[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49670-49671]
[FR Doc No: 2019-20320]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0336; FRL-9999-74-Region 7]

Air Plan Approval; Missouri; Removal of Control of VOC Emissions
from Traffic Coatings

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Missouri
on December 3, 2018. Missouri requests that the EPA remove a rule
related to control of volatile organic compounds (VOCs) from traffic
coatings from its SIP. This rescission does not have an adverse effect
on air quality. The EPA's approval of this rule revision is being done
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 23, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0336. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air Quality and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913)
551-7016; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's response to comment received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On July 2, 2019, the EPA proposed rescinding a State rule relating
to VOC emissions from traffic coatings from the Missouri SIP in the
Federal Register. See 84 FR 31538. The EPA solicited comments on the
proposed SIP revision and received one comment.

II. What is being addressed in this document?

    The EPA is approving a request to revise the Missouri SIP, received
on December 3, 2018. Missouri requested that a State rule, found at
Title 10, Division 10 of the code of state regulations (CSR)--10-5.450,
Control of VOC Emissions from Traffic Coatings--be rescinded from the
Missouri SIP. A detailed discussion of the submission was provided in
the EPA's July 2, 2019, Federal Register document. See 84 FR 31538.

III. Have the requirements for approval of a SIP revision been met?

    The submission has met the public notice requirements in accordance
with 40 CFR 51.102. The submission also satisfied the completeness
criteria of 40 CFR part 51, appendix V. Missouri provided public notice
of the SIP revision from February 28, 2018, to March 30, 2018, and
received two comments. Missouri did not make any changes to the
rescission based on the comments received. In addition, as explained
above, the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.

IV. What is the EPA's response to comment received?

    The public comment period opened on the date of publication of the
EPA's proposed rule in the Federal Register, July 2, 2019, and closed
on August 1, 2019 See 84 FR 31538. During this period, the EPA received
one comment. The comment can be found in the docket to this rulemaking.
    Comment: The commenter questioned whether the submittal was
actually a complete SIP revision submittal. Additionally, the commenter
believed that the record was incomplete because the submission included
a portion of the transcript of the public hearing.
    Response: The commenter is concerned the submission was incomplete
and asserted that the EPA should reopen the public comment period after
Missouri submitted additional information. The commenter is looking for
a demonstration that the rule rescission will not affect attainment and
maintenance of the national ambient air quality standards and a
complete transcript of the public hearing.
    First, the EPA agrees with the commenter that Missouri did not
include a demonstration with its submission as indicated in its's own
response to comment (published in the Missouri Register and included in
the docket to this rulemaking). However, the EPA determined that the
additional information was not necessary to move forward with SIP
revision request. As noted in the notice of proposed rulemaking,
Missouri's state rule--10-5.450, Control of VOC Emissions from Traffic
Coatings--was replaced with a reliance on the Federal rule at 40 CFR
part 59, subpart D--National Volatile Organic Compound Emission
Standard for Architectural Coatings. Both rules have an identical limit
of one hundred fifty (150) grams of volatile organic compounds per
liter of coating and one point twenty-six (1.26) pounds per gallon. The
Federal rule became effective on September 11, 1998 (63 FR 48877,
August 11, 2004). The State rule was approved into the SIP in 2000 (65
FR 8060, February 17, 2000). Because the Federal rule applies to
sources in Missouri, the State rule was duplicative, likely unnecessary
at the time it was approved into the SIP, and as such, not necessary.
    Second, the commenter notes that Missouri included a portion of the
transcript of the public hearing in its submission but not the whole
transcript. The EPA believes this is an acceptable practice that meets
the completeness criteria of 40 CFR part 51, appendix V. Section 2.1(g)
of appendix V requires the State provide certification that a public
hearing was held consistent with the public hearing requirements in 40
CFR 51.102. 40 CFR 51.102(e) requires the State to prepare and retain,
for inspection by the Administrator upon request, a record of each
hearing. The record must contain, at a minimum, a list of witnesses
with the text of each presentation. Neither the EPA Administrator, nor
his designee, the Region 7 Regional Administrator, requested an
inspection of the record of the hearing. Although the transcript is not
required to meet completeness criteria, the State's website provides

contact information for obtaining a copy.

V. What action is the EPA taking?

    The EPA is ammending the Missouri SIP by rescinding 10 CSR 10-
5.450. Approval of this revision will ensure consistency between State
and federally-approved rules. The rescission will not impact air
quality as the State rule is duplicative of the Federal rule.

VI. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Regulations from the Missouri State Implementation
Plan, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 22, 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, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: September 11, 2019.
Mike Brincks,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

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--AA Missouri

Sec.  52.1320  [Amended]

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing
the entry ``10-5.450'' under the heading ``Chapter 5-Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.

[FR Doc. 2019-20320 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 3, 2009 (Volume 74, Number 40)]
[Notices]
[Page 9235-9236]
[DOCID:fr03mr09-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC09-3-000]

North American Electric Reliability Corporation; Northeast Power
Coordinating Council, Inc.; Notice of Filing

February 24, 2009.
    Take notice that on February 20, 2009, the North American Electric
Reliability Corporation and the Northeast Power Coordinating Council,
Inc. (NPCC) filed a comprehensive list of Bulk Electric System
facilities with the United States portion of the NPCC Region and
responses to the set of questions and data requests, pursuant to the
Commission's December 18 Order, North American Electric Reliability
Corporation and Northeast Power Coordinating Council, Inc., 125 FERC ]
61,295 (2008) and January 15, 2009 Order, North American Electric
Reliability Corporation and Northeast Power Coordinating Council, Inc.,
Notice of Extension of Time (Jan. 15, 2009).
    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 encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 13, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4423 Filed 3-2-09; 8:45 am]

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[Federal Register: August 18, 2008 (Volume 73, Number 160)]
[Proposed Rules]
[Page 48165-48166]
[DOCID:fr18au08-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0051-200805(b); FRL-8705-2]

Approval and Promulgation of Air Quality Implementation Plans;
Tennessee; Approval of Revisions to the Nashville/Davidson County
Portion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the State
Implementation Plan (SIP) submitted by the State of Tennessee on
October 19, 2007. The revision affects the Nashville/Davidson County
portion of the Tennessee SIP. Specifically the revision pertains to the
Metropolitan Public Health Department, Pollution Control Division's
Regulation Number 8, ``Inspection and Maintenance of Light-Duty Motor
Vehicles.'' This revision is part of Nashville/Davidson County's
strategy to meet the requirements of EPA's 1997 8-hour ozone standard.
Regulation Number 8 is amended by reducing the vehicle emission
inspection fee to $9.00, and updating the definitions section. This
revision is considered by the Tennessee Department of Environment and
Conservation (TDEC) to be at least as stringent as the State of
Tennessee's preexisting requirements. This action is being taken
pursuant to section 110 of the Clean Air Act.
    In the Final Rules Section of this Federal Register, EPA is
approving the State's SIP revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. The EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.

