[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 84002-84004]
[FR Doc No: 2023-26492]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99028; File No. SR-CBOE-2023-061]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule

November 28, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 15, 2023, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fee Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 Exchange proposes to update its Fee Schedule to provide a 20%
discount on fees assessed to Exchange Members and non-Members that
purchase $20,000 or more of historical Open-Close Data, effective
November 15, 2023 through December 31, 2023.
    By way of background, the Exchange currently offers End-of-Day
(``EOD'') and Intraday Open-Close Data (collectively, ``Open-Close
Data''). EOD Open-Close Data is an end-of-day volume summary of trading
activity on the Exchange at the option level by origin (customer,
professional customer, broker-dealer, and market maker), side of the
market (buy or sell), price, and transaction type (opening or closing).
The customer and professional customer volume is further broken down
into trade size buckets (less than 100 contracts, 100-199 contracts,
greater than 199 contracts). The EOD Open-Close Data is proprietary
Exchange trade data and does not include trade data from any other
exchange. It is also a historical data product and not a real-time data
feed. The Exchange also offers Intraday Open-Close Data, which provides
similar information to that of EOD Open-Close Data but is produced and
updated every 10 minutes during the trading day. Data is captured in
``snapshots'' taken every 10 minutes throughout the trading day and is
available to subscribers within five minutes of the conclusion of each
10-minute period.\3\ The Intraday Open-Close Data provides a volume
summary of trading activity on the Exchange at the option level by
origin (customer, professional customer, broker-dealer, and market
maker), side of the market (buy or sell), and transaction type (opening
or closing). The customer and professional customer volume are further
broken down into trade size buckets (less than 100 contracts, 100-199
contracts, greater than 199 contracts). The Intraday Open-Close Data is
proprietary Exchange trade data and does not include trade data from
any other exchange. All Open-Close Data products are completely
voluntary products, in that the Exchange is not required by any rule or
regulation to make this data available and that potential customers may
purchase it on an ad-hoc basis only if they voluntarily choose to do
so.
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    \3\ For example, subscribers to the intraday product will
receive the first calculation of intraday data by approximately 9:42
a.m. ET, which represents data captured from 9:30 a.m. to 9:40 a.m.
Subscribers will receive the next update at 9:52 a.m., representing
the data previously provided together with data captured from 9:40
a.m. through 9:50 a.m., and so forth. Each update will represent the
aggregate data captured from the current ``snapshot'' and all
previous ``snapshots.''
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    Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the
Exchange's parent company, Cboe Global Markets, Inc., makes the Open-
Close Data available for purchase to Members and non-Members on the
LiveVol DataShop website (datashop.cboe.com). Customers may currently
purchase Open-Close Data on a subscription basis (monthly or annually)
or by ad hoc request for a specified month (historical file, e.g.,
request for Intraday Open-Close Data for month of June 2023 or End-of-
Day Open-Close Data for month of June 2023). An ad-hoc request can be
for any number of months for which the data is available.
    Open-Close Data is subject to direct competition from similar end-
of-day and intraday options trading summaries offered by several other
options exchanges.\4\ All of these exchanges offer essentially the same
end-of-day and intraday options trading summary information.
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    \4\ These substitute products are: Nasdaq PHLX Options Trade
Outline, Nasdaq Options Trade Outline, ISE Profile, GEMX Trade
Profile data; open-close data from C2, EDGX, and BZX; Open Close
Reports from MIAX Options, Pearl, and Emerald; and NYSE Options
Open-Close Volume Summary.
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    The Exchange proposes to provide a temporary pricing incentive
program in which Members or Non-Members that purchase historical Open-
Close Data will receive a percentage fee discount where specific
purchase thresholds are met. Specifically, the Exchange proposes to
provide a 20% discount for ad-hoc purchases of historical Open-Close
Data of $20,000 or more.\5\ The proposed program will apply to all
market participants irrespective of whether the market participant is a
new or current purchaser; however, the discount cannot be combined with
any other discounts offered by the Exchange, including the academic
discount provided for Qualifying Academic Purchasers of historical
Open-Close Data. The Exchange intends to introduce the discount program
beginning

