Notice of Application for Amendment of License, and Soliciting Comments
and Motions To Intervene

May 11, 2009.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Request for Amendment of License.
    b. Project No: 2042-153.
    c. Date Filed: March 24, 2009.
    d. Applicant: Public Utility District No. 1 of Pend Oreille County,
Washington.
    e. Name and Location of Project: The Box Canyon Hydroelectric
Project is located on the Pend Oreille River in northeastern Washington
and northwestern Idaho. The project occupies federal lands, including
acreage within the Colville National Forest and the Kalispel Indian
Reservation.

    f. Filed Pursuant to: The application for amendment of license was
filed pursuant to 18 CFR 4.201.
    g. Applicant Contacts: Mr. Mark Cauchy, Pend Oreille PUD, P.O. Box
190, 130 North Washington, Newport, WA 99156,<PHONE_NUMBER>, and Mr.
James B. Vasile, Davis Wright Tremaine LP, 1919 Pennsylvania Avenue,
NW., Suite 200, Washington, DC 20006,<PHONE_NUMBER>.
    h. FERC Contact: Any questions on this notice should be addressed
to Mr. Mark Carter,<PHONE_NUMBER> or<EMAIL_ADDRESS>and Ms.
Holly Frank,<PHONE_NUMBER> or<EMAIL_ADDRESS>    i. Deadline for filing comments and motions: Comments on the
application for amendment of license are due within 30 days of the
issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Please include the project number (P-2042-153) on any comments or
motions filed.
    Comments may be filed electronically via the Internet in lieu of
paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov under the ``e-Filing'' link.
    j. Background and Description of Proposal: On July 11, 2005, the
Commission issued a new license for the continued operation of the Box
Canyon Project. On November 17, 2006, the Commission issued its order
on rehearing of the July 11 relicense order. The relicense order, as
amended by the order on rehearing, contains, in their entirety,
conditions submitted by the Department of the Interior (Interior) and
the U.S. Forest Service pursuant to section 4(e) of the Federal Power
Act (FPA) and the fish passage measures prescribed by Interior pursuant
to FPA section 18. On November 21, 2006, the Pend Oreille PUD
petitioned the Court of Appeals for the District of Columbia for review
of the Commission's July 2005 licensing order and its November 2006
order on rehearing, alleging the 4(e) conditions and section 18
prescriptions were not based on substantial evidence. In February 2007
the case was referred to mediation. The parties have settled the issues
and developed revised conditions and prescriptions as a result.
    The revised section 4(e) conditions and section 18 prescriptions
are included as appendices A through D of the settlement agreement
filed with the application for amendment of license. Additional
provisions to be included in the license are set forth in appendix E.
The settlement agreement also requires Interior and the Forest Service
to file revised section 4(e) conditions that will replace certain
conditions set forth in the July 11, 2005 licensing order. On April 7
and 9, 2009, respectively, the Forest Service and Interior filed their
revised conditions and fishway prescriptions for the project. The Pend
Oreille PUD requests that the Commission amend the new license to
substitute the revised conditions and prescriptions submitted by the
Forest Service and Interior and the additional provisions set forth in
Appendix E to the settlement agreement. The Pend Oreille PUD also
requests that the Commission make conforming revisions to license
articles 401, 402 and 406 to reflect new schedules and other revisions
set forth in the revised conditions and prescriptions.
    k. Locations of the Application: The settlement agreement and
application, Interior's revised section 4(e) and section 18 fishway
prescriptions and the Forest Service's revised section 4(e) terms and
conditions, are available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the documents. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item g above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    Comments--Anyone may submit comments or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210 and 385.214. In determining the appropriate action to take,
the Commission will consider all comments and motions to intervene, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments
or motions to intervene must be received on or before the specified
comment date for the application.
    Filing and Service of Responsive Documents--Any filings must bear
in all capital letters the title ``COMMENTS'' or ``MOTION TO
INTERVENE'', as applicable, and the Project Number of the particular
application to which the filing refers. Any of the above-named
documents must be filed by providing the original and the number of
copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    Agency Comments--Federal, State, and local agencies are invited to
file comments on the described application. A copy of the application
may be obtained by agencies directly from the Applicant. If an agency
does not file comments within the time specified for filing comments,
it will be presumed to have no comments. One copy of an agency's
comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11464 Filed 5-15-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67381-67382]
[FR Doc No: 2013-26990]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4154-DR; Docket ID FEMA-2013-0001]

North Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of North Dakota (FEMA-4154-DR), dated October
31, 2013, and related determinations.

DATES: Effective Date: October 31, 2013.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 31, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of North Dakota resulting from a severe winter storm during the
period of October 4-5, 2013, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of North Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Adams, Bowman, Grant, Hettinger, Morton, Sioux, and Slope
Counties for Public Assistance.

    All counties within the State of North Dakota are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-26990 Filed 11-8-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Proposed Rules]
[Page 53670]
[FR Doc No: 2014-21481]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 610 and 680

[Docket No. FDA-2014-N-1110]

Revocation of General Safety Test Regulations That Are
Duplicative of Requirements in Biologics License Applications;
Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; correction.

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SUMMARY: The Food and Drug Administration is correcting a proposed rule
entitled ``Revocation of General Safety Test Regulations That Are
Duplicative of Requirements in Biological License Applications'' that
appeared in the Federal Register of August, 22, 2014. The document
proposed to amend the biologics regulations by removing the general
safety test requirements for biological products. The document
published with the incorrect title. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Lori J. Churchyard, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 22, 2014,
in FR Doc. 2014-19888, on page 49727, the following correction is made:
    1. On page 49727, in the third column, in the heading of the
document, ``Revocation of General Safety Test Regulations That Are
Duplicative of Requirements in Biological License Applications'' is
corrected to read ``Revocation of General Safety Test Regulations That
Are Duplicative of Requirements in Biologics License Applications''.

