[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4250-4253]
[FR Doc No: 2011-1414]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 179

Operating Certain Railroad Tank Cars in Excess of 263,000 Pounds
Gross Rail Load; Approval

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice regarding FRA approval for operating certain railroad
tank cars in excess of 263,000 pounds gross rail load.

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SUMMARY: On May 14, 2010, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a final rule amending the Hazardous
Materials Regulations (HMR) to incorporate provisions contained in
several widely used or longstanding special permits that have an
established safety record. 75 FR 27205 (Final Rule). The Final Rule
titled, Hazardous Materials: Incorporation of Special Permits into
Regulations, in part, amended the HMR to allow certain rail tank cars,
transporting hazardous materials, to exceed the gross weight on rail
limitation of 263,000 pounds upon approval of the Federal Railroad
Administration (FRA). This document provides notice of FRA's approval
pursuant to the Final Rule of the operation of certain tank cars in
hazardous materials service that exceed 263,000 pounds and weigh up to
286,000 pounds gross rail load (GRL).

FOR FURTHER INFORMATION CONTACT: Mr. Karl Alexy<EMAIL_ADDRESS>or
(202) 493-6245) or Mr. William Schoonover<EMAIL_ADDRESS>or<PHONE_NUMBER>), Office of Railroad Safety Assurance and Compliance.

SUPPLEMENTARY INFORMATION: Prior to the Final Rule, Title 49 Code of
Federal Regulations Section 179.13 of the HMR limited rail tank cars
transporting hazardous materials to a maximum capacity of 34,500
gallons (130,597 L) and, with certain exceptions, a GRL of 263,000
pounds (119,295 kg).
    As noted in the preamble to the Final Rule, PHMSA has granted
several special permits allowing tank cars subject to the 263,000 pound
GRL limit of Sec.  179.13 to weigh up to 286,000 pounds (129,727 kg)
GRL subject to certain conditions. The Final Rule amended Sec.  179.13
to allow, upon approval by FRA's Associate Administrator for Railroad
Safety, rail tank cars that are not transporting materials poisonous by
inhalation (PIH) materials to exceed the 263,000 GRL

limit and weigh up to 286,000 pounds GRL without a special permit.
Revised Sec.  179.13(a) further provides that FRA may impose conditions
on these approvals and the tank cars ``must be operated only under
controlled interchange conditions agreed to by participating
railroads.'' In adopting this amendment, PHMSA noted that FRA has
already established safety-based guidelines for applications for
authority to transport rail tank cars that exceed 263,000 pounds and
rationalized that providing for FRA approval of these tank cars will
simplify and expedite the regulatory process while at the same time
maintain safety.
    This document provides notice of FRA's approval pursuant to revised
Sec.  179.13(a) for the use in hazardous materials transportation of
certain tank cars which exceed 263,000 pounds GRL and that may be
loaded up to 286,000 pounds GRL, provided the cars are not loaded with
PIH materials. Specifically, this document provides notice of FRA's
approval pursuant to Sec.  179.13(a) of (1) existing tank cars that are
approved to operate in accordance with a PHMSA special permit allowing
a GRL over 263,000 pounds; (2) cars that have been built, rebuilt, or
otherwise modified for operation with a maximum GRL above 263,000
pounds, but not currently approved to operate in accordance with a
special permit allowing the increased GRL; and (3) newly manufactured
tank cars designed to operate with a GRL above 263,000 pounds.
    Subject to the conditions specified below, railroad tank cars
meeting the requirements in Sections II, III and IV, below, are
approved, pursuant to Sec.  179.13(a), to be loaded to a GRL of up to
286,000 pounds. No additional approval is required.