November 15, 2023, with the program remaining in effect through
December 31, 2023.
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    \5\ The discount will apply on an order-by-order basis. To
qualify for the discount, an order must contain End-of-Day Ad-hoc
Requests (historical data) and/or Intraday Ad-hoc Requests
(historical data) and must total $20,000 or more; the Exchange will
not aggregate purchases made throughout a billing cycle for purposes
of the incentive program. The discount will apply to the total
purchase price, once the $20,000 minimum purchase is satisfied (for
example, a qualifying order of $25,000 would be discounted to
$20,000, i.e. receive a 20% discount of $5,000).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. The Exchange believes the proposed fee
changes will further broaden the availability of U.S. option market
data to investors consistent with the principles of Regulation NMS.
Open-Close Data is designed to help investors understand underlying
market trends to improve the quality of investment decisions. Indeed,
purchasers of the data may be able to enhance their ability to analyze
option trade and volume data and create and test trading models and
analytical strategies. The Exchange believes Open-Close Data provides a
valuable tool that purchasers can use to gain comprehensive insight
into the trading activity in a particular series, but also emphasizes
such data is not necessary for trading and as noted above, is entirely
optional. Moreover, several other exchanges offer a similar data
product which offer same type of data content through end-of-day or
intraday reports.\9\
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    \9\ See supra note 4.
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    The Exchange also operates in a highly competitive environment.
Indeed, there are currently 17 registered options exchanges that trade
options. Based on publicly available information, no single options
exchange has more than 15% of the market share.\10\ The Commission has
repeatedly expressed its preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. Particularly, in Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \11\ Making similar data products available to
market participants fosters competition in the marketplace, and
constrains the ability of exchanges to charge supracompetitive fees. In
the event that a market participant views one exchange's data product
as more or less attractive than the competition they can and do switch
between similar products. The proposed fees are a result of the
competitive environment, as the Exchange seeks to adopt fees to attract
purchasers of historical Open-Close Data.
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    \10\ See Cboe Global Markets U.S. Options Market Month-to-Date
Volume Summary (November 8, 2023), available at https://markets.cboe.com/us/options/market_statistics/.
    \11\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    The Exchange believes that the proposed incentive program for any
Member or non-Member who purchases historical Open-Close Data is
reasonable because such purchasers would receive a 20% discount for
purchasing $20,000 or more worth of historical Open-Close Data. The
Exchange believes the proposed discount is reasonable as it will give
purchasers the ability to use and test the historical Open-Close Data
at a discounted rate, prior to purchasing additional months or a
monthly subscription, and will therefore encourage and promote users to
purchase the historical Open-Close Data. Further, the proposed discount
is intended to promote increased use of the Exchange's historical Open-
Close Data by defraying some of the costs a purchaser would ordinarily
have to expend before using the data product. The Exchange believes
that the proposed discount is equitable and not unfairly discriminatory
because it will apply equally to all Members and non-Members who
purchase historical Open-Close Data. Lastly, the purchase of this data
product is discretionary and not compulsory. Indeed, no market
participant is required to purchase the historical Open-Close Data, and
the Exchange is not required to make the historical Open-Close Data
available to all investors. Potential purchasers may request the data
at any time if they believe it to be valuable or may decline to
purchase such data.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange operates in a
highly competitive environment in which the Exchange must continually
adjust its fees to remain competitive. Because competitors are free to
modify their own fees in response, the Exchange believes that the
degree to which fee changes in this market may impose any burden on
competition is extremely limited. As discussed above, Open-Close Data
is subject to direct competition from several other options exchanges
that offer substitutes to Open-Close Data. Moreover, purchase of Open-
Close Data is optional. It is designed to help investors understand
underlying market trends to improve the quality of investment
decisions, but is not necessary to execute a trade.
    The proposed rule changes are grounded in the Exchange's efforts to
compete more effectively. In this competitive environment, potential
purchasers are free to choose which, if any, similar product to
purchase to satisfy their need for market information. As a result, the
Exchange believes this proposed rule change permits fair competition
among national securities exchanges. Further, the Exchange believes
that these changes will not cause any unnecessary or inappropriate
burden on intermarket competition, as the proposed incentive program
applies uniformly to any purchaser of historical Open-Close Data.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 \13\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CBOE-2023-061 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-CBOE-2023-061. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CBOE-2023-061 and should be
submitted on or before December 22, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-26492 Filed 11-30-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13201-13202]
[FR Doc No: 2015-05701]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0467; Airspace Docket No. 14-ANM-7]

Establishment of Class E Airspace; Spokane, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Spokane, WA, to
facilitate vectoring of Instrument Flight Rules (IFR) aircraft under
control of Seattle Air Route Traffic Control Center (ARTCC). This
action enhances the safety and management of IFR operations within the
National Airspace System (NAS).

DATES: Effective 0901 UTC, April 30, 2015. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Y, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and ATC Regulations
Group, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 29591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On November 19, 2014 the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E en route
domestic airspace at Spokane, WA (79 FR 68809). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. One comment was received from the
National Business Aviation Association in support of the proposal.
    Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9Y, dated August 6, 2014, and effective September 15,
2014, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Y, Airspace Designations and
Reporting Points, dated August 6, 2014, and effective September 15,
2014. FAA Order 7400.9Y is publicly available as listed in the
ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E en route domestic airspace extending upward
from 1,200 feet above the surface at Spokane, WA. By this action,
aircraft are contained while in IFR conditions under control of Seattle
ARTCC by vectoring aircraft from en route airspace to terminal areas.
This action enhances the safety and

management of controlled airspace within the NAS.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Spokane, WA.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 6006 En route domestic airspace areas.

* * * * *

ANM WA E6 Spokane, WA [New]

Spokane, WA

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 45[deg]49'52'' N., long.
118[deg]02'34'' W.; to lat. 44[deg]50'06'' N., long. 117[deg]05'33''
W.; to lat. 45[deg]50'00'' N., long. 115[deg]45'00'' W.; to lat.
46[deg]02'00'' N., long. 115[deg]45'00'' W.; to lat. 48[deg]24'00''
N., long. 115[deg]44'57'' W.; to lat. 49[deg]00'00'' N., long.
115[deg]30'00'' W.; to lat. 49[deg]00'00'' N., long. 120[deg]00'00''
W.; to lat. 46[deg]23'19'' N., long. 121[deg]07'50'' W.; to lat.
45[deg]09'13'' N., long. 119[deg]01'43'' W.; thence to the point of
beginning.