    Dated: September 3, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-21481 Filed 9-9-14; 8:45 am]
BILLING CODE 4164-01-P


                 United States Environmental Protection Agency
                    Docket Index for EPA-R09-OAR-2018-0587

                        Notice of Proposed Rulemaking
Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Permit Requirements for the 2008 8-Hour Ozone Standard

                                 July 31, 2018
 Note: Copies of the Federal Register (FR) notices listed in Section C are publicly accessible at https://www.gpo.gov/fdsys/search/submitcitation.action?publication=FR.

Document Number
SIP Submittal Documents
A.1
SIP submittal package for South Coast from the California Air Resources Board; Dated November 16, 2017
A.2
SIP submittal package for San Joaquin Valley from the California Air Resources Board; Dated June 19, 2018
A.3
SIP submittal package for Yolo-Solano from the California Air Resources Board; Dated June 19, 2018

Document Number
Supporting Materials and Other Documents
B.1
South Coast SIP Submittal Completeness Letter (Elizabeth J. Adams, EPA Region 9 Letter to Richard W. Corey, CARB); Dated July 31, 2018
B.2
San Joaquin Valley and Yolo-Solano SIP Submittal Completeness Letter (Elizabeth J. Adams, EPA Region 9 Letter to Richard W. Corey, CARB); Dated July 18, 2018

Document Number
Federal Register Notices
C.1
 62 FR 36214 (July 7, 1997)
C.2
 64 FR 13514, (March 19, 1999)
C.3
 70 FR 71612 (November 29, 2005)
C.5
 71 FR 35157 (June 19, 2006)
C.6
 73 FR 16436 (March 27, 2008)
C.7
 80 FR 12263 (March 6, 2015)
C.8
 82 FR 9158 (February 3, 2017)
C.9
 77 FR 30088 (May 21, 2012)
C.10
 61 FR 64291 (December 4, 1996)
C.11
 79 FR 55637 (September 14, 2014)


[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3959-3960]
[FR Doc No: 2018-01556]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1015]
RIN 1625-AA09

Drawbridge Operation Regulation; China Basin, Mission Creek, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the 3rd Street Bridge, across China Basin,
Mission Creek, mile 0.0, at San Francisco, California. The bridge
owner, the City of San Francisco, submitted a request to secure the
bridge in the closed-to-navigation position for 18 months in order to
conduct critical mechanical and structural rehabilitation of the
bridge. The temporary change to the regulations is expected to meet the
reasonable needs of navigation on the waterway.

DATES: This temporary final rule is effective from 6 a.m. on February
28, 2018, until 11 p.m. on September 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-1015 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IAW In accordance with
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 14, 2017, we published a NPRM entitled, ``Drawbridge
Operation Regulation; China Basin, Mission Creek, San Francisco, CA''
in the Federal Register (82 FR 218). We received no comments on this
rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The 3rd Street Bridge, across China Basin, Mission Creek, mile 0.0, at
San Francisco, California, is a single leaf bascule bridge which
provides 3 feet of vertical clearance at mean high water in the closed
position and unlimited vertical clearance in the open position.
According to the Coast Guard Drawbridge Operation Regulations in 33 CFR
117.149 the draw shall open on signal if at least one hour notice is
given.
    The owner of the bridge, the City of San Francisco, has submitted a
request to the Coast Guard to keep the bridge in the closed-to-
navigation position for 18 months to complete critical mechanical and
structural rehabilitation of the bridge.
    China Basin, Mission Creek, is 0.64 miles in length with the 3rd
Street Bridge at the mouth of the basin. Approximately 35 recreational
vessels are moored upstream of the bridge and require the drawspan to
open in order to depart the basin into San Francisco Bay. There are no
commercial vessels that regularly use the waterway. The City of San
Francisco has indicated that they will assist vessel owners in China
Basin, Mission Creek, to find alternate moorings during the closure
period. Vessels able to transit the bridge, while in the closed-to-
navigation position, can continue to do so during the closure period.
    Under this temporary final rule the draw need not open for the
passage of vessels from 6 a.m. on February 28, 2018, until 11 p.m. on
September 30, 2019.
    If necessary, during this temporary final rule period, the draw
shall open on signal if at least 45 days notice is given.

IV. Discussion of Comments, Changes, and the Temporary Final Rule

    The Coast Guard provided a comment period of 30 days and no
comments were received. As a result, no changes have been made to the
rule as proposed.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited number
of vessels impacted and the ability of those vessel owners, located
upstream of the bridge, to receive assistance from the City of San
Francisco in finding alternate moorings while the bridge is in the
closed-to-navigation position.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact

on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
    A Record of Environmental Consideration and a Memorandum for the
Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. From 6 a.m. on February 28, 2018, until 11 p.m. on September 30,
2019, Sec.  117.149, is suspended and Sec.  117.149(T) is added to read
as follows:

Sec.  117.149-T   China Basin, Mission Creek.

    (a) The draw of the 3rd Street bridge, mile 0.0, at San Francisco,
need not be opened for the passage of vessels. The draw shall be
returned to operable condition within 45 days after notification by the
District Commander to do so.
    (b) The draw of the 4th Street bridge, mile 0.2, at San Francisco,
shall open on signal if at least one hour notice is given.