I. Background

    Since 1995, the Association of American Railroads (AAR) has
maintained an industry standard in the form of an interchange rule
related to freight cars (including hazardous materials tank cars) that
weigh over 263,000 pounds GRL and up to 286,000 pounds GRL. That
standard, AAR Standard S-259 (S-259)--Rail Car, 286,000-Lb Gross
Weight, became effective January 1, 1995. In accordance with S-259, the
design of a freight car's body must be based on a GRL of 286,000 pounds
and the standard weight-related design loads for 100-ton cars used for
fatigue-design criteria must be multiplied by 1.09, with the exception
of longitudinal fatigue-design loads. S-259 also established minimum
equipment requirements for brakes, bearings, axles, wheels, draft
systems, springs and trucks. S-259, however, does not allow for the
free interchange among carriers of cars meeting its requirements. In
2002, AAR adopted a revised industry standard related to railroad
freight cars weighing over 263,000 pounds \1\ GRL and weighing up to
286,000 pounds. This revised industry standard, AAR Standard S-286
(adopted 2002, revised 2003, 2005, 2006), Free/Unrestricted Interchange
for 286,000 Lb Gross Rail Load Cars (S-286), is applicable to rail
freight cars manufactured, rebuilt or modified on or after January 1,
2003, and is the existing industry standard for designing, building,
and operating rail cars at gross weights over 263,000 pounds and up to
286,000 pounds. S-286 sets forth industry-tested practices for
designing, building, and operating rail cars at gross weights over
263,000 pounds and up to 286,000 pounds. S-286 provides for the free
interchange among carriers of cars built to meet its requirements.
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    \1\ This AAR standard actually references tank cars with a ``GRL
greater than 268,000 lbs,'' but FRA understands that the reference
to ``268,000 lbs'' is a typographical error and the intent of the
standard is to address tank cars with a GRL greater than 263,000
lbs.
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    As noted in the preamble to the Final Rule, FRA's guidelines,
applicable to rail tank cars exceeding 263,000 pounds GRL, are found in
a document titled, ``Maximizing Safety and Weight, A White Paper on
263K+ Tank Cars.'' This document is available for review on FRA's Web
site at http://www.fra.dot.gov/Pages/1800.shtml. In sum, FRA's
guidelines address the following topics: (1) Puncture resistance, (2)
controlling longitudinal loading, (3) structural-worthiness, (4) track-
worthiness, (5) service equipment, (6) service reliability and
maintenance management, and (7) maximizing safety and weight.
    Although FRA's guidelines address more aspects of tank car design
than either of the AAR standards (including the puncture resistance of
tank car tanks and the reliability of service equipment on the cars),
existing tank cars built to meet the AAR standards have an excellent
safety record. To date, special permits issued by PHMSA, related to
GRL, in excess of 263,000 pounds GRL have required that the tank cars
conform to either S-286 or S-259. In granting these special permits,
PHMSA, with FRA's input, determined that in each instance, operating
the tank cars with increased GRLs under the terms of the special permit
would provide at least an equivalent level of safety as tank cars built
to the minimum requirements of the HMR, but limited to a GRL of 263,000
pounds. In fact, in evaluating several special permits related to
increased GRLs, PHMSA and FRA found that the commodities shipped in the
tank cars were overpackaged.\2\ Similarly, the agencies found that the
specifications of the tank cars covered by other special permits
indicate that the tanks were constructed of materials with mechanical
properties superior to the minimum requirements of the HMR.
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    \2\ ``Overpackaged'' means the specification of the tank car was
above the minimum requirements of the HMR. For example, a commodity
that is allowed to be transported in a general purpose tank car is
transported in a pressure car with a thicker tank shell.
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    In the preamble to the Final Rule, PHMSA identified the following
special permits as those that would be affected by the rule's revisions
to Sec.  179.13 and thus subject to FRA approval as far as the GRL
limitations: DOT-SP 11241, 11654, 11803, 12423, 12561, 12613, 12768,
12858, 12903, 13856, 13936, 14004, 14038, 14442, 14505, 14520, 14570,
and 14619. In addition, FRA notes that there are five other special
permits related to tank cars with a GRL in excess of 263,000 pounds.
These include DOT-SP 14167, 14173, 14207, 14398, and 14734.
    Of the 23 special permits listed above, seven authorize the
transportation of PIH materials in tank cars exceeding 263,000 pounds.
These include special permits 12858 (ethylene oxide), 13856 (Division
6.1 HMs), 14442 (anhydrous ammonia), 14520 (chlorine), 14167
(chlorine), 14173 (ethylene oxide), and 14570 (titanium tetrachloride).
Because the Final Rule revised Sec.  179.13(a) to provide FRA approval
authority for tank cars ``other than'' those that contain PIH
materials, as the regulation is currently written, FRA cannot provide
approval to continue these cars in PIH materials transportation without
the existing special permits. However, as demonstrated by the
discussion in the preamble of the Final Rule identifying the special
permits that would be affected by the revisions to Sec.  179.13, FRA
believes that the inconsistency in the revised regulatory text is the
result of a technical drafting error. Accordingly, FRA is working with
PHMSA to develop and publish a correction to the Final Rule that would
provide FRA authority to approve the loading of tank cars up to 286,000
pounds GRL when transporting any regulated hazardous material,
including PIH materials.
    All but three of the 16 special permits identified above that do
not involve the transportation of PIH materials authorize the
manufacturing, sale, and/or use of particular DOT-specification tank
cars with a GRL of 286,000 pounds

for the transportation of particular hazardous materials identified in
the permits. Special permits 11654 and 14619 authorize the
transportation of certain Class 3 hazardous materials in DOT 105S tank
cars with a maximum GRL of up to 270,000 pounds, while special permit
14207 authorizes the transportation of sodium hydroxide solution, a
Class 8 hazardous material, in certain identified DOT 111A100W tank
cars with a maximum GRL of up to 268,000 pounds.
    The regulations from which grantees have been exempted in these
special permits related to GRL include: Sec.  173.26 (quantity
limitations); and the GRL limit of 263,000 pounds in Sec.  179.13. In
five of these special permits (11241, 11654, 11803, 12613, and 14619),
the grantees have been exempted from regulations not related to the GRL
of the car, and these special permits must be maintained relative to
these additional exemptions (i.e., special permits must be maintained
for relief from regulations other than from Sec. Sec.  173.26 and
179.13).
    Although FRA believes that tank cars, which have already been
demonstrated to provide an equivalent level of safety to those
specified by the HMR and existing tank cars built or retrofitted to
similar standards, should be allowed to continue in HM transportation
service, with the promulgation of a final rule designed to improve the
crashworthiness and structural integrity of tank cars that transport
highly hazardous materials such as PIH materials (HM-246; 74 FR 1770
(Jan. 13, 2009) (the ``Tank Car Rule'')), FRA notes that there is a
widening performance gap in crashworthiness between the most robust
tank cars designed to transport certain hazardous materials and general
purpose tank cars designed to transport other hazardous materials.
Accordingly, subject to certain conditions, FRA is providing its
approval under Sec.  179.13(a) to continue in service certain existing
tank cars at GRLs in excess of 263,000 pounds and up to 286,000 pounds.
At the same time, FRA is providing its approval for certain newly
manufactured railroad tank cars to be loaded at an increased GRL of up
to 286,000 pounds, provided certain additional conditions are met
(e.g., conditions related to the puncture resistance and reliability of
the service equipment on the cars). Approval of newly constructed
railroad tank cars meeting these additional requirements will, over
time, narrow the performance gap between the most robust tank cars in
hazardous materials service and other tank cars in hazardous materials
service while research continues to develop and implement a
crashworthiness performance standard as discussed in the Tank Car Rule.
See 74 FR at 1771.