DATES: Written comments must be received on or before September 17,
2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0051, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2008-0051,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Mr. James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Mr. James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8965. Mr. Hou can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register.

    Dated: July 30, 2008.
Russell L. Wright Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E8-18966 Filed 8-15-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Rules and Regulations]
[Pages 35421-35422]
[FR Doc No: 2018-15876]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0224; Product Identifier 2018-NE-01-AD; Amendment
39-19332; AD 2018-14-12]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
General Electric Company (GE) GEnx-1B engines. This AD was prompted by
a report of a center vent tube (CVT) failure leading to a loss of oil
pressure and subsequent in-flight engine shutdown. This AD requires
removal of an affected extension duct and replacing it with a part
eligible for installation. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective August 30, 2018.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
[email protected]. You may view this service information at
the FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0224.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0224; 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 regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) 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: Herman Mak, Aerospace Engineer, ECO
Branch, FAA, 1200 District Ave., Burlington, MA 01803; phone: 781-238-
7147; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all GE GEnx-1B engines. The
NPRM published in the Federal Register on April 30, 2018 (83 FR 18747).
The NPRM was prompted by a report of a CVT failure leading to a loss of
oil pressure and subsequent in-flight engine shutdown. During the
event, the CVT failed due to oil leaking into the fan mid shaft,
resulting in coking on the seal assembly and overpressurization of the
CVT. The NPRM proposed to require removal of an affected extension duct
and replacing it with a part eligible for installation. We are issuing
this AD to address the unsafe condition on these products.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comments received. The Air Line
Pilots Association and United Airlines supported the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed.

Related Service Information

    We reviewed GE GEnx-1B Service Bulletin (SB) 72-0331 R01, dated
August 21, 2017. The SB describes procedures for replacing air/oil
extension ducts, P/N 2332M85P01 or 2331M25G03, with an extension duct
eligible for installation.

Costs of Compliance

    We estimate that this AD affects 97 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement of Extension Duct.........  4 work-hours x $85 per           $16,270         $16,610      $1,611,170
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

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.
    We are 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

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:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Adoption of 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 (AD):

2018-14-12 General Electric Company: Amendment 39-19332; Docket No.
FAA-2018-0224; Product Identifier 2018-NE-01-AD.

(a) Effective Date

    This AD is effective August 30, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GEnx-1B64, -
1B64/P1, -1B64/P2, -1B67, -1B67/P1, -1B67/P2, -1B70, -1B70/75/P1, -
1B70/75/P2, -1B70/P1, -1B70/P2, -1B70C/P1, -1B70C/P2, -1B74/75/P1,
and -1B74/75/P2 engines with air/oil extension duct, part number (P/
N) 2332M85P01 or 2331M25G03, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by reports of a center vent tube (CVT)
failure. We are issuing this AD to prevent failure of the CVT. The
unsafe condition, if not addressed, could result in failure of one
or more engines, loss of thrust control, and loss of the airplane.

(f) Compliance

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

(g) Required Action

    At the next engine shop visit after the effective date of this
AD, remove air/oil extension ducts, P/N 2332M85P01 or 2331M25G03,
and replace with a part eligible for installation.

(h) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except for
the following situations, which do not constitute an engine shop
visit:
    (1) Separation of engine flanges solely for the purposes of
transportation of the engine without subsequent maintenance.
    (2) Separation of engine flanges solely for the purpose of
replacing the fan or propulsor without subsequent maintenance.

(i) Installation Prohibition

    After the effective date of this AD, do not install an air/oil
extension duct, P/N 2332M85P01 or 2331M25G03, into a fan mid shaft
assembly.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 (k) of this AD. You may email your request
to: [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.

(k) Related Information

    For more information about this AD, contact Herman Mak,
Aerospace Engineer, ECO Branch, FAA, 1200 District Ave., Burlington,
MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on July 19, 2018.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft
Certification Service.
[FR Doc. 2018-15876 Filed 7-25-18; 8:45 am]
BILLING CODE 4910-13-P


Draft

Panel Members for the Consultation Meeting of the Federal Insecticide, Fungicide and Rodenticide Act Scientific Advisory Panel

Pesticide Exposure Models and Climate Change

December 7, 2010

EPA-HQ-OPP-2010-0761				OPP Docket Tel:<PHONE_NUMBER>

FIFRA SAP Chair

Steven Heeringa, Ph.D.

Research Scientist & Director for Statistical Design

University of Michigan Institute for Social Research

Ann Arbor, MI

FIFRA SAP Session Chair

Kenneth Portier, Ph.D.

Program Director, Statistics

American Cancer Society

National Home Office

Atlanta, GA

Designated Federal Official

Fred Jenkins, M.S.

US Environmental Protection Agency

Office of Science Coordination & Policy

FIFRA Scientific Advisory Panel

EPA East Building, MC 7201M

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>,   HYPERLINK <EMAIL_ADDRESS><EMAIL_ADDRESS> FIFRA Scientific Advisory Panel Members

Janice Chambers, Ph.D., DABT, ATS

William L. Giles Distinguished Professor

Director, Center for Environmental Health Sciences

College of Veterinary Medicine

Mississippi State University

Mississippi State, MS

Daniel Schlenk, Ph.D.