    Dated: January 23 2018.
Todd A. Sokalzuk,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2018-01556 Filed 1-26-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16786-16789]
[FR Doc No: 2019-08062]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0617; FRL-9992-54-Region 4]

Air Plan Approval; GA: Non-Interference Demonstration and
Maintenance Plan Revision for Federal Low-Reid Vapor Pressure
Requirement in the Atlanta Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision that supports a change to the
Federal Reid Vapor Pressure (RVP) requirements in 13 counties in
Atlanta, Georgia. They comprise the following counties: Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale (Atlanta fuel volatility Area).
The Atlanta fuel volatility Area is a subset of the Atlanta 15-county
2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone
maintenance area is comprised of the following counties: Bartow,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (Atlanta
maintenance Area). This approval is based in part on EPA's analysis of
whether the SIP revision would interfere with the Atlanta maintenance
Area's ability to meet the requirements of the Clean Air Act (CAA or
Act). On August 15, 2018, Georgia, through the Georgia Environmental
Protection Division (GA EPD), submitted a noninterference demonstration
to support its SIP revision requesting that EPA relax the Federal RVP
requirements for the Atlanta fuel volatility Area. This SIP revision
updates Georgia's 2008 8-hour ozone maintenance plan for the Atlanta
maintenance Area and its emissions inventory, the associated motor
vehicle emissions budgets (MVEBs), and includes measures to offset the
emissions increases expected from the relaxation of the Federal RVP
requirements. Georgia's noninterference demonstration concludes that
relaxing the Federal RVP requirement from 7.8 pounds per square inch
(psi) to 9.0 psi for gasoline sold between June 1 and September 15 of
each year in the Atlanta fuel volatility Area would not interfere with
attainment or maintenance of any national ambient air quality standards
(NAAQS or standards) or with any other CAA requirement. EPA is
approving this SIP revision because EPA has determined that the
revision is consistent with the applicable provisions of the CAA. EPA
will also initiate a separate rulemaking to relax the current Federal
requirement to use gasoline that complies with the Federal RVP limit
from 7.8 psi to 9.0 psi in the Atlanta fuel volatility Area.

DATES: This rule will be effective May 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0617. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if possible, you contact the person
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Myers can be reached via telephone at<PHONE_NUMBER> or
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What is the background for this action?

    On November 6, 1991 (56 FR 56694), EPA designated and classified
the following counties in and around the Atlanta, Georgia metropolitan
area as a Serious ozone nonattainment area for the 1-hour ozone NAAQS:
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and Rockdale. This 13-county 1-hour
ozone area is the ``Atlanta fuel volatility Area.'' The nonattainment
designation triggered various requirements for the Atlanta 1-hour ozone
nonattainment area. One of those requirements for the 1-hour ozone
nonattainment area was the Federal 7.8 psi RVP limit for gasoline sold
between June 1 and September 15, which is the subject of this action.
    EPA issued a final rulemaking action on September 26, 2003, to
reclassify or ``bump up,'' the area to a Severe ozone nonattainment
area. This reclassification became effective on January 1, 2004 (68 FR
55469). EPA redesignated the Atlanta 1-hour ozone area to attainment,
effective June 14, 2005 (70 FR 34660).
    On April 30, 2004 (69 FR 23858), EPA designated the following 20
counties in and around metropolitan Atlanta as a Marginal nonattainment
area for the 1997 8-hour ozone NAAQS: Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding,
and Walton. The Atlanta fuel volatility Area is a sub-set of this 20-
county area. Subsequently, EPA reclassified the Atlanta 1997 8-hour
ozone nonattainment area as a Moderate nonattainment area on March 6,
2008 (73 FR 12013), because the area failed to attain the 1997 8-hour
ozone NAAQS by the required attainment date of June 15, 2007. On
December 2, 2013 (78 FR 72040), EPA redesignated the area to attainment
for the 1997 8-hour ozone NAAQS.
    Effective July 20, 2012, EPA designated the following 15-counties
Marginal nonattainment for the 2008 8-hour ozone NAAQS: Bartow,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.\1\ (77 FR
30088, May 21, 2012, and 77 FR 34221, June 11, 2012). As mentioned
before, the Atlanta fuel volatility Area is sub-set of this 15-county
area. The 15-county Atlanta 2008 8-hour ozone nonattainment area did
not attain the 2008 8-hour ozone NAAQS by the attainment date of July
20, 2015, and therefore on May 4, 2016 (81 FR 26697), EPA published a
final rule reclassifying the area from a Marginal nonattainment area to
a Moderate nonattainment area for the 2008 8-hour ozone standard.
Moderate areas were required to attain the 2008 8-hour ozone NAAQS no
later than July

20, 2018, which is six years after the effective date of the initial
nonattainment designations. See 40 CFR 51.1103.
---------------------------------------------------------------------------

    \1\ In the proposed rule published on February 12, 2019 (84 FR
3358) on page 3360 Newton was inadvertently left off the list of the
15-counties in the Marginal 2008 8-hour ozone nonattainment area.
---------------------------------------------------------------------------

    On July 14, 2016 (81 FR 45419), EPA determined that the Atlanta
2008 8-hour ozone nonattainment area attained the 2008 8-hour ozone
NAAQS based on complete, quality-assured, and certified ozone
monitoring data for years 2013 through 2015. On July 18, 2016, Georgia
submitted a 2008 8-hour ozone redesignation request and maintenance
plan for the area (hereafter the ``Atlanta maintenance Area''), which
EPA approved on June 2, 2017 (82 FR 25523).
    On October 1, 2015 (80 FR 65292), EPA revised the 8-hour ozone
standard from 0.075 ppm to 0.070 ppm. Subsequently, on June 4, 2018 (83
FR 25776), EPA published a final rule (effective August 3, 2018)
designating the following 7 Atlanta counties Marginal nonattainment for
the 2015 8-hour ozone NAAQS: Bartow, Clayton, Cobb, DeKalb, Fulton,
Gwinnett and Henry. Areas designated Marginal nonattainment must attain
the standard by August 3, 2021.
    On August 15, 2018, Georgia submitted a SIP revision to the 2008 8-
hour ozone maintenance plan with a CAA section 110(l) noninterference
demonstration to support the State's request that EPA relax the Federal
RVP requirement from 7.8 psi to 9.0 psi for gasoline sold between June
1 and September 15 of each year (high ozone season) in the Atlanta
maintenance Area, which encompasses the smaller Atlanta fuel volatility
Area, and the 7-county 2015 8-hour ozone nonattainment area. The
demonstration concluded that relaxing the RVP requirement within the
Atlanta fuel volatility Area will not interfere with the maintenance or
attainment of the NAAQS or with reasonable further progress toward
attainment.\2\
---------------------------------------------------------------------------