II. FRA Approval of Existing Railroad Tank Cars Approved To Operate in
Accordance With a PHMSA Special Permit Providing for a GRL Over 263,000
Pounds

    Pursuant to Sec.  179.13(a), the terms of existing special permits
11241, 11654, 11803, 12423, 12561, 12613, 12768, 12903, 13856, 13936,
14004, 14038, 14207, 14398, 14505, and 14734, related to railroad tank
cars transporting hazardous materials other than PIH materials and
currently approved to operate in accordance with a special permit
providing for a GRL in excess of 263,000 pounds, are approved, subject
to the following conditions:
    1. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-259 shall be operated only in controlled
interchange in accordance with that standard.
    2. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-286 shall be permitted to operate in unrestricted
interchange in accordance with that standard.
    3. Tank car owners are responsible for determining which standard
their tank cars meet. Tank car owners shall maintain records
demonstrating compliance with that standard and make those records
available to FRA upon request. Tank car owners shall also ensure that
cars subject to this approval are appropriately marked in accordance
with the HMR (i.e., marked with the relevant tare weight) and that the
records of the cars in AAR's Universal Machine Language Equipment
Register (UMLER) clearly indicate the standard applicable to each car.
    4. In accordance with S-286, if a tank car constructed in
accordance with S-259 is rebuilt or otherwise modified to meet the
requirements of S-286, that car shall be permitted to operate in
unrestricted interchange. Tank car owners shall maintain records of the
engineering analysis and upgrades performed that demonstrate compliance
with S-286, and the tank car owner must file an R-1 with the AAR prior
to the tank car being operated in unrestricted interchange. (See
Appendix R of AAR's Manual of Standards and Recommended Practices,
Section C-III, Specifications for Tank Cars (Specification M-1002)).
    5. The GRL limit for tank cars subject to special permits 11654 and
14619 shall remain 270,000 pounds, and the GRL limit for tank cars
subject to special permit 14207 shall remain 268,000 pounds; unless the
cars are modified and a subsequent request for approval is made to FRA.
    The ``terms'' of the special permits referred to in this approval
are the ``packaging'' safety control measures specified in paragraph 7
of each special permit. For example, special permit 11241 authorizes
the operation of DOT-specification 105J300W tank cars that meet certain
technical specifications outlined in paragraph 7 of the permit and have
a maximum GRL of up to 286,000 pounds. Consistent with the terms of
that special permit, FRA's approval, per Sec.  179.13(a), is limited to
the identified DOT-specification cars meeting the technical
specifications outlined in the permit. FRA's approval, however, is not
limited to the specific commodities identified in the permit; instead,
FRA's approval extends to the use of the identified tank cars with a
GRL of up to 286,000 pounds for the transportation of any regulated
hazardous material that would otherwise be permitted to be transported
in that type of specification car. Copies of the relevant special
permits will be maintained by the Hazardous Materials Division of FRA's
Office of Safety Assurance and Compliance. Copies of the special
permits may be obtained by contacting the individuals listed in the
``For Further Information Contact'' section above.
    Each of the special permits listed above require the special permit
(or SP) number be stenciled on the sides of tank cars operating under
its terms. For tank cars operating under a special permit related only
to GRL and subject to this approval, that stencil must be removed or
obliterated at the car's first shopping event after the date of this
approval, or no later than January 25, 2012, whichever occurs first.

III. FRA Approval of Existing Railroad Tank Cars Built to S-286 or
Rebuilt, or Otherwise Modified for Operation With a Maximum GRL Above
263,000 Pounds, but Not Currently Authorized To Operate at a GRL Above
263,000 Pounds

    Existing tank cars built, rebuilt, or otherwise modified to meet
the requirements of either S-259 or S-286 may be loaded to a GRL of up
to 286,000 pounds subject to the following conditions:
    1. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-259 shall be operated only in controlled
interchange in accordance with that standard.
    2. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-286 shall be permitted to operate in unrestricted

interchange in accordance with that standard.
    3. Tank cars shall meet the following design specifications or be
retrofitted as follows:
    a. Jacketed and non-jacketed tank cars constructed with ASTM 516-70
steel and having only the minimum plate thickness required by
Sec. Sec.  179.101-1 and 179.201-1 (no additional thickness allowance)
must be retrofitted with a 7-gauge steel jacket (constructed of A-572
steel).
    b. Jacketed and non-jacketed tank cars constructed with ASTM B209
(Alloy 5052 and 5652) aluminum and having only the minimum plate
thickness required by Sec. Sec.  179.101-1 and 179.201-1 (no additional
thickness allowance) must be retrofitted with a 7-gauge steel jacket
(constructed of A-572 steel).
    c. Jacketed and non-jacketed 111A100W tank cars constructed with
TC-128 steel or an aluminum alloy, listed in Sec.  179.200-7 (other
than Alloy 5052 or 5652 listed in b above) and having at least the
minimum plate thickness required by Sec. Sec.  179.101-1 and 179.201-1,
do not require retrofitting.
    4. Tank car owners are responsible for determining which standard
their tank cars meet and whether their cars meet the requirements of
Condition 3 above. Tank car owners shall maintain records demonstrating
compliance with the relevant AAR standard and the requirements of
Condition 3. Tank car owners shall make those records available to FRA
upon request. Tank car owners shall also ensure that cars subject to
this approval are appropriately marked in accordance with the HMR
(i.e., marked with the relevant tare weight) and that the records of
the cars in AAR's UMLER clearly indicate the standard applicable to
each car.
    5. In accordance with S-286, if a tank car constructed in
accordance with S-259 is rebuilt or otherwise modified to meet the
requirements of S-286, that car shall be permitted to operate in
unrestricted interchange. Tank car owners shall maintain records of the
engineering analysis and upgrades performed that demonstrate compliance
with S-286 and the tank car owner must file an R-1 with the AAR prior
to the tank car being operated in unrestricted interchange. (See
Appendix R of AAR's Manual of Standards and Recommended Practices,
Section C-III, Specifications for Tank Cars (Specification M-1002)).