Professor of Aquatic Ecotoxicology & Environmental Toxicology

Department of Environmental Sciences

University of California

Riverside, CA

FQPA Science Review Board Members

Alistair Boxall, Ph.D.

Reader

Environment Department, University of York Heslington

York, UK

Jeffrey P. Fisher, Ph.D.

Principal

ENVIRON

Seattle, WA

Karen Garrett, Ph.D.

Professor

Department of Plant Pathology, Kansas State University

Manhattan, KS

Chensheng Lu, Ph.D.

Assistant Professor

Department of Environmental Health Exposure, Epidemiology, and Risk program

Harvard School of Public Health, Harvard University

Boston, MA

Robert Peart, Ph.D.

Graduate Research Professor Emeritus

Department of Agricultural Engineering, University of Florida

Gainesville, FL

Thomas Peterson, Ph.D.

Chief Scientist

NOAA’s National Climatic Data Center

Asheville, NC

Thomas L. Potter, Ph.D.

Research Chemist

USDA-Agricultural Research Service Southeast Watershed Research Laboratory

Tifton, GA

James C. Randoph, Ph.D.

Professor and Director

School of Public and Environmental Affairs, Indiana University

Bloomington, Indiana

Geoffrey Scott, Ph.D.

Director of NOAA, National Ocean Service

Center for Coastal Environmental Health & Biomolecular Research, Charleston, SC


[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52513-52516]
[FR Doc No: 2021-20329]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92990; File No. SR-Phlx-2021-53]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Incorporate the
Phlx Options 4 Rules By Reference to Nasdaq ISE, LLC Options 4 Rules

September 15, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 3, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to incorporate the Phlx Options 4 Rules by
reference to Nasdaq ISE, LLC (``ISE'') Options 4 Rules.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Phlx Options 4 Listing Rules provide for the options that may
be listed and traded on Phlx. The Exchange proposes to incorporate the
Phlx Options 4 Rules by reference to Nasdaq ISE, LLC (``ISE'') Options
4 Rules.
Options 4, Section 3, Criteria for Underlying Securities
    Currently, the Phlx Options 4 Rules are very similar to the ISE
Options 4 Rules, except for Options 4, Section 3(h). The differences
between the Phlx and ISE Options 4 Rules are non-substantive technical
differences.\3\ Other changes are non-substantive word choice
differences.\4\ Finally, certain rules utilize the phrase ``this Rule''
instead of a citation.\5\
---------------------------------------------------------------------------

    \3\ Phlx capitalizes the ``of'' and ``and'' in title to Options
4, Section 2, while ISE does not capitalize those words. Phlx
Options 4, Section 3(c)(2)(A)(ii) uses a ``that'' instead of a
``than'' like ISE. Phlx Options 4, Section 3(c)(3) has an extra
phrase ``of this Rule'' as does Phlx Options 4, Section
3(c)(4)(B)(ii). Also, Phlx Options 4, Section 3(c)(4)(B)(ii) cites
to ``Options 4, Section 3(b)(5)(i)'' instead of ``Options 4, Section
3(b)(5)(l)'' like ISE. Phlx defines a ``market information sharing
agreement'' within Options 4, Section 3(g)(2), whereas ISE defines
the same term within Options 4, Section 3(i). ISE Options 4, Section
4(b)(5) has a reference to ``paragraph (b)'' where Phlx does not
have the reference to (b) it only states of this paragraph. Options
4, Section 4(g) lacks an ``if'' similar to ISE. Phlx Options 4,
Section 4(f)(1) lacks an ``of'' similar to ISE. ISE Options 4,
Section 5(a), unlike Phlx, has an extra ``as'', specific reference
to ``Options 4, Section 6(b)'' and use of the phrase ``to this
Section 5'' in two places. ISE Options 4, Section 5(d) has an extra
``the.'' Phlx Options 4, Section 5 at Supplementary Material .03 is
missing a reference to ``and QQQ'' which should appear as it does in
the remainder of the rule filing. Phlx Options 4, Section 5 at
Supplementary Material .04 has the term ``P.M. settled'' where ISE
does not and capitalizes some terms that ISE does not capitalize.
The word ``approximate'' appears in Phlx Options 4, Section 5 at
Supplementary Material .04(c) and not in ISE. Phlx Options 4,
Section 5 at Supplementary Material .04(d) references Options 1,
Section 1(b)(13) when it should reference Options 4, Section 3(h)
similar to ISE. Options 4, Section 3(f)(1) should have an ``and''
and an ``a'' similar to ISE instead of an ``or.'' Phlx Options 4,
Section 5 at Supplementary Material .06 uses the term ``Strike Price
Program'' instead of ``Strike Program'' like ISE. Phlx Options 4,
Section 8 uses the term ``intervals'' instead of the singular
``interval'' like ISE and references Options 2, Section 4(c)(1)(A)
instead of Options 2, Section 4(b)(4)(i)(A) like ISE. Phlx Options
4, Section 9 uses the term ``Exchange-Traded Fund Shares'' and ISE
uses the term ``Fund Shares.'' Options 4, Section 10 references
different exchange names and terms for members and market makers.
    \4\ Options 4, Section 3(f)(4) states, ``the SEC has otherwise
authorized the listing'' whereas ISE states ``the SEC has otherwise
authorized the listing.'' Unlike ISE, Phlx does not have the phrase
``In the case of options covering Fund Shares approved pursuant to''
at the beginning of Options 4, Section 4(g)(2). ISE Options 4,
Section 5(b) uses ``shall'' and Phlx uses ``will.'' Phlx Options 4,
Section 5 at Supplementary .01 has an extra phrase, ``(a) The
interval of strike prices of series of options on individual stocks
may be:'' and a period after Strike Price Interval Program. Phlx
Options 4, Section 5 at Supplementary .01(b) uses the term
``security'' instead of ``stock'' and numbers the subsections
differently. Phlx has the sentence, ``A security shall remain in the
$1 Strike Price Interval Program until otherwise designated by the
Exchange'' and ISE does not have the same sentence, although ISE has
the same ability to determine what listings are in the $1 Strike
Price Interval Program. Also, ISE uses the phrase ``Strike Price
Interval Program'' in that paragraph and Phlx uses ``Strike
Program.''
    \5\ See Phlx Options 4, Section 3(c)(2).
---------------------------------------------------------------------------