    \2\ While this final rule focuses on ozone, which is the
pollutant most likely to be impacted by the proposed revision, the
demonstration provided information that the relaxation would have
little to no impact on particulate matter (PM), sulfur dioxide
(SO2), nitrogen dioxide (NO2), carbon monoxide
(CO), lead (Pb), and related precursors.
---------------------------------------------------------------------------

    The demonstration included an evaluation of the impact that the
relaxation of the 7.8 psi RVP requirement would have on Atlanta's
ability to maintain the 1997 and 2008 ozone standards. It also
evaluates whether the relaxation of the Federal RVP requirement would
interfere with the ability of the 7-county 2015 8-hour ozone
nonattainment area to attain the ozone standard by August 3, 2021,
which is the attainment date for areas classified as Marginal, or with
any of the other applicable NAAQS. Although the attainment date is
August 3, 2021, Marginal areas must show attainment using air quality
data for years 2018 through 2020. Based on modeling data from EPA's
Cross State Air Pollution Rule, the entire State of Georgia is showing
attainment for the 2015 8-hour ozone NAAQS through 2023.\3\
---------------------------------------------------------------------------

    \3\ See the Peter Tsirigotis Memorandum dated October 19, 2018,
entitled ``Considerations for Identifying Maintenance Receptors for
Use in Clean Air Act Section 110(a)(2)(D)(i)(I) Interstate Transport
State Implementation Plan Submissions for the 2015 Ozone National
Ambient Air Quality Standards.'' See also https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
---------------------------------------------------------------------------

    The demonstration also included two offset measures--school bus
replacements and rail locomotive conversions--to obtain the necessary
emissions reductions from the small increases in nitrogen oxides
(NOX) and volatile organic compounds (VOC) emissions at the
9.0 psi RVP level. This RVP relaxation will not worsen air quality
because Georgia's offsets provided compensating, equivalent emissions
reductions to negate the increases in emissions from NOX and
VOC.
    Georgia replaced five old school buses (built in 2000-2003) in
Paulding County with five 2017 school buses. Also, forty old school
buses (built in 1999-2003) in Fulton County were replaced with forty
2017 school buses. The locomotive conversion program consists of two
components: (1) The conversion of three older traditional switcher
locomotives into newly-available low emissions engine technology from
Norfolk Southern Railway, Inc., and (2) Norfolk Southern Railway,
Inc.'s conversion of two switchers into ``slugs'' which are driven by
electrical motors whose electricity is received from companion
``mother'' locomotives.
    The amount of NOX reductions obtained from the school
bus replacements and locomotive conversions were more than what is
needed to compensate for the small amount of NOX and VOC
increases associated with relaxing the Federal gasoline RVP limit from
7.8 psi to 9.0 psi. The SIP revision also included an update to the
mobile emissions inventory and associated 2030 MVEBs due to the
relaxation. The on-road emissions inventory and safety margin
allocation for the year 2030 were updated but the MVEB totals
themselves remained unchanged. See Table 1 below.
---------------------------------------------------------------------------

    \4\ The 2014 on-road emissions and MVEBs in this chart are shown
for illustration purposes because no changes were made to the 2014
attainment year emissions inventory due to the relaxation.
    \5\ The safety margin is the difference between the attainment
level of emissions (from all sources) and the projected level of
emissions (from all sources) in the maintenance plan. The
transportation conformity rule provides for establishing safety
margins for use in transportation conformity determinations. See 40
CFR 93.124(a).

             Table 1--Updated MVEBs for the 15-County Atlanta Maintenance Area in Tons per Day (tpd)
----------------------------------------------------------------------------------------------------------------
                                                             2014 \4\                          2030
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions...............................          170.15           81.76           39.63           36.01
Safety Margin Allocation \5\....................  ..............  ..............           18.37           15.99
MVEBs with Safety Margin........................          170.15           81.76              58              52
----------------------------------------------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on February 12,
2019 (84 FR 3358), EPA proposed to approve the August 15, 2018, SIP
revision. The details of Georgia's submittal and the rationale for
EPA's actions are explained in the NPRM.

II. Response to Comments

    EPA received one comment from the Society of Independent Gasoline
Marketers of America (SIGMA).
    Comment: SIGMA expressed support for the approval of the SIP
revision while also expressing concerns over the compliance date for
the future rulemaking that would relax the Federal RVP standard for
gasoline from 7.8 psi to 9.0 psi in the 13-county Area. Specifically,
SIGMA stated that a compliance date that is either too close to the
start or in the middle of the 2019 summer fuel season would inject

significant disruption into the fuel marketplace.
    Response: SIGMA's comment on the compliance date for the future RVP
relaxation rulemaking is outside of the scope of the approval of this
SIP revision, which updates Georgia's 2008 8-hour ozone maintenance
plan for the Atlanta maintenance Area and adds measures to offset
emissions increases expected from the relaxation of the Federal RVP
standard. As explained at proposal, EPA intends to engage in a notice
and comment rulemaking that would relax the Federal RVP standard in the
13-county area from 7.8 psi to 9.0 psi (84 FR 3358). SIGMA is
encouraged to submit this comment when EPA proposes any such rule.