IV. FRA Approval of Maximum GRL of 286,000 Pounds for Newly
Manufactured Railroad Tank Cars

    Tank cars manufactured after January 25, 2011 may be loaded to a
maximum GRL of 286,000 pounds provided the tank cars meet the following
criteria:
    1. Tank cars must be constructed in accordance with S-286.
    2. Puncture resistance:
    a. Tank car tanks must be constructed of TC-128 steel (normalized).
    b. A jacketed tank car must be equipped with an 11-gauge jacket
constructed of A-572 steel and the shell and head of the tank must meet
the minimum plate thickness required by Sec. Sec.  179.101-1 and
179.201-1. Alternate thicknesses, based on material properties
indicated in the notes of Sec.  179.101-1, are not approved.
    c. For a non-jacketed tank car, the shell and head of the tank must
meet the minimum plate thickness of that required by Sec. Sec.
179.101-1 and 179.201-1. Alternate thicknesses, based on material
properties indicated in the notes of Sec.  179.101-1, are not approved.
    3. Service Equipment:
    a. Top fittings protection must meet the requirements of Sec.  10.2
of Appendix E to Specification M-1002 for general purpose tank cars.
    b. A tank car must be equipped with a reclosing pressure relief
device.
    The minimum plate thicknesses specified in paragraph 2 above were
determined in the following manner. Using finite elements analysis of
side impact simulations, a relationship between the puncture velocity
and shell thickness was derived. Factors affecting puncture velocity
were incorporated into the analysis, including gross weight, ultimate
tensile strength of the shell material, tank and jacket thickness, tank
diameter, and internal pressure and indenter size (which for this
comparative analysis was assumed to be 12'' x 12''). The puncture
velocities of representative baseline tank cars were calculated. The
baseline tank cars were grouped according to the specified thickness
requirements of the HMR. Additionally, the diameter of each grouping
was based on a survey of tank car specifications. The specification
grouping, respective diameters, thicknesses, materials of construction,
and working pressures were as follows:

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                                                                                Working
       Tank car specification         Minimum plate thickness         Material of         Diameter     pressure
                                                (in)                 construction           (in)        (psig)
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111A100W1..........................  7/16                       A516-70                          94           50
105A200W...........................  9/16                       A516-70                         100          100
105A300W...........................  11/16                      A516-70                         117          100
112A340W...........................  11/16                      A516-70                         117          100
111A60ALW1.........................  1/2                        ASTM B209                         9           50
                                                                (Alloy 5052)
111A100ALW1........................  5/8                        ASTM B209                        94           50
                                                                (Alloy 5052)
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    Through an iterative process, the thickness of a tank car with
similar characteristics, with the exception of a GRL of 286,000 pounds,
was increased until the puncture velocity was the same as that for the
263,000 GRL tank car. In a similar manner, the equivalent single-layer
thickness was determined for tank cars not equipped with a jacket. The
same analysis was not performed on the head because Sec.  2.5 of AAR's
Specification M-1002, requires the tank cars to be equipped with
[frac12]'' thick head shields.
    Failure of a tank car owner to comply with any condition of the
above approvals will deprive the owner of the benefit of the approval
and, in any such instances, FRA reserves the right to take appropriate
enforcement action, which may result in FRA revoking such approval. If
a party desires to manufacture or use a tank car not meeting the above
criteria, FRA will consider such alternative designs upon application
in accordance with Sec.  179.13.

    Issued in Washington, DC on January 19, 2011.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2011-1414 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: November 20, 2007 (Volume 72, Number 223)]
[Proposed Rules]
[Page 65282-65283]
[DOCID:fr20no07-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 752

[EPA-HQ-OAR-2006-0605; FRL-8497-7]
RIN 2060-AO24

Prevention of Significant Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)--Increments,
Significant Impact Levels (SILs) and Significant Monitoring
Concentration (SMC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of comment period.

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SUMMARY: The EPA is announcing an extension of the public comment
period on our proposed amendments for the Prevention of Significant
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC) (September 21, 2007). The
EPA is extending the comment period that originally ends on November
20, 2007. The extended comment period will close on January 21, 2008.
The EPA is extending the comment period because of the timely requests
we received to do so.

DATES: Comments. The comment period for the proposed rule published at
72 FR 54112, September 21, 2007, is extended. Comments must be received
on or before January 21, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0605, by one of the following methods:
     http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2006-0605, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, NW., Mailcode: 6102T, Washington, DC 20460. Please
include a total of 2 copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, NW., Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2006-0605.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0605. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties

and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional instructions on submitting comments, go to the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental

Protection Agency, Air Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Raj Rao, Air Quality Policy Division
(C504-03), U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone<PHONE_NUMBER>, fax number<PHONE_NUMBER>; or
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park,
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2006-0605.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

B. Where Can I Get a Copy of This Document and Other Related
Information?

    In addition to being available in the docket, an electronic copy of
this proposal will also be available on the World Wide Web (WWW).
Following signature by the EPA Administrator, a copy of this notice
will be posted in the regulations and standards section of our NSR home
page located at http://www.epa.gov/nsr.

    Dated: November 14, 2007.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
 [FR Doc. E7-22666 Filed 11-19-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14421-14424]
[FR Doc No: 2015-06262]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74496; File No. SR-MIAX-2015-03]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Order Granting Approval to Proposed Rule Change, as
Modified by Amendment No. 1 Thereto, To Adopt a ``Risk Protection
Monitor'' Functionality Under Proposed MIAX Rule 519A and Amend the
``Aggregate Risk Monitor'' Functionality Under MIAX Rule 612

March 13, 2015.

I. Introduction

    On January 8, 2015, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to section 19(b)(1) of the
Securities Exchange Act

of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to establish a voluntary Risk Protection Monitor functionality
for orders (the ``RPM'') and codify existing functionality regarding
the Exchange's Aggregate Risk Manager for quotes (the ``ARM''). On
January 20, 2105, the Exchange filed Amendment No.1 to the proposal.\3\
The proposed rule change, as modified by Amendment No. 1, was published
for comment in the Federal Register on January 28, 2015.\4\ The
Commission did not receive any comments on the proposed rule change.
This order approves the proposed rule change, as modified by Amendment
No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange proposed changes to the
Form 19b-4, Exhibit 1, and Exhibit 5 to clarify that once triggered,
the Risk Protection Monitor described therein will apply to orders
in all series in all classes of options from the Exchange Member.
    \4\ See Securities Exchange Act Release No. 74118 (January 22,
2015), 80 FR 4605 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes new MIAX Rule 519A to establish a voluntary
RPM that will be available to all MIAX members. The Exchange also
proposes clarifying amendments to current MIAX Rule 612, which
describes the Exchange's ARM functionality that is applicable to
quoting activity by MIAX Market Makers.