    Also, ISE recently amended its Options 4, Section 3(h) \6\ to make
certain amendments which Phlx proposes to adopt in order that its rules
may be identical.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 92226 (June 22,
2021) (SR-ISE-2021-14).
---------------------------------------------------------------------------

    First, Phlx would remove rule text within Options 4, Section 3(h)
at the end of the paragraph which provides, ``all of the following
conditions are met.'' Paragraph (h) would simply end with ``provided
that:'' and direct market participants to subparagraphs (1) and (2).
    Second, the Exchange proposes to capitalize ``the'' at the
beginning of Options 4, Section 3(h)(1) and remove ``; and'' at the end
of the paragraph and instead at a period so that subparagraphs (1) and
(2) are not linked, but rather read independently. Today, Options 4,
Section 3(h)(1) applies to all Exchange-Traded Fund Shares.
    Third, the Exchange proposes to clarify that Options 4, Section
3(h)(2) applies to only international or global Exchange-Traded Fund
Shares. Specifically, the Exchange proposes to provide within Options
4, Section 3(h)(2) that, ``Exchange-Traded Fund Shares based on
international or global indexes, or portfolios that include non-U.S.
securities, shall meet the following criteria.'' Proposed Options 4,
Sections 3(h) generally concerns securities deemed appropriate for
options trading. The proposed rule text adds language stating that
subparagraph (h)(2) of Options 4, Section 3 applies to the extent the
Exchange-Traded Fund Share is based on international or global indexes,
or portfolios that include non-U.S. securities. This language is
intended to serve as a guidepost and clarify that (1) subparagraph
(h)(2) does not apply to an Exchange-Traded Fund Shares based on a U.S.
domestic index or portfolio, and (2) subparagraph (h)(2) includes
Exchange-Traded Fund Shares that track a portfolio and do not track an
index.

    Fourth, the Exchange proposes to remove a phrase within Options 4,
Section 3(h)(2)(A), which provides, ``for series of portfolio
depositary receipts and index fund shares based on international or
global indexes,''. Today, Options 4, Section 3(h), subparagraphs (h)(1)
\7\ and (h)(v) \8\ permit the Exchange to list options on Exchange-
Traded Fund Shares based on generic listing standards for portfolio
depositary receipts and index fund shares without applying component-
based requirements in subparagraphs (h)(2)(B)-(D). By removing the
proposed rule text, the Exchange would make clear that subparagraph
(h)(2)(A) applies to Exchange-Traded Fund Shares based on international
or global indexes, or portfolios that include non-U.S. securities, that
are listed pursuant to generic listing standards and comply with
Options 4, Section 3(h) and subparagraph (h)(1).
---------------------------------------------------------------------------

    \7\ Subsection (h)(i) concerns passive Exchange-Traded Fund
Shares. Subsection (h)(1) provides, ``represent interests in
registered investment companies (or series thereof) organized as
open-end management investment companies, unit investment trusts or
similar entities that hold portfolios of securities and/or financial
instruments, including, but not limited to, stock index futures
contracts, options on futures, options on securities and indices,
equity caps, collars and floors, swap agreements, forward contracts,
repurchase agreements and reverse repurchase agreements (the
``Financial Instruments''), and money market instruments, including,
but not limited to, U.S. government securities and repurchase
agreements (the ``Money Market Instruments'') comprising or
otherwise based on or representing investments in broad-based
indexes or portfolios of securities and/or Financial Instruments and
Money Market Instruments (or that hold securities in one or more
other registered investment companies that themselves hold such
portfolios of securities and/or Financial Instruments and Money
Market Instruments).''
    \8\ Subsection (h)(v) concerns active Exchange-Traded Fund
Shares. Subsection (h)(v) Provides, ``represents an interest in a
registered investment company (``Investment Company'') organized as
an open-end management company or similar entity, that invests in a
portfolio of securities selected by the Investment Company's
investment adviser consistent with the Investment Company's
investment objectives and policies, which is issued in a specified
aggregate minimum number in return for a deposit of a specified
portfolio of securities and/or a cash amount with a value equal to
the next determined net asset value (``NAV''), and when aggregated
in the same specified minimum number, may be redeemed at a holder's
request, which holder will be paid a specified portfolio of
securities and/or cash with a value equal to the next determined NAV
(``Managed Fund Share'').
---------------------------------------------------------------------------

    Fifth, the Exchange proposes to replace the term ``comprehensive
surveillance agreement'' within Options 4, Section 3(h)(2) (A)--(D)
with the term ``comprehensive surveillance sharing agreement.'' This
will bring greater clarity to the term. Further, the Exchange proposes
to add the phrase ``if not available or applicable, the Exchange-Traded
Fund's'' within Options 4, Section 3(h)(2)(B), (C), and (D) to clarify
that when component securities are not available, the portfolio of
securities upon which the Exchange-Traded Fund Share is based can be
used instead. The Exchange notes that ``not available'' is intended for
cases where the Exchange does not have access to the index components,
in those cases the Exchange would look to the portfolio components. The
term ``not applicable'' is intended if the fund is active and does not
track an index and only the portfolio is available. The Exchange also
proposes to wordsmith Options 4, Section 3(h)(2)(B) to provide, ``any
non-U.S. component securities of an index on which the Exchange-Traded
Fund Shares are based or if not available or applicable, the Exchange-
Traded Fund's portfolio of securities that are not subject to
comprehensive surveillance sharing agreements do not in the aggregate
represent more than 50% of the weight of the index or portfolio;''.
Finally, the Exchange proposes to wordsmith Options 4, Section
3(h)(2)(C) and (D) to relocate the phrase ``on which the Exchange-
Traded Fund Shares are based'' and add ``or portfolio'' to bring
greater clarity to the rule text by conforming the rule text of (C) and
(D) to the language within (B). The Exchange believes that the revised
wording will bring greater clarity to the rule text. The Exchange
proposes to change ``than'' to ``that'' within Options 4, Section
3(C)(2)(A)(ii). Also, the Exchange proposes to change ``In'' to ``in''
within Options 4, Section 3(h)(1).
Incorporation by Reference
    The Exchange proposes to incorporate by reference the Phlx Options
4 Rules to ISE Options 4 Rules. To that end, Phlx proposes to replace
the current Phlx Options 4 Rules with the following rule text:

    The rules contained in Nasdaq ISE Options 4, as such rules may
be in effect from time to time (the ``Options 4 Rules''), are hereby
incorporated by reference into this Nasdaq PHLX Options 4, and are
thus Nasdaq PHLX Rules and thereby applicable to Nasdaq PHLX
members, member organizations, and associated persons and other
personnel. Nasdaq PHLX members and member organizations shall comply
with the Options 4 Rules as though such rules were fully set forth
herein. All defined terms, including any variations thereof,
contained in the Options 4 Rules shall be read to refer to the
Nasdaq PHLX related meaning of such term. Solely by way of example,
and not in limitation or in exhaustion: The defined term
``Exchange'' in the Options 4 Rules shall be read to refer to Nasdaq
PHLX; the defined term ``Rule'' in the Options 4 Rules shall be read
to refer to the Nasdaq PHLX Rule; the defined term ``Market Maker''
in the Options 4 Rules shall be read to refer to the Nasdaq PHLX
Market Maker; the defined term ``Primary Market Maker'' in the
Options 4 Rules shall be read to refer to the Nasdaq PHLX Lead
Market Maker; the defined term ``Competitive Market Maker'' in the
Options 4 Rules shall be read to refer to Nasdaq PHLX Market Maker;
and the defined terms ``Electronic Access Member,'' ``EAM,'' or
``Member'' in the Options 4 Rules shall be read to refer to the
Nasdaq PHLX member organization.

    This rule text will account for differences that may exist in the
usage of terms as between Phlx and ISE. The proposed rule text list
instances in which cross references in the ISE Options 4 Rules to Phlx
Options 4 Rules shall be read to refer instead to the Exchange Rules,
and references to ISE terms (whether or not defined) shall be read to
refer to the Exchange-related meanings of those terms. For instance,
references to defined terms ``Exchange'' or ``ISE'' shall be read to
refer to ISE.
    The Exchange proposes to delete in their entirety the Phlx Options
4 Rules and incorporate by reference the ISE Options 4 Rules.\9\ Today,
the rules of Nasdaq GEMX, LLC and Nasdaq MRX, LLC are incorporated by
reference to the rules of ISE. The Exchange will also separately file
to incorporate the Options 4 Rules of Nasdaq BX, Inc. and The Nasdaq
Stock Market LLC to the ISE Options 4 Rules, respectively, to ISE. The
Exchange believes that harmonizing the Options 4 Rules across its 6
Nasdaq Affiliated Options Exchanges will assist the Exchange in listing
options across its affiliated markets. Also, incorporating by reference
the ISE Options 4 Rules into the Exchange's rulebook will organize
those listing rules in a more logical order, thereby eliminating
unnecessary complexity in the listing process and otherwise
streamlining the Exchange's existing listing rules and their associated
procedures.
---------------------------------------------------------------------------

    \9\ The Exchange will separately request an exemption from the
rule filing requirements of Section 19(b) of the Act for changes to
Phlx Options 4 Rules to the extent such rules are affected solely by
virtue of a change to ISE Options 4 Rules. The Exchange's proposed
rule change will not become effective unless and until the
Commission grants this exemption request.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposal to remove the rule text at the end of the
paragraph