III. Final Action

    EPA is taking final action to approve Georgia's August 15, 2019,
SIP revision, including the section 110(l) noninterference
demonstration supporting the change of 7.8 psi to 9.0 psi RVP
requirements in the Atlanta fuel volatility Area, which is a subset of
the Atlanta maintenance Area. The SIP revision updates Georgia's 2008
8-hour ozone maintenance plan for the Atlanta maintenance Area, its
emissions inventory, the MVEBs, and it includes measures to offset the
emissions increases expected from the relaxation of the Federal RVP
requirements. Georgia's noninterference demonstration concludes that
relaxing the Federal RVP requirement from 7.8 psi to 9.0 psi for
gasoline sold between June 1 and September 15 of each year in the
Atlanta fuel volatility Area would not interfere with attainment or
maintenance of any NAAQS or with any other CAA requirement. EPA is
approving this SIP revision because EPA has determined that the
revision is consistent with the CAA.
    Through this action, EPA is not removing the Federal 7.8 psi RVP
requirement for the Atlanta fuel volatility Area. Any such action would
occur in a separate rulemaking.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. This action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 24, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.

    Title 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. Section 52.570(e), is amended by adding an entry for ``Non-
Interference Demonstration and Maintenance Plan Revision for Federal
Low-Reid Vapor Pressure Requirement in the Atlanta Area'' at the end of
the table to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable       State submittal
   Name of non-regulatory SIP        geographic or      date/ effective   EPA approval date       Explanation
            provision              nonattainment area        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Non-Interference Demonstration    Cherokee, Clayton,          8/15/2018  4/23/2019, [Insert
 and Maintenance Plan Revision     Cobb, Coweta,                          Federal Register
 for Federal Low-Reid Vapor        DeKalb, Douglas,                       citation].
 Pressure Requirement in the       Fayette, Forsyth,
 Atlanta Area.                     Fulton, Gwinnett,
                                   Henry, Paulding,
                                   and Rockdale
                                   counties.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-08062 Filed 4-22-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12582-12583]
[FR Doc No: 2012-5023]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9641-6]

Public Water System Supervision Program Revision for the State of
North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the provisions of section 1413 of the Safe
Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public
notice is hereby given that the state of North Dakota has revised its
Public Water System Supervision (PWSS) Program by adopting federal
regulations for the Lead/Copper Rule Short-Term Regulatory Revisions
and Clarifications and the Public Notice Rule that correspond to the
National Primary Drinking Water Regulations (NPDWR) in 40 CFR parts 141
and 142. The EPA has completed its review of these revisions in
accordance with the SDWA and proposes to approve North Dakota's primacy
revisions for the above stated rules. Today's approval action does not
extend to public water systems in Indian country, as defined in 18
U.S.C. 1151. Please see SUPPLEMENTARY INFORMATION, Item B.

DATES: Any member of the public is invited to submit written comments
and/or request a public hearing on this determination by April 2, 2012.
Please see Supplementary Information, Item C, for details. Should no
timely and appropriate request for a hearing be received, and the
Regional Administrator (RA) does not elect to hold a hearing on his own
motion, this determination shall become effective April 2, 2012. If a
public hearing is requested and granted, then this determination shall
not become effective until such time following the hearing as the RA
issues an order affirming or rescinding this action.

ADDRESSES: Written comments and requests for a public hearing should be
addressed to: James B. Martin, Regional Administrator, c/o Michael
Copeland, Drinking Water Unit (8P-W-DW), U.S. EPA, Region 8, 1595
Wynkoop Street, Denver, CO 80202-1129. All documents relating to this
determination are available for inspection at the following locations:
(1) U.S. EPA, Region 8, Drinking Water Unit (7th floor), 1595 Wynkoop
Street, Denver, CO 80202-1129, (2) North Dakota Department of Health,
Drinking Water Program, 918 East Divide Avenue, 3rd Floor, Bismarck,
North Dakota 58501-1947.

FOR FURTHER INFORMATION CONTACT: Michael Copeland, Drinking Water Unit
(8P-W-DW), U.S. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-
1129,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: EPA approved North Dakota's application for
assuming primary enforcement authority for the PWSS Program, pursuant
to section 1413 of the SDWA, 42 U.S.C. 300g-2, and 40 CFR part 142.
North Dakota Department of Health administers North Dakota's PWSS
Program.

A. Why are revisions to state programs necessary?

    States with primary PWSS enforcement authority must comply with the
requirements of 40 CFR part 142 for maintaining primacy. They must
adopt regulations that are at least as stringent as the NPDWRs at 40
CFR parts 141 and 142, as well as adopt all new and revised NPDWRs in
order to retain primacy (40 CFR 142.12(a)).

B. How does today's action affect Indian country (18 U.S.C. 1151) in
North Dakota?

    North Dakota is not authorized to carry out its PWSS Program in
Indian country, as that term is defined at 18 U.S.C. 1151. Indian
country includes, but is not limited to, land within the formal Indian
Reservations located within or abutting the state of North Dakota,
including the Fort Berthold, Spirit Lake, Standing Rock and Turtle
Mountain Indian Reservations, any land held in trust by the United
States for an Indian Tribe, and any other areas which are ``Indian
country'' within the meaning of 18 U.S.C. 1151.