A. Risk Protection Monitor

    According to the Exchange, the RPM is intended to provide new risk
protection functionality for orders entered by members. Under new MIAX
Rule 519A, MIAX's automated trading system (the ``System'') will
maintain a counting program (the ``counting program'') for each
participating member. Member participation in the counting program will
be voluntary. The counting program will count (i) the number of orders
entered by the member on the Exchange within a specified time period
that has been established by the member (the ``specified time
period''), and (ii) the number of contracts traded via an order entered
by the member on the Exchange within the specified time period.\5\ The
Exchange will establish a maximum duration for any specified time
period and announce that maximum duration via a Regulatory Circular. To
use the RPM functionality, members must establish an Allowable Order
Rate and/or an Allowable Contract Execution Rate. The Allowable Order
Rate is the maximum number of permissible orders (as specified by the
member) entered during the specified time period designated by the
member. The Allowable Contract Execution Rate is the maximum number of
permissible contracts (as specified by the member) executed during the
specified time period designated by the member.
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    \5\ In its filing, the Exchange noted that members may establish
different specified time periods for the purpose of counting orders
and the purpose of counting contracts traded via an order entered by
the member under the RPM, and thus, the length of the specified time
period for each purpose need not be the same. See Notice, supra note
4, at 4605 n.7.
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    If the RPM functionality is elected by a member, the System will
trigger the RPM whenever the counting program determines that the
member has entered a number of orders that exceeds the member's
specified Allowable Order Rate during the specified time period, or
executed a number of contracts that exceeds the member's specified
Allowable Contract Execution Rate during the specified time period.\6\
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    \6\ In the Notice, the Exchange provided examples demonstrating
how the System will determine when the Allowable Order Rate or
Allowable Contract Execution Rate for an individual member is
exceeded. See Notice, supra note 4, at 4606-07.
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    Under new MIAX Rule 519A, a member may establish whether the RPM,
once triggered, will: (i) Prevent the System from receiving any new
orders in all series in all classes from the member; (ii) prevent the
System from receiving any new orders in all series in all classes from
the member and cancel all existing Day orders in all series in all
classes from the member; or (iii) send a notification that the RPM has
been triggered without any further preventative actions or
cancellations by the System. Once engaged, the RPM will automatically
take whatever action has been specified in advance by the member.
However, PRIME Orders, PRIME Solicitation Orders, Auction or Cancel
Orders (``AOC Order''), Opening Orders (``OPG Order''), or Good `til
Cancel Orders (``GTC Order'') will not participate in the RPM. \7\ When
engaged, the RPM will allow the member to interact with existing orders
that were entered prior to the member exceeding the Allowable Order
Rate or the Allowable Contract Execution Rate, including sending cancel
order messages and receiving trade executions from those orders. The
RPM will remain engaged until the member communicates with the
Exchange's help desk (the ``Help Desk'') to re-enable the System to
accept new orders from the member. The Exchange noted that this
communication from the member to the Help Desk may be sent either via
email or phone.\8\
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    \7\ Interpretation and Policy .02 to new MIAX Rule 519A provides
that PRIME Orders, PRIME Solicitation Orders, and GTC Orders will
not participate in the RPM. The System will include PRIME Orders,
PRIME Solicitation Orders, and GTC Orders in the counting program
for purposes determining when the RPM is triggered. PRIME Orders,
PRIME Solicitation Orders and Customer-to-Customer Orders will each
be counted as two orders for the purpose of calculating the
Allowable Order Rate. Once engaged, however, the RPM will not cancel
any existing PRIME Orders, PRIME Solicitation Orders, AOC Orders,
OPG Orders, or GTC Orders that are marked as Day orders.
    \8\ See Notice, supra note 4, at 4606 n.10.
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    In addition, the Exchange also proposes to allow members to group
with other members so that the RPM would apply collectively to the
group. The members in such a group must designate a group owner and may
form a group together if: (i) There is at least 75% common ownership
between the group's members, as reflected on each firm's Form BD,
Schedule A; or (ii) there is written authorization signed by all
members in the group, and the group owner maintains exclusive control
of all orders sent to the Exchange from each MPID within the group. A
clearing firm also may elect to group together with several members so
that the RPM applies collectively to that group of members, provided
that: (i) The clearing firm must be designated as the group owner; (ii)
the clearing firm must serve as the clearing firm for all the MPIDs of
the group; and (iii) there must be written authorization signed by the
clearing firm and each member of the group.
    In general, the RPM for groups will operate in the same manner as
it does for individual members, except that that the counting program
and RPM protections will apply to the group as a whole. Thus, the
counting program will count the number of orders entered and the number
of contracts traded resulting from orders entered by all MPIDs in the
group collectively, and the System will trigger the RPM when the group
collectively exceeds either the Allowable Order Rate or Allowable
Contract Execution Rate for the group.\9\ Once engaged, pursuant to the
group owner's instructions, the RPM will automatically either: (i)
Prevent the System from receiving any new orders in all series in all
classes from each MPID in the group; (ii) prevent the System from
receiving any new orders in all series in all classes from each MPID in
the group and cancel all existing Day orders in all series in all
classes from the group, or (iii) send a notification without any
further

preventative action or cancellations by the System. Only the designated
group owner may re-enable the acceptance of new orders for all the
members of the group, via a request to the Help Desk. In instances when
a clearing firm has grouped several members for the purpose of the RPM,
the clearing firm may only elect to receive warning notifications
indicating that a specific percentage of an Allowable Order Rate or an
Allowable Contract Execution Rate has been met, unless one member of
the group maintains exclusive control of all orders routed through all
MPIDs within the group.
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    \9\ In the Notice, the Exchange provided examples demonstrating
how the System will determine when the Allowable Order Rate or
Allowable Contract Execution Rate is exceeded for a group. See
Notice, supra note 4, at 4608.
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    In addition, members may elect to receive warning notifications
from MIAX indicating that a specific percentage of an Allowable Order
Rate or an Allowable Contract Execution Rate has been met. The Exchange
also proposes that, at the request of a member, or if necessary to
maintain a fair and orderly market, the Help Desk may pause and restart
the specified time period used by the counting program or clear and
reset any calculated Allowable Order Rate or Allowable Contract
Execution Rate.