Johanna Forkner,
Acting Manager, Operations Support Group, Western Service Center, AJV-
W2.
[FR Doc. 2015-05701 Filed 3-12-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Proposed Rules]
[Page 68119]
[FR Doc No: 2022-24662]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2004-0014; FRL-4940.2-04-OAR]

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NNSR): Reconsideration of Fugitive Emissions Rule;
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On October 14, 2022, the Environmental Protection Agency (EPA)
proposed a rule titled, ``Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NNSR): Reconsideration of Fugitive
Emissions Rule,'' FR Doc 2022-22259. The EPA has received a request for
additional time to review and comment on the proposed rule revisions.
The EPA is extending the comment period on the proposed rule that was
scheduled to close on December 13, 2022, for sixty days.

DATES: The public comment period for the proposed rule published in the
Federal Register on October 14, 2022 (87 FR 62322), is being extended
for sixty days. Written comments must be received on or before February
14, 2023.

ADDRESSES: The EPA has established docket number EPA-HQ-OAR-2004-0014
for this action. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For additional information on this
action, contact Mr. Ben Garwood, Air Quality Policy Division, Office of
Air Quality Planning and Standards (C539-01), Environmental Protection
Agency, 109 TW Alexander Drive, Research Triangle Park, NC 27711;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: After considering the requests to extend the
public comment period received from various parties, the EPA has
decided to extend the public comment period until February 14, 2023.
This extension will ensure that the public has additional time to
review the proposed rule. At the party's request, the EPA will add a
redline/strikeout of the rule text to the docket. This will provide
specificity and clarity to the proposed rule text changes.

Scott Mathias,
Director, Air Quality Policy Division, Office of Air Quality Planning
and Standards.
[FR Doc. 2022-24662 Filed 11-10-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Notices]
[Pages 5971-5976]
[FR Doc No: 2020-01902]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

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

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

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

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

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

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                               Location and case      Chief executive officer of                                                              Community
       State and county               No.                      community               Community map repository     Date of modification         No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa (FEMA Docket      City of Buckeye    The Honorable Jackie A. Meck,       Engineering Department,    Nov. 22, 2019.............       040039
     No.: B-1956).              (19-09-0337P).     Mayor, City of Buckeye, 530 East    530 East Monroe Avenue,
                                                   Monroe Avenue, Buckeye, AZ 85326.   Buckeye, AZ 85326.
    Maricopa (FEMA Docket      City of Mesa (19-  The Honorable John Giles, Mayor,    City Hall, Engineering     Dec. 30, 2019.............       040048
     No.: B-1960).              09-0940P).         City of Mesa, P.O. Box 1466,        Department, 20 East Main
                                                   Mesa, AZ 85211.                     Street #500, Mesa, AZ
                                                                                85201.
    Maricopa (FEMA Docket      Town of Fountain   The Honorable Ginny Dickey, Mayor,  Town Hall, 16705 East      Nov. 29, 2019.............       040135
     No.: B-1956).              Hills (18-09-      Town of Fountain Hills, 16705       Avenue of The Fountains,
                                2286P).            East Avenue of The Fountains,       Fountain Hills, AZ
                                                   Fountain Hills, AZ 85268.           85268.
    Pima (FEMA Docket No.: B-  City of Tucson     The Honorable Jonathan Rothschild,  Planning and Development   Nov. 18, 2019.............       040076
     1953).                     (19-09-0058P).     Mayor, City of Tucson, City Hall,   Services, Public Works
                                                   255 West Alameda Street, 10th       Building, 201 North
                                                   Floor, Tucson, AZ 85701.            Stone Avenue, Tucson, AZ
                                                                                85701.
    Pima (FEMA Docket No.: B-  Unincorporated     The Honorable Richard Elias,        Pima County Flood Control  Nov. 18, 2019.............       040073
     1953).                     Areas of Pima      Chairman, Board of Supervisors,     District, 201 North
                                County (19-09-     Pima County, 130 West Congress      Stone Avenue, 9th Floor,
                                0058P).            Street, 11th Floor, Tucson, AZ      Tucson, AZ 85701.
                                                   85701.
    Santa Cruz (FEMA Docket    Unincorporated     The Honorable Rudy Molera,          Santa Cruz County Flood    Dec. 16, 2019.............       040090
     No.: B-1960).              Areas of Santa     Chairman, Board of Supervisors,     Control District,
                                Cruz County (19-   Santa Cruz County, 2150 North       Gabilondo-Zehentner
                                09-1888P).         Congress Drive, Nogales, AZ         Building, 275 Rio Rico
                                                   85621.                              Drive, Rio Rico, AZ
                                                                                85648.
California:
    Kern (FEMA Docket No.: B-  City of Delano     The Honorable Joe E. Aguirre,       Community Development,     Dec. 12, 2019.............       060078
     1960).                     (17-09-2119P).     Mayor, City of Delano, 1015 11th    1015 11th Avenue,
                                                   Avenue, Delano, CA 93215.           Delano, CA 93215.
    Kern (FEMA Docket No.: B-  Unincorporated     The Honorable David Couch,          Kern County Planning       Dec. 12, 2019.............       060075
     1960).                     Areas of Kern      Chairman, Board of Supervisors,     Department, 2700 M
                                County (17-09-     Kern County, 1115 Truxtun Avenue,   Street, Suite 100,
                                2119P).            5th Floor, Bakersfield, CA 93301.   Bakersfield, CA 93301.
    Napa (FEMA Docket No.: B-  Unincorporated     The Honorable Ryan Gregory,         Napa County, Public Works  Nov. 4, 2019..............       060205
     1953).                     Areas of Napa      Chairman, Board of Supervisors,     Department, 1195 3rd
                                County (18-09-     Napa County, 1195 3rd Street,       Street, Suite 101, Napa,
                                1735P).            Suite 310, Napa, CA 94559.          CA 94559.
    Orange (FEMA Docket No.:   City of Fountain   The Honorable Steve Nagel, Mayor,   City Hall, 10200 Slater    Nov. 15, 2019.............       060218
     B-1953).                   Valley (19-09-     City of Fountain Valley, 10200      Avenue, Fountain Valley,
                                0812P).            Slater Avenue, Fountain Valley,     CA 92708.
                                                   CA 92708.
    Orange (FEMA Docket No.:   City of            The Honorable Erik Peterson,        City Hall, 2000 Main       Nov. 15, 2019.............       065034
     B-1953).                   Huntington Beach   Mayor, City of Huntington Beach,    Street, Huntington
                                (19-09-0812P).     2000 Main Street, Huntington        Beach, CA 92648.
                                                   Beach, CA 92648.
    Orange (FEMA Docket No.:   City of            The Honorable Tri Ta, Mayor, City   City Hall, 8200            Nov. 15, 2019.............       060237
     B-1953).                   Westminster (19-   of Westminster, 8200 Westminster    Westminster Boulevard,
                                09-0812P).         Boulevard, Westminster, CA 92683.   Westminster, CA 92683.