C. Requesting a Hearing

    Any request for a public hearing shall include: (1) The name,
address, and telephone number of the individual, organization, or other
entity requesting a hearing; (2) a brief statement of the requester's
interest in the RA's determination and of information that he/she
intends to submit at such hearing; and (3) the signature of the
requester or responsible official, if made on behalf of an organization
or other entity.
    Notice of any hearing shall be given not less than fifteen (15)
days prior to the time scheduled for the hearing and will be made by
the RA in the Federal

Register and a newspaper of general circulation in the state. A notice
will also be sent to both the person(s) requesting the hearing and the
state. The hearing notice will include a statement of purpose,
information regarding time and location, and the address and telephone
number where interested persons may obtain further information. The RA
will issue a final determination upon review of the hearing record.
    Frivolous or insubstantial requests for a hearing may be denied by
the RA. However, if a substantial request is made within thirty (30)
days after this notice, a public hearing will be held.
    Please bring this notice to the attention of any persons known by
you to have an interest in this determination.

James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-5023 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47738-47739]
[FR Doc No: 2022-16713]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2715-026]

Kaukauna Utilities; Notice of Application Tendered for Filing
With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2715-026.
    c. Date filed: July 22, 2022.
    d. Applicant: Kaukauna Utilities.
    e. Name of Project: Combined Locks Hydroelectric Project (Combined
Locks Project).
    f. Location: On the Lower Fox River in the Village of Combined
Locks and the Village of Little Chute, Outagamie County, Wisconsin. The
project does not include any federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Zachary Moureau, Environmental & Compliance
Manager, Kaukauna Utilities, 777 Island Street, Kaukauna, WI 54130-
7077;<PHONE_NUMBER>; wi.org">[email protected]wi.org.
    i. FERC Contact: Patrick Ely at [email protected] or (202) 502-
8570.
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: September 20, 2022.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at [email protected],<PHONE_NUMBER> (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, you may submit a paper
copy. Submissions sent via the U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent
via any other carrier must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852. The first page of any filing should include
docket number P-2715-026.
    m. The application is not ready for environmental analysis at this
time.
    n. The Combined Locks Project consists of: (1) a concrete and
cyclopean stone dam approximately 654 feet long and 27 feet high with
additional 24 inch nominal flashboards mounted upon the

spillway crest at elevation 674.6 feet International Great Lakes Datum
of 1985 (IGLD85); (2) a 126.9-acre reservoir at normal full pool
elevation 676.7 feet IGLD85; (3) a powerhouse approximately 65 feet
wide by 130 feet long housing two 3.1-megawatt (MW) generators, for a
total authorized capacity of 6.2 MW; (4) a tailrace channel; (5) a 265-
foot-long, 4.16-kilovolt (kV) interconnection line from the powerhouse
to transformer and 1,442-foot-long, 12.47-kV interconnection line from
the transformer to the substation; and (6) appurtenant facilities.
    o. A copy of the application may be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC Online Support.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary)--September 2022
Request Additional Information (if necessary)--September 2022
Issue Scoping Document 1 for comments--March 2023
Issue Scoping Document 2 (if necessary)--July 2023
Issue Notice of Ready for Environmental Analysis--July 2023

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: July 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16713 Filed 8-3-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72827-72829]
[FR Doc No: 2021-27636]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0792; Project Identifier AD-2020-00593-G;
Amendment 39-21840; AD 2021-24-19]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
DG Flugzeugbau GmbH Model DG-500MB and DG-1000M gliders with a Solo
Kleinmotoren GmbH Solo Model 2625 02i engine installed. This AD was
prompted by mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as an error in the engine control unit (ECU)
software. This AD requires updating the ECU software. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 27, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 27,
2022.

ADDRESSES: For service information identified in this final rule,
contact Solo Kleinmotoren GmbH, Postfach 600152, D71050 Sindelfingen,
Germany; phone: +49 703 1301-0; fax: +49 703 1301-136; email:
germany.com">[email protected]germany.com; website: https://aircraft.solo.global/gb/.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0792.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0792; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all DG Flugzeugbau GmbH
Model DG-500MB and DG-1000M gliders with a Solo Kleinmotoren GmbH Solo
Model 2625 02i engine installed. The NPRM published in the Federal
Register on September 17, 2021 (86 FR 51838). The NPRM was prompted by
MCAI originated by the European Union Aviation Safety Agency (EASA),
which is the Technical Agent for the Member States of the European
Union. EASA issued EASA AD 2020-0056, dated March 13, 2020 (referred to
after this as ``the MCAI''), to address an unsafe condition on Solo
Kleinmotoren GmbH Solo Model 2625 02 engines, variation 02i with
electronic fuel injection, installed on but not limited to Binder
Motorenbau, DG-Flugzeugbau, and Schempp-Hirth powered sailplanes
(gliders). The MCAI states:

    An error was found in the ECU affected SW [software] that can
cause brief injection of fuel into one cylinder when the ECU is
activated.
    This condition, if not corrected, could increase the time needed
to (re)start the engine in flight, possibly resulting in reduced
control of the powered sailplane.
    To address this potential unsafe condition, SOLO Kleinmotoren
GmbH, together with the ECU manufactuerer [sic], developed an ECU SW
update and issued the SB [service bulletin] accordingly, providing
installation instructions.
    For the reason described above, this [EASA] AD requires an
update of the ECU software.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0792.
    The Model 2625 02i engine does not have an FAA type certificate.
For Model DG-1000M gliders, this engine is part of the glider type
certification. For Model DG-500MB gliders, this engine may be installed
as a Model 2525 02 engine modified with a fuel injection system and re-
identified as a Model 2625 02i engine.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. This AD is adopted as proposed in the
NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Solo Kleinmotoren GmbH Service Bulletin No. 4600-
11, Ausgabe 1 (English translation: Issue 1), dated August 19, 2019.
This service information specifies procedures for updating the ECU
software to a version that fixes a software error found in previous ECU
software versions. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 4 gliders of U.S. registry.
The FAA estimates that it would take about 2 work-hours per glider to
comply with the requirements of this AD. The average labor rate is $85
per work-hour. Based on these figures, the FAA estimates the cost of
this AD on U.S. operators to be $680 or $170 per glider.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. For the reasons discussed above, I certify that
this AD. For the reasons discussed above, I certify this AD.
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska,
and[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-24-19 DG Flugzeugbau GmbH: Amendment 39-21840; Docket No. FAA-
2021-0792; Project Identifier AD-2020-00593-G.