B. Aggregate Risk Manager

    The Exchange also proposes to codify what it represents is existing
functionality regarding the ARM under MIAX Rule 612.\10\ Under MIAX
Rule 612, the System maintains a counting program for each Market Maker
who is required to submit continuous two-sided quotations pursuant to
MIAX Rule 604 in each of its assigned option classes. The ARM counting
program counts the number of contracts traded by a Market Maker's
quotes in an assigned option class within a specified time period that
has been established by the Market Maker; MIAX Rule 612 states that the
specified time period for the ARM cannot exceed 15 seconds. Under the
ARM, a Market Maker also establishes for each option class an Allowable
Engagement Percentage. The System engages the ARM in a particular
option class when the counting program has determined that a Market
Maker has traded during the specified time period a number of contracts
equal to or above its Allowable Engagement Percentage.\11\ Once
engaged, the ARM automatically removes the Market Maker's quotations on
MIAX in all series of that particular option class until the Market
Maker submits a new revised quotation.
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    \10\ See Notice, supra note 4, at 4609.
    \11\ The Allowable Engagement Percentage cannot be less than
100%. The System calculates the Allowable Engagement Percentage by
first determining the percentage that the number of contracts
executed in an individual option in a class represents relative to
the Market Maker's disseminated Standard quote and/or Day eQuote in
that individual option (``option percentage''). See MIAX Rule
612(b)(2)(i). When the System calculates the option percentage, the
number of contracts executed in that option class will be
automatically offset by the number of contracts that are executed on
the opposite side of the market in the same option class during the
specified time period. See MIAX Rule 612(b)(3). The counting program
will then combine the individual option percentages to determine the
option class percentage (``class percentage''). See MIAX Rule
612(b)(2)(ii). When the class percentage equals or exceeds the
Market Maker's Allowable Engagement Percentage, the ARM will be
triggered. See id.
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    The Exchange proposes to amend MIAX Rule 612 in two regards. First,
the Exchange proposes to codify in its rules an existing requirement
for a Market Maker to send a message to MIAX specifically to disengage
the ARM and allow quoting before the Market Maker can begin to quote
again in that class. As noted above, MIAX Rule 612 currently provides
that once engaged, the ARM will automatically remove the Market Maker's
quotations from MIAX in all series of that particular option class
until the Market Maker submits a new revised quotation. The Exchange
proposes to add rule text to MIAX Rule 612(b)(1) requiring a Market
Maker also to send a notification to the System of its intent to
reengage quoting in order to disengage the ARM. Second, the Exchange
proposes to clarify, in new Interpretation and Policy .01 to Rule 612,
that eQuotes \12\ do not participate in the ARM. The Exchange states
that the System does not include contracts traded through the use of an
eQuote in the counting program for purposes of Rule 612, and that
eQuotes will remain in the System available for trading when the
Aggregate Risk Manager is engaged.\13\
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    \12\ An eQuote ``is a quote with a specific time in force that
does not automatically cancel and replace a previous Standard quote
or eQuote,'' and ``can be cancelled by the Market Maker at any time,
or can be replaced by another eQuote that contains specific
instructions to cancel an existing eQuote.'' See MIAX Rule
517(a)(2).
    \13\ See Notice, supra note 4, at 4609.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder that are applicable to a national securities
exchange.\14\ In particular, the Commission finds that the proposed
rule change is consistent with section 6(b)(5) of the Act,\15\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The Commission believes that the RPM may help members, and member
groups, to mitigate the potential risks associated with the execution
of an unacceptable level of orders that result from, e.g., technology
issues with electronic trading systems. The Commission also notes that
other exchanges have established risk protection mechanisms for members
and/or market makers that are similar in many respects to MIAX's
proposal.\16\ While the concept of member groups may be unique to
MIAX's proposal, the Commission believes that MIAX has designed that
portion of the proposed rule to be consistent with the Act, including
section 6(b)(5), as it may foster cooperation and coordination with
clearing transactions and protect investors and the public interest by
providing a mechanism to reduce the risk of abnormal trading activity
across multiple participants under common control or where the group
otherwise provides written opt-in consent.
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    \14\ 15 U.S.C. 78f. In approving this proposed rule change, the
Commission notes that it has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ See, e.g., BATS Exchange (``BATS'') Rule 21.16 (Risk
Monitor Mechanism available to all BATS Users); NASDAQ Options
Market (``NOM'') Rule Chapter VI, Section 19 (Risk Monitor Mechanism
available to all NOM Participants); BOX Options Exchange Rule 7280
(Bulk Cancellation of Trading Interest available to Options
Participants); and Chicago Board Options Exchange (``CBOE'') Rule
8.18 (Quote Risk Monitor Mechanism available to certain CBOE Market-
Makers and CBOE Trading Permit Holders associated with certain CBOE
Market-Makers).
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    The Commission notes that the RPM is a voluntary mechanism. The
Commission reminds members electing to use the RPM to be mindful of
their obligations to, among other things, seek best execution of orders
they handle on an agency basis. A broker-dealer has a legal duty to
seek to obtain best execution of customer orders, and the decision to
utilize the RPM, including the parameters set by the member for the
RPM, must be consistent with this duty.\17\ For instance, under the