within Options 4, Section 3(h) which provides, ``all of the following
conditions are met,'' and creating separate paragraphs for Options 4,
Section 3(h)(1) and (2) is consistent with the Act. This will de-link
these subparagraphs so they are read independently. Today, Options 4,
Section 3(h)(1) applies to all Exchange-Traded Fund Shares. The
Exchange's proposal to clarify that Options 4, Section 3(h)(2) applies
to only international or global indexes or portfolios that include non-
U.S. securities will bring greater clarity to the qualification
standards for listing options on Exchange-Traded Fund Shares. ISE
Options 4, Section 3(h) currently has similar rule text. Proposed
Options 4, Sections 3(h) generally concerns securities deemed
appropriate for options trading. The proposed rule text adds language
stating that subparagraph (h)(2) of Options 4, Section 3 applies to the
extent the Exchange-Traded Fund Share is based on international or
global indexes or portfolios that include non-U.S. securities. This
language is intended to serve as a guidepost and clarify that (1)
subparagraph (h)(2) does not apply to an Exchange-Traded Fund Shares
based on a U.S. domestic index or portfolio, and (2) subparagraph
(h)(2) includes Exchange-Traded Fund Shares that track a portfolio and
do not track an index.
    The Exchange's proposal to remove the phrase ``for series of
portfolio depositary receipts and index fund shares based on
international or global indexes,'' within Options 4, Section 3(h)(2)(A)
is consistent with the Act. Today, Options 4, Section 3(h),
subparagraphs (h)(1) and (h)(v) permit the Exchange to list options on
Exchange-Traded Fund Shares based on generic listing standards for
portfolio depositary receipts and index fund shares without applying
component-based requirements in subparagraphs (h)(2)(B)-(D). By
removing the proposed rule text, the Exchange would make clear that
subparagraph (h)(2)(A) applies to Exchange-Traded Fund Shares based on
international or global indexes, or portfolios that include non-U.S.
securities, that are listed pursuant to generic listing standards and
comply with Options 4, Section 3(h) and subparagraph (h)(1).
    The Exchange's proposal to replace the term ``comprehensive
surveillance agreement'' within Options 4, Section 3(h)(2) (A)-(D) with
the term ``comprehensive surveillance sharing agreement'' is consistent
with the Act as the proposed phrase will bring greater clarity to the
rule.
    Adding the phrase ``if not available or applicable, the Exchange-
Traded Fund's'' to Options 4, Section 3(h)(2)(B), (C), and (D) is
consistent with the Act as it will clarify that when component
securities are not available, the portfolio of securities upon which
the Exchange-Traded Fund Share is based can be used instead. This rule
text currently exists within ISE Options 4, Section 3(h).
    The Exchange's proposal to relocate the rule text within Options 4,
Section 3(h)(2)(B), (C), and (D) will bring greater clarity to the
current rule text by explicitly providing that the index being
referenced is the one on which the Exchange-Traded Fund Shares is
based. Also, adding ``or portfolio'' to Options 4, Section 3(h)(2)(C),
and (D) will bring greater clarity to the rule text by conforming the
rule text of (C) and (D) to the language within (B).
    As proposed herein, the rule text of Options 3, Section 3 will
conform to ISE Options 3, Section 3. The proposal 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 by easing the Participants', market participants', and the
general public's navigation and reading of the rules, lessening
potential confusion, and adding clarity for market participants.
    As a general matter, deleting its existing listing rules and
incorporating by reference the ISE Options 4 Rules will promote a free
and open market, and will benefit investors, the public, and the
markets, because the new rules will be clearer, better organized, and
simpler. Also, the proposal is just and equitable because it will
render the Exchange's listing rules easier for members and member
organizations to read and understand.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    Removing rule text within Options 4, Section 3(h) at the end of the
paragraph and creating separate paragraphs for Options 4, Section
3(h)(1) and (2) does not impose an undue burden on competition, rather
it will de-link these subparagraphs so they are read independently.
Today, Options 4, Section 3(h)(1) applies to all Exchange-Traded Fund
Shares. Clarifying Options 4, Section 3(h)(2) applies to only
international or global Exchange-Traded Fund Shares that include non-
U.S. securities will bring greater clarity to the qualification
standards for listing options on Exchange-Traded Fund Shares.
Specifically, this language is intended to serve as a guidepost and
clarify that (1) subparagraph (h)(2) does not apply to an Exchange-
Traded Fund Shares based on a U.S. domestic index or portfolio, and (2)
subparagraph (h)(2) includes Exchange-Traded Fund Shares that track a
portfolio and do not track an index. The Exchange will uniformly apply
the criteria within Options 4, Section 3 when it lists options products
on Phlx.
    Removing rule text within Options 4, Section 3(h)(2)(A) does not
impose an undue burden on competition. Today, Options 4, Section 3(h),
subparagraphs (h)(1) and (h)(v) permit the Exchange to list options on
Exchange-Traded Fund Shares based on generic listing standards for
portfolio depositary receipts and index fund shares without applying
component-based requirements in subparagraphs (h)(2)(B)-(D). By
removing the proposed rule text, the Exchange would make clear that
subparagraph (h)(2)(A) applies to Exchange-Traded Fund Shares based on
international or global indexes, or portfolios that include non-U.S.
securities, that are listed pursuant to generic listing standards and
comply with Options 4, Section 3(h) and subparagraph (h)(1). The
Exchange will uniformly apply the criteria within Options 4, Section 3
when it lists options products on Phlx.
    Replacing the term ``comprehensive surveillance agreement'' within
Options 4, Section 3(h)(2)(A)-(D) with ``comprehensive surveillance
sharing agreement'' does not impose an undue burden on competition as
the new phrase will bring greater clarity to the rule.
    Adding the phrase ``if not available or applicable, the Exchange-
Traded Fund's'' to Options 4, Section 3(h)(2)(B), (C), and (D) does not
impose an undue burden on competition as it will clarify that when
component securities are not available, the portfolio of securities
upon which the Exchange-Traded Fund Share is based can be used instead.
    Relocating the rule text within Options 4, Section 3(h)(2)(B), (C),
and (D) will bring greater clarity to the current rule text by
explicitly providing that the index being referenced is the one on
which the Exchange-Traded Fund Shares is based. Also, adding ``or
portfolio'' to Options 4, Section 3(h)(2)(C), and (D) will bring
greater clarity to the rule text by conforming the rule text of (C) and
(D) to the language within (B).
    The Exchange does not expect that its proposed changes to
incorporate Phlx's

Options 4 Rules to ISE's Options 4 Rules will have any competitive
impact on Phlx's listing rules, to the contrary, the Exchange hopes
that by clarifying, reorganizing, and streamlining its listing rules,
the Exchange's listing process will be clear. The proposed changes will
apply equally to all market participants.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-53 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2021-53. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2021-53 and should be submitted on
or before October 12, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20329 Filed 9-20-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Proposed Rules]
[Pages 64438-64440]
[FR Doc No: 2021-25042]

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

40 CFR Part 52

[EPA-R10-OAR-2021-0750, FRL-9189-01-R10]

Air Plan Approval; Washington; Update to the Yakima Regional
Clean Air Agency Wood Heater and Burn Ban Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve submitted revisions to the Yakima Regional Clean Air Agency
(YRCAA) regulations designed to control particulate matter from
residential wood heaters, such as woodstoves and fireplaces. The
updated YRCAA regulations set fine particulate matter trigger levels
for impaired air quality burn bans, consistent with statutory changes
enacted by the Washington State Legislature. The submission also
contains updates to improve the clarity of the language and align with
the statewide solid fuel burning device regulations already applicable
in YRCAA's jurisdiction. We are proposing to approve these changes
because they meet the requirements of the Clean Air Act and strengthen
the Washington SIP.