    Orange (FEMA Docket No.:   Unincorporated     The Honorable Lisa A. Bartlett,     Orange County Flood        Nov. 15, 2019.............       060212
     B-1953).                   Areas of Orange    Chair, Board of Supervisors,        Control Division, H.G.
                                County (19-09-     Orange County, 333 West Santa Ana   Osborne Building, 300
                                0812P).            Boulevard, Santa Ana, CA 92701.     North Flower Street 7th
                                                                                Floor, Santa Ana, CA
                                                                                92703.
    Riverside (FEMA Docket     Agua Caliente      The Honorable Jeff L. Grubbe,       Tribal Administrative      Nov. 29, 2019.............       060763
     No.: B-1956).              Band of Cahuilla   Chairman, Agua Caliente Band of     Office, Planning and
                                Indian             Cahuilla Indians, 5401 Dinah        Natural Resources, 5401
                                Reservation (18-   Shore Drive, Palm Springs, CA       Dinah Shore Drive, Palm
                                09-1802P).         92264.                              Springs, CA 92264.
    Riverside (FEMA Docket     City of Cathedral  The Honorable Mark Carnevale,       Engineering Department,    Nov. 29, 2019.............       060704
     No.: B-1956).              City (18-09-       Mayor, City of Cathedral City,      68700 Avenida Lalo
                                1802P).            68700 Avenida Lalo Guerrero,        Guerrero, Cathedral
                                                   Cathedral City, CA 92234.           City, CA 92234.
    Riverside (FEMA Docket     City of Lake       The Honorable Steve Manos, Mayor,   Engineering Division, 130  Dec. 9, 2019..............       060636
     No.: B-1956).              Elsinore (19-09-   City of Lake Elsinore, 130 South    South Main Street, Lake
                                0548P).            Main Street, Lake Elsinore, CA      Elsinore, CA 92530.
                                                   92530.
    Riverside (FEMA Docket     City of Palm       The Honorable Robert Moon, Mayor,   Public Works and           Nov. 29, 2019.............       060257
     No.: B-1956).              Springs (18-09-    City of Palm Springs, 3200 East     Engineering Department,
                                1802P).            Tahquitz Canyon Way, Palm           3200 East Tahquitz
                                                   Springs, CA 92262.                  Canyon Way, Palm
                                                                                Springs, CA 92262.
    Riverside (FEMA Docket     City of Rancho     The Honorable Iris Smotrich,        City Hall, 69825 Highway   Nov. 29, 2019.............       060259
     No.: B-1956).              Mirage (18-09-     Mayor, City of Rancho Mirage,       111, Rancho Mirage, CA
                                1802P).            69825 Highway 111, Rancho Mirage,   92270.
                                                   CA 92270.
    Riverside (FEMA Docket     City of Wildomar   The Honorable Marsha Swanson,       City Hall, 23873 Clinton   Dec. 9, 2019..............       060221
     No.: B-1956).              (19-09-0548P).     Mayor, City of Wildomar, 23873      Keith Road, Suite 201,
                                                   Clinton Keith Road, Suite 201,      Wildomar, CA 92595.
                                                   Wildomar, CA 92595.
    San Bernardino (FEMA       City of San        The Honorable John Valdivia,        City Hall, 290 North D     Nov. 22, 2019.............       060281
     Docket No.: B-1956).       Bernardino (18-    Mayor, City of San Bernardino,      Street, San Bernardino,
                                09-1543P).         290 North D Street, San             CA 92401.
                                                   Bernardino, CA 92401.
    San Luis Obispo (FEMA      City of San Luis   The Honorable Heidi Harmon, Mayor,  City Hall, 990 Palm        Nov. 14, 2019.............       060310
     Docket No.: B-1956).       Obispo (19-09-     City of San Luis Obispo, 990 Palm   Street, San Luis Obispo,
                                0399P).            Street, San Luis Obispo, CA         CA 93401.
                                                   93401.
    Santa Clara (FEMA Docket   City of San Jose   The Honorable Sam Liccardo, Mayor,  Department of Public       Dec. 3, 2019..............       060349
     No.: B-1956).              (19-09-1253P).     City of San Jose, 200 East Santa    Works, 200 East Santa