(a) Effective Date

    This airworthiness directive (AD) is effective January 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Model DG-500MB and DG-
1000M gliders, all serial numbers, certificated in any category,
with a Solo Kleinmotoren GmbH Solo Model 2625 02i engine installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7300, Engine Fuel
and Control.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as an error in the
engine control unit (ECU) software. The FAA is issuing this AD to
prevent an injection of fuel into one cylinder when the ECU is
activated. The unsafe condition, if not addressed, could result in
difficulty starting the engine and reduced control of the glider.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) Within 3 months after the effective date of this AD, update
the ECU software to software version V517 Revision 8 in accordance
with the Actions in Solo Kleinmotoren GmbH Service Bulletin No.
4600-11, Ausgabe 1 (English translation: Issue 1), dated August 19,
2019.
    (2) As of the effective date of this AD, do not install ECU
software version V517 Revision 7 or earlier on any glider with a
Solo Kleinmotoren GmbH Solo Model 2625 02i engine.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (i)(1) of this AD or
email: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Jim Rutherford,
Aviation Safety

Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2020-0056, dated March 13, 2020, for more information. You may
examine the EASA AD in the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0792.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Solo Kleinmotoren GmbH Service Bulletin No. 4600-11, Ausgabe
1 (English translation: Issue 1), dated August 19, 2019.
    Note 1 to paragraph (j)(2)(i): This service information contains
German to English translation. EASA used the English translation in
referencing the document from Stemme AG. For enforceability
purposes, the FAA will cite the service information in English as it
appears on the document.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact Solo
Kleinmotoren GmbH, Postfach 600152, D71050 Sindelfingen, Germany;
phone: +49 703 1301-0; fax: +49 703 1301-136; email: germany.com">[email protected]germany.com; website: https://aircraft.solo.global/gb/.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27636 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-13-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]


[Federal Register: April 7, 2010 (Volume 75, Number 66)]
[Notices]
[Page 17816-17818]
[DOCID:fr07ap10-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61810; File No. SR-NYSE-2010-26]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending NYSE Rule 1 To Provide for the Designation of Qualified
Employees and NYSE Rule 51 To Clarify the Scope of Authority Vested in
the Chief Executive Officer

March 31, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 25, 2010, New York Stock Exchange LLC (``NYSE'' 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 amend NYSE Rule 1 (``The Exchange'') to
provide that the Exchange may formally designate one or more qualified
employees to act in place of any person named in a rule as having
authority to act under such rule if the named person is not available
to administer the rule; and (2) amend NYSE Rule 51 (``Hours of
Business'') to clarify the scope of authority vested in the Chief
Executive Officer (``CEO'') and to make several non-substantive
stylistic changes to the rule text. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, http://www.sec.gov, and http://www.nyse.com.

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
    NYSE proposes to amend NYSE Rule 1 to provide that the Exchange may
formally designate one or more qualified employees to act in place of
any person named in a rule as having authority to act under such rule
in the event that the named person is not available. The Exchange
believes that providing for such delegations will enable administration
of NYSE rules in a more efficient manner in the event the specified
individual is unavailable. Separately, the Exchange proposes to amend
NYSE Rule 51 to clarify the scope of authority vested in the Chief
Executive Officer (``CEO'') to take certain actions when he deems such
actions necessary or appropriate for the maintenance of a fair and
orderly market, the protection of investors or otherwise in the public
interest, due to extraordinary circumstances.
    The Exchange notes that parallel changes are proposed to be made to
the rules of NYSE Amex LLC (formerly the American Stock Exchange).\4\
---------------------------------------------------------------------------

    \4\ See SR-NYSEAmex-2009-29 [sic].
---------------------------------------------------------------------------

NYSE Rule 1
    NYSE Rule 1 provides that ``the Exchange'' is defined as the New
York Stock Exchange LLC or the officer, employee, person, entity or
committee to whom appropriate authority to administer such rule has
been delegated by the Exchange when used with reference to the
administration of any rule.
    Additionally, NYSE Rule 1 provides that all references to the
``Board,'' ``Board of Directors,'' ``Chairman,'' ``Chairman of the
Board,'' ``Chief Executive Officer'' and ``CEO'' refer to those persons
and entities of the Exchange.