DATES: Comments must be received on or before December 20, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0750 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On July 1, 1987, the EPA published revised National Ambient Air
Quality Standards (NAAQS) for particulate matter focused on inhalable
coarse particles (PM10) that are 10 micrometers in diameter
or smaller (52 FR 24634). The PM10 standard most relevant to
Washington was the 24-hour PM10 NAAQS.\1\ The EPA set the
24-hour PM10 NAAQS at 150 micrograms per cubic meter ([mu]g/
m\3\), not to be exceeded more than once per year on average over a
three-year period. On August 7, 1987, the EPA identified the Yakima
area as a PM10 ``Group I'' area of concern, i.e., an area
with a 95% or greater likelihood of violating the PM10 NAAQS
(52 FR 29383). The U.S. Congress subsequently designated the Yakima
area as a moderate PM10 nonattainment area upon enactment of
the Clean Air Act Amendments of 1990 (November 15, 1990).\2\ On March
24, 1989, the Washington Department of Ecology (Ecology) submitted a
plan for attaining the 24-hour PM10 NAAQS, amended with
additional submissions between 1992 and 1995. The EPA approved the plan
on February 2, 1998 (63 FR 5269). One element of the approved
PM10 attainment plan was the residential wood smoke
curtailment program codified in local regulation at YRCAA, Article IX,
Woodstove and Fireplaces. On February 8, 2005, the EPA redesignated the
Yakima area to attainment for PM10 based on the existing set
of control measures contained in the attainment plan (70 FR 6591).\3\
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    \1\ No areas in Washington violated the annual PM10
NAAQS, which the EPA subsequently revoked on October 17, 2006 (71 FR
61144).
    \2\ See 40 CFR 81.348 for legal description and current
designation.
    \3\ Ibid.
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    On July 18, 1997, the EPA published a revision to the particulate
matter standards to establish the fine particulate matter
(PM2.5) NAAQS for particles that are 2.5 micrometers in
diameter or smaller, based on significant evidence and numerous health
studies demonstrating that serious health effects are associated with
exposures to PM2.5 (62 FR 38652). The EPA's revised 1997
particulate matter standards included a 24-hour NAAQS of 65 [mu]g/m\3\
for PM2.5, based on a three-year average of the 98th
percentile of 24-hour concentrations. On October 17, 2006, the EPA
published a revision to the PM2.5 24-hour NAAQS, lowering
the level from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, based on additional
evidence and health studies (71 FR 61144).
    On February 2, 1998, the EPA approved Article IX, Woodstoves and
Fireplaces, adopted by YRCAA in 1993 and 1995 (63 FR 5269). This set of
adopted regulations predated the EPA's promulgation of the 1997 and
2006 PM2.5 NAAQS and focused on the 1987 PM10
NAAQS for residential woodstove curtailment. In a series of amendments
beginning in 2005, the Washington State Legislature revised the
underlying statutory authority contained in Chapter 70.94 \4\ Revised
Code of Washington (RCW) (Washington Clean Air Act) regarding
residential wood smoke curtailment programs to focus on the more recent
24-hour PM2.5 NAAQS. In a SIP revision approved by the EPA
on May 9, 2014, Ecology provided an analysis covering former
PM10 nonattainment areas in both Western and Eastern
Washington, including the Yakima area, to demonstrate that wood smoke
curtailment programs focused on the more recent 24-hour
PM2.5 NAAQS will provide continued maintenance of the 24-
hour PM10 NAAQS (79 FR 26628). The EPA agreed with Ecology's
analysis and approved revisions to the statewide regulations contained
in Chapter 173-433 Washington Administrative Code (WAC) Solid Fuel
Burning Devices (May 9, 2014, 79 FR 26628). These revisions removed the
PM10 burn ban trigger levels and replaced them with
PM2.5 trigger levels, consistent with the changes to RCW
70.94.473 \5\ of the Washington Clean Air Act.\6\
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    \4\ This statute was re-codified on June 11, 2020, to Chapter
70A.15 RCW. There were no substantive changes to the statutory text
except updated cross references.
    \5\ Re-codified to RCW 70A.15.3580 with no substantive changes
to the statutory text.
    \6\ YRCAA continues to operate a PM10 monitor, in
addition to the collocated PM2.5 monitor, to verify
compliance with both the PM10 and PM2.5 NAAQS
(Yakima-4th Ave S, monitor ID #530770009). Ecology's 2014 analysis,
based on these collocated monitors, determined that PM2.5
concentrations would need to reach 62 [mu]g/m\3\ before triggering
the former PM10 level for a stage 1 impaired air quality
burn ban. Therefore, the current trigger level established under
Chapter 70A.15.3580 of the Washington Clean Air Act (forecasted to
reach or exceed PM2.5 concentrations of 30 [mu]g/m\3\) is
the controlling standard. Similarly, PM2.5 concentrations
would need to reach 76 [mu]g/m\3\ to exceed the former
PM10 trigger level for a stage 2 impaired air quality
burn ban. See 79 FR 26628 (May 9, 2014).
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II. Summary of SIP Revision

    In the October 14, 2021 submission that is the subject of this
action, Ecology and YRCAA requested that the EPA approve changes to
Regulation 1, sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by
YRCAA on October 8, 2020, to replace the outdated 1993 and 1995 Article
IX provisions previously approved into the SIP.\7\ The submitted
revisions, state effective on November 9, 2020, align the YRCAA wood
heater and impaired air quality burn ban regulations with the
Washington Clean Air Act statutory changes discussed above, as well as
the EPA-approved changes to Ecology's statewide solid fuel burning
device regulations. The definition of ``wood heater'' in Regulation 1,
section 3.04 is consistent with the term ``solid fuel burning device''
in the Washington Clean Air Act. Specifically, section 3.04(B)
Applicability states, ``This section applies to any solid fuel burning
device which, as defined by RCW 70A.15.3510, burns wood, wood products,
or other nongaseous or non-liquid fuels, including those rated less
than one million British thermal unit (Btu) per hour.'' Aside from this
difference in terminology, the YRCAA regulations generally mirror and
cite to the statewide Chapter 173-433 WAC provisions already applicable
in YRCAA's jurisdiction. An analysis of the YRCAA regulations is
included in the docket for this action.
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    \7\ We note that the October 14, 2021 submission also includes
outdoor burning regulations and other general air quality
regulations which the EPA will address in separate actions.
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    We note that the former Article IX regulations adopted in 1993 and
1995 included a ``Woodsmoke Control Zone,'' which imposed impaired air
quality burn ban requirements on a portion of Yakima County generally
corresponding to the boundaries of the northern half of the county
which encompassed the former PM10 nonattainment area.\8\
YRCAA's current regulations expand applicability of impaired air
quality burn bans to all of Yakima County, except for lands located
within the external boundaries of the Yakama Indian Reservation.
Because this revision strengthens the SIP by expanding the geographic
scope of the curtailment program, we are proposing to approve YRCAA's
elimination of the Woodsmoke Control Zone from the regulations.
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    \8\ See 40 CFR 81.348 for legal description and current
designation.
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III. Proposed Action