                                                   Clara Street, 18th Floor, San       Clara Street Tower, 5th
                                                   Jose, CA 95113.                     Floor, San Jose, CA
                                                                                95113.
    Santa Clara (FEMA Docket   City of Santa      The Honorable Lisa M. Gillmor,      Planning and Inspection    Dec. 19, 2019.............       060350
     No.: B-1960).              Clara (19-09-      Mayor, City of Santa Clara, 1500    Department, 1500
                                0759P).            Warburton Avenue, Santa Clara, CA   Warburton Avenue, Santa
                                                   95050.                              Clara, CA 95050.
Florida:
    Clay (FEMA Docket No.: B-  Unincorporated     The Honorable Mike Cella,           Clay County, Public Works  Nov. 22, 2019.............       120064
     1953).                     Areas of Clay      Chairman, Clay County Board of      Department, 5 Esplanade
                                County (19-04-     County Commissioners, P.O. Box      Avenue, Green Cove
                                3655P).            1366, Green Cove Springs, FL        Springs, FL 32043.
                                                   32043.
    St. Johns (FEMA Docket     Unincorporated     The Honorable Paul M. Waldron,      St. Johns County Permit    Nov. 14, 2019.............       125147
     No.: B-1953).              Areas of St.       Chair, Board of County              Center, 4040 Lewis
                                Johns County (19-  Commissioners, St. Johns County     Speedway, St. Augustine,
                                04-2832P).         Administration Building, 500 San    FL 32084.
                                                   Sebastian View, St. Augustine, FL
                                                   32084.
    St. Johns (FEMA Docket     Unincorporated     The Honorable Paul M. Waldron,      St. Johns County Permit    Dec. 19, 2019.............       125147
     No.: B-1960).              Areas of St.       Chair, Board of County              Center, 4040 Lewis
                                Johns County (19-  Commissioners, St. Johns County     Speedway, St. Augustine,
                                04-4306P).         Administration Building, 500 San    FL 32084.
                                                   Sebastian View, St. Augustine, FL
                                                   32084.
    Walton (FEMA Docket No.:   Unincorporated     Mr. Trey Nick, District 4           Walton County Courthouse   Oct. 17, 2019.............       120317
     B-1949).                   Areas of Walton    Commissioner, 263 Chaffin Avenue,   Annex, 47 North 6th
                                County (19-04-     DeFuniak Springs, FL 32433.         Street, DeFuniak
                                0237P).                                                Springs, FL 32435.
Hawaii: Honolulu (FEMA Docket  City and County    The Honorable Kirk Caldwell,        Honolulu City and County   Nov. 25, 2019.............       150001
 No.: B-1956).                  of Honolulu (18-   Mayor, City and County of           Department of Planning
                                09-2230P).         Honolulu, 530 South King Street,    and Permitting, 650
                                                   Room 306, Honolulu, HI 96813.       South King Street,
                                                                                Honolulu, HI 96813.
Idaho:
    Ada (FEMA Docket No.: B-   City of Meridian   The Honorable Tammy De Weerd,       Public Works Department,   Nov. 22, 2019.............       160180
     1956).                     (19-10-0285P).     Mayor, City of Meridian, Meridian   660 East Water Tower
                                                   City Hall, 33 East Broadway         Lane, Meridian, ID
                                                   Avenue, Suite 300, Meridian, ID     83642.
                                                   83642.
    Canyon (FEMA Docket No.:   City of Nampa (19- The Honorable Debbie Kling, Mayor,  City Hall, 411 3rd Street  Dec. 11, 2019.............       160038
     B-1960).                   10-0247P).         City of Nampa, 411 3rd Street       South, Nampa, ID 83651.
                                                   South, Nampa, ID 83651.
    Latah (FEMA Docket No.: B- City of Moscow     The Honorable Bill Lambert, Mayor,  Paul Mann Building, 221    Nov. 20, 2019.............       160090
     1953).                     (18-10-1024P).     City of Moscow, P.O. Box 9203,      East 2nd Street, Moscow,
                                                   Moscow, ID 83843.                   ID 83843.