    Through this filing, the Exchange proposes to amend NYSE Rule 1 to
include a provision that the CEO or the Chief Regulatory Officer
(``CRO'') of the Exchange may formally designate one or more qualified
employees of NYSE Euronext to act in place of any person named in a
rule as having authority to act under such rule in the event that the
named person is not available to administer the rule. For purposes of
designation by a CEO, a qualified employee is defined as: (1) Any
officer of NYSE Euronext; or (2) any employee of the Exchange that the
Board of Directors deems to possess the requisite knowledge and job
qualifications to administer that rule.\5\
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    \5\ Rule 46.10 provides that for purposes of Rule 46 only, the
term ``qualified NYSE Euronext employee'' shall mean ``employees of
NYSE Euronext, Inc. or any of its subsidiaries, excluding employees
of NYSE Regulation, Inc., who shall have satisfied any applicable
testing or qualification required by the NYSE for all Floor
Governors.'' That definition shall not be applied to any other NYSE
Rule and is separate and distinct from the Rule 1 definition
discussed herein.
---------------------------------------------------------------------------

    Additionally, in certain instances, the Exchange's CRO is one of
the named persons identified to administer particular NYSE rules. In
these situations, a qualified employee of NYSE Regulation, Inc.
(``NYSER'') may serve as the CRO's designee if the CRO and the Board of
Directors of NYSER deem such employee to have the requisite knowledge
and job qualifications to administer the rule in place of the CRO. All
qualified employees of NYSE Euronext shall be subject to the
jurisdictions set forth in Section 7.1 of NYSE Euronext's Amended and
Restated Bylaws.\6\
---------------------------------------------------------------------------

    \6\ Article VII, Section 7.1 of the Amended and Restated Bylaws
of NYSE Euronext states the following:
    Submission to Jurisdiction of U.S. Courts and the SEC. The
Corporation, its directors and officers, and those of its employees
whose principal place of business and residence is outside of the
United States shall be deemed to irrevocably submit to the
jurisdiction of the U.S. federal courts and the SEC for the purposes
of any suit, action or proceeding pursuant to the U.S. federal
securities laws and the rules and regulations thereunder, commenced
or initiated by the SEC arising out of, or relating to, the
activities of the U.S. Regulated Subsidiaries (and shall be deemed
to agree that the Corporation may serve as the U.S. agent for
purposes of service of process in such suit, action or proceeding),
and the Corporation and each such director, officer or employee, in
the case of any such director, officer or employee by virtue of his
acceptance of any such position, shall be deemed to waive, and agree
not to assert by way of motion, as a defense or otherwise in any
such suit, action or proceeding, any claims that it or they are not
personally subject to the jurisdiction of the SEC, that such suit,
action or proceeding is an inconvenient forum or that the venue of
such suit, action or proceeding is improper, or that the subject
matter thereof may not be enforced in or by such courts or agency.
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    The Exchange believes that it is important that its rules provide
for appropriate delegations of authority to ensure business continuity
and that all rules can be properly administered even if the specified
official is unavailable. The proposed provision applicable to all NYSE
rules will enable consistent delegation standards and eliminate any
potential for confusion that could result because some rules currently
provide for delegation while others do not.
    The Exchange has implemented policies and procedures to formally
identify the officers and employee [sic] who have been delegated
authority to administer a particular rule on behalf of any named person
identified in that rule. The Exchange considers the delegation of
authority to be a corporate function; accordingly, such formal
delegation is subject to approval by the CEO, CRO and Boards of
Directors of the Exchange or NYSER, as applicable, as well as
compliance with all applicable Bylaws of the Exchange. These
delegations of authority are centrally maintained and periodically
updated by the Office of General Counsel to remain current with final
approval by the CEO of the Exchange or NYSER as applicable.
NYSE Rule 51
    NYSE Rule 51 vests the CEO with the powers to suspend or halt
trading in any security traded on the Exchange, as well as to close
some or all Exchange facilities, if he deems such action to be
necessary or appropriate for the maintenance of a fair and orderly
market, or the protection of investors, or otherwise in the public
interest, due to extraordinary circumstances. ``Extraordinary
circumstances'' are defined in NYSE Rule 51 as ``(1) actual or
threatened physical danger, severe climatic conditions, civil unrest,
terrorism, acts of war, or loss or interruption of facilities utilized
by the Exchange, (2) a request by a governmental agency or official, or
(3) a period of mourning or recognition for a person or event.''
    The Exchange proposes to amend NYSE Rule 51 to clarify that the CEO
has the authority to extend the hours for the transaction of business
on the Exchange and to set a delayed closing time if the CEO deems such
action to be necessary or appropriate for the maintenance of a fair and
orderly market, or the protection of investors, or otherwise in the
public interest, due to extraordinary circumstances. The Exchange has
interpreted the CEO's authority to halt securities and determine the
length of such halt to include extending the regular closing, in order
to ensure that closing trades in securities traded on the Exchange are
conducted in a manner consistent with a fair and order market and the
protection of investors and the public interest.\7\ However, in order
to provide appropriate transparency to market participants, the
Exchange proposes to clarify and codify the CEO's authority in this
regard.
---------------------------------------------------------------------------

    \7\ NYSER has previously announced this policy in several
Information Memos that were issued in connection with the Russell
Reconstitution in June 2008 and June 2009. Those memos described
(among other things) the Exchange's various contingency scenarios
and procedures, including extending the closing time in the event
that a systems malfunction occurs at or near the regular 4:00 p.m.
closing time. See NYSE Rule 51; See also IM 08-30 and IM 09-27. The
Exchange has also periodically issued memoranda from its Floor
Operations staff, advising of the same contingency scenarios and
procedures.
---------------------------------------------------------------------------

    The Exchange also proposes to make several non-substantive changes
to the rule text by amending the rule text in Rule 51(a) to conform
with proposed Rule 51(b)(ii) and by abbreviating references to ``Chief
Executive Officer'' with ``CEO.''
2. Statutory Basis
    The basis under the Act for the proposed rule change is the
requirement under Section 6(b)(5),\8\ which requires that an exchange
have rules that are designed to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The proposed rule change is
consistent with these objectives in that these amendments establish the
appropriate Exchange protocols and procedures to administer Exchange
rules designed to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 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 will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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 \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2010-26. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSE-2010-26 and should be
submitted on or before April 28, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7838 Filed 4-6-10; 8:45 am]
BILLING CODE 8011-01-P