    The EPA is proposing to approve and incorporate by reference
Regulation 1, sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by
YRCAA effective November 9, 2020. These revisions strengthen the SIP in
several ways, including by revising burn ban trigger

levels to align with the Washington State Legislature's statutory
changes focused on the more recent 24-hour PM2.5 NAAQS and
expanding the burn ban applicability beyond the former Woodsmoke
Control Zone. The EPA is also proposing to determine that Regulation 1,
sections 3.04 Wood Heaters and 3.05 Burn Bans, adopted by YRCAA
effective November 9, 2020 are consistent with section 110 of the Clean
Air Act. The EPA is soliciting public comments on YRCAA Regulation 1,
sections 3.04 Wood Heaters and 3.05 Burn Bans which will be considered
before taking final action. We are also proposing to remove from the
SIP the outdated 1993 and 1995 Article IX provisions Woodstoves and
Fireplaces, which are replaced by sections 3.04 and 3.05. We note that
the October 14, 2021 submission also includes outdoor burning
regulations and other general air quality regulations which the EPA
will address in separate actions.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference YRCAA Regulation 1, sections 3.04 and 3.05 discussed in
section III of this preamble and remove from the incorporation by
reference YRCAA Regulation 1, Article IX which is replaced by sections
3.04 and 3.05. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 10 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed 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);
     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 the requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action would not apply on any Indian
reservation land or in any other area where the 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). Consistent
with EPA policy, the EPA provided an opportunity to request
consultation to the Confederated Tribes and Bands of the Yakama Nation
in a letter dated April 5, 2021.

List of Subjects in 40 CFR Part 52

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

    Dated: November 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-25042 Filed 11-17-21; 8:45 am]
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[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41508-41509]
[FR Doc No: 2023-13660]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0504]

Safety Zones; Recurring Events in Captain of the Port Duluth--
City of Bayfield 4th of July Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the City of
Bayfield Fireworks in Bayfield, WI. This action is necessary to protect
participants and spectators during the City of Bayfield Fireworks.
During the enforcement period, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Duluth or designated on-scene representative.

DATES: The regulations in 33 CFR 165.943, table 1, paragraph (3) will
be enforced from 9:30 p.m. through 10 p.m. on July 4, 2023, for the
City of Bayfield Fireworks safety zone.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Joe McGinnis, telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the annual City of Bayfield 4th of July Fireworks Display in 33 CFR
165.943 from 9:30 p.m. through 10 p.m. on July 4, 2023. All waters of
the Lake Superior North Channel in Bayfield, WI within the arc of a
circle with a radius of no more than 1,120 feet from the launch site at
position 46[deg]48'40'' N, 090[deg]48'32'' W.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or their
designated on-scene representative. The Captain of the Port's
designated on-scene representative may be contacted via VHF Channel 16.

    This document is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552(a). In addition to this publication in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of the enforcement of this safety zone via Broadcast
Notice to Mariners.

    Dated: June 21, 2023.
J.M. DeWitz,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2023-13660 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21719-21720]
[FR Doc No: 2011-9297]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP04-274-028.
    Applicants: Kern River Gas Transmission Company.
    Description: Additional Refund Report of Kern River Gas
Transmission Company.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5088.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP10-1152-002.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company, LLC submits tariff
filing per 154.203: Implement Settlement correction to be effective 4/
1/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5080.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP11-1918-001.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Pine Needle LNG Company, LLC submits tariff filing per
154.205(b): PN EP and Fuel Tracker Amended For Approved Stipulation and
Agreement Rates to be effective 5/1/2011.
    Filed Date: 04/06/2011.
    Accession Number: 20110406-5086.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP11-1776-001.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Nautilus Pipeline Company, L.L.C. submits tariff
filing per 154.203: Nautilus Non-Conforming Agreements Refile to be
effective 2/14/2011.
    Filed Date: 04/07/2011.
    Accession Number: 20110407-5109.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 19, 2011.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before 5 p.m. Eastern time on the specified

comment date. Anyone filing a protest must serve a copy of that
document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: April 12, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-9297 Filed 4-15-11; 8:45 am]
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[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Page 67765]
[FR Doc No: 2020-23600]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3545-EM; Docket ID FEMA-2020-0001]

Alabama; Emergency 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 an
emergency for the State of Alabama (FEMA-3545-EM), dated September 14,
2020, and related determinations.

DATES: The declaration was issued September 14, 2020.

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 September 14, 2020, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the State of
Alabama resulting from Hurricane Sally beginning on September 14,
2020, and continuing, are of sufficient severity and magnitude to
warrant an emergency 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 an emergency
exists in the State of Alabama.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide Public Assistance Category B emergency
protective measures, including direct Federal assistance in selected
areas and Public Assistance Category B emergency protective
measures, limited to direct Federal assistance in the other
designated areas.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. 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 emergency
assistance and administrative expenses.
    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, Department
of Homeland Security, under Executive Order 12148, as amended, Allan
Jarvis, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared emergency.
    The following areas of the State of Alabama have been designated as
adversely affected by this declared emergency:

    Emergency protective measures (Category B), including direct
Federal assistance, under the Public Assistance program for Autauga,
Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers,
Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Conecuh,
Coosa, Covington, Crenshaw, Dale, Dallas, Elmore, Escambia, Etowah,
Geneva, Greene, Hale, Henry, Houston, Jefferson, Lee, Lowndes,
Macon, Marengo, Mobile, Monroe, Montgomery, Perry, Pickens, Pike,
Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa,
Tuscaloosa, Washington, and Wilcox Counties and the Poarch Band of
Creek Indians.
    Emergency protective measures (Category B), limited to direct
Federal assistance, under the Public Assistance program for Colbert,
Cullman, DeKalb, Fayette, Franklin, Jackson, Lamar, Lauderdale,
Lawrence, Limestone, Madison, Marion, Marshall, Morgan, Walker, and
Winston Counties.

    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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-23600 Filed 10-23-20; 8:45 am]
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