    Latah FEMA Docket No.: B-  Unincorporated     Mr. Tom Lamar, Chairperson, Latah   Latah County Courthouse,   Dec. 5, 2019..............       160086
     1956).                     Areas of Latah     County Board of Commissioners,      522 South Adams Street,
                                County (19-10-     P.O. Box 8068, Moscow, ID 83843.    Moscow, ID 83843.
                                0327P)
Illinois:
    DuPage (FEMA Docket No.:   City of            The Honorable David L. Brummel,     City Hall, 28W701          Jan. 9, 2020..............       170218
     B-1971).                   Warrenville (19-   Mayor, City of Warrenville,         Stafford Place,
                                05-2162P).         28W701 Stafford Place,              Warrenville, IL 60555.
                                                   Warrenville, IL 60555.
    DuPage (FEMA Docket No.:   Unincorporated     The Honorable Dan Cronin,           DuPage County              Jan. 9, 2020..............       170197
     B-1971).                   Areas of DuPage    Chairman, DuPage County Board,      Administration Building,
                                County (19-05-     421 North County Farm Road,         Stormwater Management,
                                2162P).            Wheaton, IL 60187.                  421 North County Farm
                                                                                Road, Wheaton, IL 60187.
    Marshall (FEMA Docket      City of Wenona     The Honorable Jamie Durham, Mayor,  City Hall, 226 South       Jan. 9, 2020..............       170462
     No.: B-1971).              (19-05-3185P).     City of Wenona, P.O. Box 601,       Chestnut Street, Wenona,
                                                   Wenona, IL 61377.                   IL 61377.
    Marshall (FEMA Docket      Unincorporated     The Honorable Gary R. Kroeschen,    Marshall County            Jan. 9, 2020..............       170994
     No.: B-1971).              Areas of           Chairman, Marshall County Board,    Courthouse, 122 North
                                Marshall County    P.O. Box 328, Lacon, IL 61540.      Prairie Street, Lacon,
                                (19-05-3185P).                                         IL 61540.
    St. Clair (FEMA Docket     City of O'Fallon   The Honorable Herb Roach, Mayor,    City Hall, 255 South       Dec. 20, 2019.............       170633
     No.: B-1960).              (18-05-3948P).     City of O'Fallon, 255 South         Lincoln Avenue,
                                                   Lincoln Avenue, O'Fallon, IL        O'Fallon, IL 62269.
                                                   62269.
    St. Clair (FEMA Docket     Unincorporated     The Honorable Mark Kern, Chairman,  St. Clair County           Dec. 20, 2019.............       170616
     No.: B-1960).              Areas of St.       St. Clair County Board, 10 Public   Courthouse, 10 Public
                                Clair County (18-  Square, Belleville, IL 62220.       Square, Belleville, IL
                                05-3948P).                                             62220.
Iowa:
    Polk (FEMA Docket No.: B-  City of Grimes     The Honorable Scott Mikkelsen,      City Hall, 101 Northeast   Dec. 6, 2019..............       190228
     1960).                     (18-07-2087P).     Mayor, City of Grimes, City Hall,   Harvey Street, Grimes,
                                                   101 Northeast Harvey Street,        IA 50111.
                                                   Grimes, IA 50111.
    Polk (FEMA Docket No.: B-  City of Urbandale  The Honorable Bob Andeweg, Mayor,   City Hall, 3600 86th       Dec. 6, 2019..............       190230
     1960).                     (18-07-2087P).     City of Urbandale, City Hall,       Street, Urbandale, IA
                                                   3600 86th Street, Urbandale, IA     50322.
                                                   50322.
Kansas:
    Shawnee (FEMA Docket No.:  City of Topeka     The Honorable Michelle De La Isla,  Engineering Division, 620  Dec. 24, 2019.............       205187
     B-1960).                   (19-07-0967P).     Mayor, City of Topeka, 215          Southeast Madison
                                                   Southeast 7th Street Room 350,      Street, Topeka, KS
                                                   Topeka, KS 66603.                   66603.
    Shawnee (FEMA Docket No.:  Unincorporated     Mr. Bob Archer, Chairperson,        Shawnee County Engineers   Dec. 24, 2019.............       200331
     B-1960).                   Areas of Shawnee   Shawnee County Board of             Office, 1515 Northwest
                                County (19-07-     Commissioners, 200 Southeast 7th    Saline Street, Topeka,
                                0967P).            Street B-11, Topeka, KS 66603.      KS 66618.
Michigan:
    Macomb (FEMA Docket No.:   Township of        Ms. Janet Dunn, Supervisor,         Township Hall, 54111       Nov. 7, 2019..............       260445
     B-1953).                   Macomb (18-05-     Township of Macomb, 54111           Broughton Road, Macomb,
                                5405P).            Broughton Road, Macomb, MI 48042.   MI 48042.
    Oakland (FEMA Docket No.:  City of Novi (19-  The Honorable Bob Gatt, Mayor,      Community Development      Oct. 25, 2019.............       260175
     B-1949).                   05-1154P).         City of Novi, 45175 Ten Mile        Office, 45175 Ten Mile
                                                   Road, Novi, MI 48375.               Road, Novi, MI 48375.
Minnesota:
    Dakota (FEMA Docket No.:   Unincorporated     Mr. Thomas Egan, Chair, Physical    Dakota County              Nov. 22, 2019.............       270101
     B-1956).                   Areas of Dakota    Development Committee, Dakota       Administration Center,
                                County (18-05-     County Board of Commissioners,      1590 Highway 55,
                                5246P).            Dakota County Administration        Hastings, MN 55033.
                                                   Center, 1590 Highway 55,
                                                   Hastings, MN 55033.
    Olmsted (FEMA Docket No.:  City of Rochester  The Honorable Kim Norton, Mayor,    City Hall, 201 4th Street  Oct. 31, 2019.............       275246
     B-1953).                   (19-05-0734P).     City of Rochester, City Hall, 201   Southeast, Rochester, MN
                                                   4th Street Southeast, Room 281,     55904.
                                                   Rochester, MN 55904.
    Olmsted (FEMA Docket No.:  Unincorporated     Commissioner Jim Bier,              Olmsted County Government  Oct. 31, 2019.............       270626
     B-1953).                   Areas of Olmsted   Chairperson, Olmsted County Board   Center, 151 4th Street
                                County (19-05-     of Commissioners, 151 4th Street    Southeast, Rochester, MN
                                0734P).            Southeast, Rochester, MN 55904.     55904.
Missouri: Jackson (FEMA        City of Lee's      The Honorable Bill Baird, Mayor,    Mayor's Office, 220        Dec. 19, 2019.............       290174
 Docket No.: B-1960).           Summit (19-07-     City of Lee's Summit, 220           Southeast Green Street,
                                0788P).            Southeast Green Street, Lee's       Lee's Summit, MO 64063.
                                                   Summit, MO 64063.
Nevada: Clark (FEMA Docket     City of North Las  The Honorable John J. Lee, Mayor,   Public Works Department,   Nov. 25, 2019.............       320007
 No.: B-1956).                  Vegas (19-09-      City of North Las Vegas, 2250 Las   2200 Civic Center Drive,
                                0818P).            Vegas Boulevard North, North Las    North Las Vegas, NV
                                                   Vegas, NV 89030.                    89030.
New Jersey: Passaic (FEMA      Borough of         The Honorable Keith Kazmark,        Municipal Building, Code   Dec. 13, 2019.............       340412
 Docket No.: B-1960).           Woodland Park      Mayor, Borough of Woodland Park,    Enforcement Office, 5
                                (19-02-0818P).     Municipal Building, 5 Brophy        Brophy Lane, Woodland
                                                   Lane, Woodland Park, NJ 07424.      Park, NJ 07424.
New Mexico:, San Juan (FEMA    City of            The Honorable Nate Duckett, Mayor,  Public Works Department,   Nov. 26, 2019.............       350067
 Docket No.: B-1956).           Farmington (18-    City of Farmington, 800 Municipal   805 Municipal Drive,
                                06-3856P).         Drive, Farmington, NM 87401.        Farmington, NM 87401.
New York:

    Rockland (FEMA Docket      Town of Ramapo     The Honorable Michael B. Specht,    Ramapo Office of the       Dec. 20, 2019.............       365340
     No.: B-1953).              (19-02-0049P).     Supervisor, Town of Ramapo, Town    Building Inspector, 237
                                                   Hall, 237 Route 59, Suffern, NY     Route 59, Suffern, NY
                                                   10901.                              10901.
    Wayne (FEMA Docket No.: B- Town of Walworth   Ms. Susie C. Jacobs, Supervisor,    Building Department, 3600  Dec. 6, 2019..............       361228
     1949).                     (18-02-2086P).     Town of Walworth, 3600 Lorraine     Lorraine Drive,
                                                   Drive, Walworth, NY 14568.          Walworth, NY 14568.
Ohio:
    Franklin (FEMA Docket      Unincorporated     Mr. John O'Grady Commissioner,      Franklin County Engineer   Dec. 20, 2019.............       390167
     No.: B-1960).              Areas of           Franklin County Board of            Office, 970 Dublin Road,
                                Franklin County    Commissioners, 373 South High       Columbus, OH 43215.
                                (19-05-3292P).     Street, 26th Floor, Columbus, OH
                                                   43215.
    Hamilton (FEMA Docket      City of            The Honorable John Cranley, Mayor,  City Hall, 801 Plum        Nov. 1, 2019..............       390210
     No.: B-1953).              Cincinnati (19-    City of Cincinnati, City Hall,      Street, Cincinnati, OH
                                05-2371P).         801 Plum Street, Suite 150,         45202.
                                                   Cincinnati, OH 45202.
    Tuscarawas (FEMA Docket    City of New        The Honorable Joel Day, Mayor,      City Hall, 150 East High   Nov. 29, 2019.............       390545
     No.: B-1956).              Philadelphia (19-  City of New Philadelphia, 150       Avenue, New
                                05-1610P).         East High Avenue, New               Philadelphia, OH 44663.
                                                   Philadelphia, OH 44663.
    Tuscarawas (FEMA Docket    Unincorporated     The Honorable Chris Abbuhl, County  Tuscarawas County          Nov. 29, 2019.............       390782
     No.: B-1956).              Areas of           Commissioner, Tuscarawas County,    Administration Offices,
                                Tuscarawas         County Administration Offices,      125 East High Avenue,
                                County (19-05-     125 East High Avenue, New           New Philadelphia, OH
                                1610P).            Philadelphia, OH 44663.             44663.
    Warren (FEMA Docket No.:   City of            The Honorable John Agenbroad,       Municipal Building, 320    Dec. 12, 2019.............       390564
     B-1960).                   Springboro (19-    Mayor, City of Springboro, 320      West Central Avenue,
                                05-2468P).         West Central Avenue, Springboro,    Springboro, OH 45066.
                                                   OH 45066.
Oregon:
    Clackamas (FEMA Docket     City of Happy      The Honorable Tom Ellis, Mayor,     City Hall, 16000           Nov. 1, 2019..............       410026
     No.: B-1949)..             Valley (19-10-     City of Happy Valley, City Hall,    Southeast Misty Drive,
                                0342P).            16000 Southeast Misty Drive,        Happy Valley, OR 97086.
                                                   Happy Valley, OR 97086.
    Deschutes (FEMA Docket     City of Bend (18-  The Honorable Sally Russell,        City Hall, Planning        Oct. 23, 2019.............       410056
     No.: B-1949)..             10-0360P).         Mayor, City of Bend, 710            Department, 710
                                                   Northwest Wall Street, Bend, OR     Northwest Wall Street,
                                                   97703.                              Bend, OR 97703.
    Grant (FEMA Docket No.: B- City of Canyon     The Honorable Steve Fischer,        City Hall, 123 South       Oct. 17, 2019.............       410075
     1949).                     City (19-10-       Mayor, City of Canyon City, City    Washington Street,
                                0438P).            Hall, 123 South Washington          Canyon City, OR 97820.
                                                   Street, Canyon City, OR 97820.
    Grant (FEMA Docket No.: B- City of John Day   The Honorable Ron Lundbom, Mayor,   City Hall, 450 East Main   Oct. 17, 2019.............       410077
     1949).                     (19-10-0438P).     City of John Day, City Hall, 450    Street, John Day, OR
                                                   East Main Street, John Day, OR      97845.
                                                   97845.
    Grant (FEMA Docket No.: B- Unincorporated     The Honorable Scott Myers, County   Grant County Planning      Oct. 17, 2019.............       410074
     1949).                     Areas of Grant     Judge, Grant County, Grant County   Department, 201 South
                                County (19-10-     Courthouse, 201 South Humbolt       Humbolt Suite 170,
                                0438P).            Street, Suite 280, Canyon City,     Canyon City, OR 97820.
                                                   OR 97820.
Texas:
    Denton (FEMA Docket No.:   City of            The Honorable Kevin Falconer,       Engineering Department,    Oct. 24, 2019.............       480167