proposal, members have unfettered discretion to set the Allowable Order
Rate and Allowable Contract Execution Rate for the RPM. While MIAX
neglected to affirmatively establish minimum and maximum permissible
settings for the RPM in its rule, the Commission expects MIAX
periodically to assess whether the RPM functionality is operating in a
manner that is consistent with the promotion of fair and orderly
markets. In addition, the Commission expects that members will consider
their best execution obligations when establishing the minimum and
maximum parameters for the RPM.\18\ For example, an abnormally low
Allowable Order Rate set over an abnormally long specified time period
should be carefully scrutinized, particularly if a member's order flow
to MIAX contains agency orders. To the extent that the RPM is set to
overly-sensitive parameters, a member should consider the effect of its
chosen settings on its ability to receive a timely execution on
marketable agency orders that it sends to MIAX in various market
conditions.\19\ The Commission cautions that brokers considering their
best execution obligations should be aware that the agency orders they
represent may be rejected on account of the RPM.
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    \17\ See Securities Exchange Act Release Nos. 37619A (Sept. 6,
1996), 61 FR 48290 (Sept. 12, 1996) (``Order Handling Rules
Release''); 51808 (June 9, 2005), 70 FR 37496, 37537-8 (June 29,
2005).
    \18\ The Commission reminds broker-dealers that they must
examine their procedures for seeking to obtain best execution in
light of market and technology changes and modify those practices if
necessary to enable their customers to obtain the best reasonably
available prices. See Order Handling Rules Release, supra note 17,
at 48323.
    \19\ For example, a marketable agency order that would have
otherwise executed on MIAX might be prevented from reaching MIAX on
account of other interest from the member that causes it to exceed
its Allowable Order Rate and, thus, triggers the RPM, resulting in
the System blocking new orders from the member.
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    In addition, under the proposal, once the RPM is engaged, PRIME
Orders, PRIME Solicitation Orders, GTC Orders, AOC Orders, and OPG
Orders will not participate in the RPM.\20\ The Commission notes that
these are unique order types.\21\ The Commission believes that these
exceptions appear to be reasonably designed to not interfere with the
operation of the PRIME and PRIME Solicitation auctions and also to
restrict application of the RPM to specific types of orders, whose
terms limit their application to specialized purposes for which members
may not want or need order protection to apply.
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    \20\ See supra note 7.
    \21\ For example, the Exchange argues that PRIME Orders
submitted pursuant to MIAX Rule 515A have been guaranteed an
execution at the time of acceptance into the System and, therefore,
should not be cancelled when the RPM is engaged, because the
execution has effectively already occurred. See Notice, supra note
4, at 4609.
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    The proposed rule change also codifies existing functionality in
the ARM with respect to the procedures for resuming quoting and the
non-participation of eQuotes. The Commission notes that the
clarification of ARM procedures in Rule 612 could eliminate potential
confusion for members regarding the need to affirmatively notify MIAX
that the member wishes to re-start quoting following an ARM event as
well as internal inconsistency in the rule about the inapplicability of
ARM to eQuotes.

IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\22\ that the proposed rule change (SR-MIAX-2015-03), as modified
by Amendment No. 1, be, and hereby is, approved.
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    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06262 Filed 3-18-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41331-41333]
[FR Doc No: 2022-14763]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

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

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

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

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

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

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Chief executive officer of                                                                    Community
   State and county    Location and case No.             community               Community map repository         Date of modification           No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Morgan (FEMA       Town of Priceville     The Honorable Sam Heflin,       Planning Department, 242       Jul. 5, 2022..................       010448
     Docket No.: B-     (22-04-1537X).         Mayor, Town of Priceville,      Marco Drive, Priceville, AL
     2204).                                    242 Marco Drive, Priceville,    35603.
                                               AL 35603.
    Morgan (FEMA       Unincorporated areas   The Honorable Ray Long, Chair,  Morgan County Engineering      Jul. 5, 2022..................       010175
     Docket No.: B-     of Morgan County (22-  Morgan County Commission, 302   Department, 580 Shull Road,
     2204).             04-1537X).             Lee Street Northeast,           Hartselle, AL 35640.
                                               Decatur, AL 35601.
Colorado:

    Douglas (FEMA      Town of Castle Rock    The Honorable Jason Gray,       Stormwater Department, 100     Jun. 10, 2022.................       080050
     Docket No.: B-     (21-08-1028P).         Mayor, Town of Castle Rock,     North Wilcox Street, Castle
     2220).                                    100 North Wilcox Street,        Rock, CO 80104.
                                               Castle Rock, CO 80104.
    Douglas (FEMA      Unincorporated areas   The Honorable Lora Thomas,      Douglas County Department of   Jun. 10, 2022.................       080049
     Docket No.: B-     of Douglas County      Chair, Douglas County Board     Public Works, Engineering
     2220).             (21-08-1028P).         of Commissioners, 100 3rd       Division, 100 3rd Street,
                                               Street, Castle Rock, CO         Castle Rock, CO 80104.
                                               80104.
    Jefferson (FEMA    Unincorporated areas   The Honorable Lesley            Jefferson County Planning and  Jun. 10, 2022.................       080087
     Docket No.: B-     of Jefferson County    Dahlkemper, Chair, Jefferson    Zoning Division, 100
     2220).             (21-08-0517P).         County Board of                 Jefferson County Parkway,
                                               Commissioners, 100 Jefferson    Suite 3550, Golden, CO
                                               County Parkway, Suite 5550,     80419.
                                               Golden, CO 80419.
Florida:
    Palm Beach (FEMA   City of Westlake (21-  Kenneth Cassel, Manager, City   City Hall, 4001 Seminole       Jun. 13, 2022.................       120018
     Docket No.: B-     04-4443P).             of Westlake, 4001 Seminole      Pratt Whitney Road,
     2226).                                    Pratt Whitney Road, Westlake,   Westlake, FL 33470.
                                               FL 33470.
    Polk (FEMA Docket  Unincorporated areas   Bill Beasley, Polk County       Polk County Land Development   Jun. 9, 2022..................       120261
     No.: B-2220).      of Polk County (21-    Manager, 330 West Church        Division, 330 West Church
                        04-4272P).             Street, Bartow, FL 33831.       Street, Bartow, FL 33831.
    Sarasota (FEMA     City of Sarasota (21-  The Honorable Erik Arroyo,      Development Services           Jun. 10, 2022.................       125150
     Docket No.: B-     04-5582P).             Mayor, City of Sarasota, 1565   Department, 1565 1st Street,
     2220).                                    1st Street, Room 101,           Sarasota, FL 34236.
                                               Sarasota, FL 34236.
    Volusia (FEMA      City of Port Orange    Wayne Clark, Manager, City of   Community Development          Jun. 10, 2022.................       120313
     Docket No.: B-     (21-04-3762P).         Port Orange, 1000 City Center   Department, 1000 City Center
     2220).                                    Circle, Port Orange, FL         Circle, Port Orange, FL
                                               32129.                          32129.
    Volusia (FEMA      Unincorporated areas   George Recktenwald, Manager,    Volusia County Growth and      Jun. 10, 2022.................       125155
     Docket No.: B-     of Volusia County      Volusia County, 123 West        Resource Management
     2220).             (21-04-3762P).         Indiana Avenue, DeLand, FL      Department, 123 West Indiana
                                               32720.                          Avenue, DeLand, FL 32720.
Georgia:
    Effingham (FEMA    Unincorporated areas   The Honorable Wesley Corbitt,   Effingham County               Jun. 9, 2022..................       130076
     Docket No.: B-     of Effingham County    Chair at Large, Effingham       Administrative Complex South
     2226).             (21-04-1542P).         County Board of                 Building, 804 South Laurel
                                               Commissioners, 804 South        Street, Springfield, GA
                                               Laurel Street, Springfield,     31329.
                                               GA 31329.
    Richmond (FEMA     City of Augusta (20-   The Honorable Hardie Davis,     Planning and Development       Jun. 6, 2022..................       130158
     Docket No.: B-     04-6164P).             Jr., Mayor, City of Augusta,    Department, 535 Telfair
     2220).                                    535 Telfair Street, Suite       Street, Suite 200, Augusta,
                                               200, Augusta, GA 30901.         GA 30901.
Nevada: Clark (FEMA    City of Henderson (21- Richard Derrick, Manager, City  City Hall, 240 South Water     Jun. 10, 2022.................       320005
 Docket No.: B-2220).   09-1537P).             of Henderson, 240 South Water   Street, Henderson, NV 89015.
                                               Street, Henderson, NV 89015.
Texas:
    Bexar (FEMA        City of San Antonio    The Honorable Ron Nirenberg,    Transportation and Capitol     Jun. 6, 2022..................       480045
     Docket No.: B-     (21-06-0342P).         Mayor, City of San Antonio,     Improvements Department,
     2226).                                    P.O. Box 839966, San Antonio,   Storm Water Division, 114
                                               TX 78283.                       West Commerce Street, 7th
                                                                               Floor, San Antonio, TX
                                                                               78205.
    Bexar (FEMA        Unincorporated areas   The Honorable Nelson W. Wolff,  Bexar County Public Works      Jun. 13, 2022.................       480035
     Docket No.: B-     of Bexar County (21-   Bexar County Judge, 101 West    Department, 1948 Probandt
     2226).             06-1869P).             Nueva Street, 10th Floor, San   Street, San Antonio, TX
                                               Antonio, TX 78205.              78214.
    Denton (FEMA       Town of Northlake (21- The Honorable David Rettig,     Town Hall, 1500 Commons        Jun. 6, 2022..................       480782
     Docket No.: B-     06-1777P).             Mayor, Town of Northlake,       Circle, Suite 300,
     2216).                                    1500 Commons Circle, Suite      Northlake, TX 76226.
                                               300, Northlake, TX 76226.
    Johnson (FEMA      City of Burleson (21-  The Honorable Chris Fletcher,   City Hall, 141 West Renfro     Jun. 2, 2022..................       485459
     Docket No.: B-     06-2590P).             Mayor, City of Burleson, 141    Street, Burleson, TX 76028.
     2216).                                    West Renfro Street, Burleson,
                                               TX 76028.
    Kerr (FEMA Docket  City of Kerrville (21- The Honorable Bill Blackburn,   Engineering Department, 200    Jun. 3, 2022..................       480420
     No.: B-2220).      06-1566P).             Mayor, City of Kerrville, 701   Sidney Baker Street,
                                               Main Street, Kerrville, TX      Kerrville, TX 78028.
                                               78028.
    Kerr (FEMA Docket  Unincorporated areas   The Honorable Rob Kelly, Kerr   Kerr County Engineering        Jun. 3, 2022..................       480419
     No.: B-2220).      of Kerr County (21-    County Judge, 700 East Main     Department, 3766 State
                        06-1566P).             Street, Kerrville, TX 78028.    Highway 27, Kerrville, TX
                                                                               78028.
    Parker (FEMA       Unincorporated areas   The Honorable Patrick Deen,     Parker County Permitting       Jun. 8, 2022..................       480520
     Docket No.: B-     of Parker County (21-  Parker County Judge, 1          Department, 1 Courthouse
     2226).             06-2184P).             Courthouse Square,              Square, Weatherford, TX
                                               Weatherford, TX 76086.          76086.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-14763 Filed 7-11-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Page 50099]
[FR Doc No: 2021-19197]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF21-9-000]

Western Area Power Administration; Notice of Filing

    Take notice that on August 27, 2021, Western Area Power
Administration submitted tariff filing: Formula Rates for Western Area
Power Administration--Rate Order No. WAPA-197, to be effective 10/1/
2021.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://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 the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 27, 2021.

    Dated: August 31, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-19197 Filed 9-3-21; 8:45 am]
BILLING CODE 6717-01-P