     B-1949).                   Carrollton (19-    Mayor, City of Carrollton, City     1945 East Jackson Road,
                                06-1104P).         Hall, 1945 East Jackson Road,       Carrollton, TX 75006.
                                                   Carrollton, TX 75006.
    Denton (FEMA Docket No.:   City of            The Honorable Rudy Durham, Mayor,   Engineering Division, 151  Oct. 24, 2019.............       480195
     B-1949).                   Lewisville (19-    City of Lewisville, P.O. Box        West Church Street,
                                06-1104P).         299002, Lewisville, TX 75029.       Lewisville, TX 75057.
    Tarrant (FEMA Docket No.:  City of Arlington  The Honorable Jeff Williams,        City Hall, 101 West Abram  Dec. 6, 2019..............       485454
     B-1960).                   (18-06-3754P).     Mayor, City of Arlington, City      Street, Arlington, TX
                                                   Hall, P.O. Box 90231, Arlington,    76010.
                                                   TX 76010.
    Tarrant (FEMA Docket No.:  City of Arlington  The Honorable Jeff Williams,        City Hall, 101 West Abram  Nov. 8, 2019..............       485454
     B-1953).                   (18-06-3755P).     Mayor, City of Arlington, City      Street, Arlington, TX
                                                   Hall, P.O. Box 90231, Arlington,    76010.
                                                   TX 76010.
Washington:
    Jefferson. (FEMA Docket    City of Port       The Honorable Deborah Stinson,      City Hall, 250 Madison     Dec. 12, 2019.............       530070
     No.: B-1960).              Townsend (19-10-   Mayor, City of Port Townsend, 250   Street, Suite 2, Port
                                0775P).            Madison Street, Suite 2, Port       Townsend, WA 98368.
                                                   Townsend, WA 98368.
    Kitsap (FEMA Docket No.:   Unincorporated     The Honorable Ed Wolfe, Kitsap      Kitsap County, Department  Dec. 16, 2019.............       530092
     B-1960).                   Areas of Kitsap    County Commissioner, District 3,    of Community
                                County (18-10-     614 Division Street, MS-4, Port     Development, 614
                                1595P).            Orchard, WA 98366.                  Division Street, MS-36,
                                                                                Port Orchard, WA 98366.
    Skagit (FEMA Docket No.:   City of Mount      The Honorable Jill Boudreau,        City Hall, 910 Cleveland   Oct. 25, 2019.............       530158
     B-1949).                   Vernon (19-10-     Mayor, City of Mount Vernon, P.O.   Avenue, Mount Vernon, WA
                                0683P).            Box 809, Mount Vernon, WA 98273.    98273.
Wisconsin:
    Dane (FEMA Docket No.: B-  Unincorporated     Ms. Sharon Corrigan, District 26    Dane County Zoning         Oct. 24, 2019.............       550077
     1949).                     Areas of Dane      Supervisor, City County Building,   Department, Room 116,
                                County (18-05-     Room 421, 210 Martin Luther King    210 Martin Luther King
                                3131P).            Jr. Boulevard, Madison, WI 53703.   Jr. Boulevard, Madison,
                                                                                WI 53703.
    Ozaukee (FEMA Docket No.:  City of Port       The Honorable Martin Becker,        City Hall, 100 West Grand  Dec. 6, 2019..............       550316
     B-1956).                   Washington (18-    Mayor, City of Port Washington,     Avenue, Port Washington,
                                05-6323P).         P.O. Box 307, Port Washington, WI   WI 53074.
                                                   53074.
Wyoming:

    Natrona (FEMA Docket No.:  City of Casper     The Honorable Charlie Powell,       City Hall, 200 North       Dec. 27, 2019.............       560037
     B-1960).                   (18-08-0276P).     Mayor, City of Casper, 200 North    David Street, Casper, WY
                                                   David Street, Room 203, Casper,     82601.
                                                   WY 82601.
    Natrona (FEMA Docket No.:  Unincorporated     Mr. Forrest Chadwick,               Natrona County, Board of   Dec. 27, 2019.............       560036
     B-1960).                   Areas of Natrona   Commissioner, Natrona County, 200   Commissioners, 200 North
                                County (18-08-     North Center Street, Suite 115,     Center Street, Casper,
                                0276P).            Casper, WY 82601.                   WY 82601.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-01902 Filed 1-31-20; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Notices]
[Pages 47333-47335]
[FR Doc No: 2021-18144]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]

UL LLC: Application for Expansion of Recognition and Proposed
Modification to the NRTL Program's List of Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of UL LLC, for
expansion of the scope of recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the agency's preliminary finding
to grant the application. Additionally, OSHA proposes to add one test
standard to the NRTL Program's List of Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before September 8, 2021.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the

docket are listed in the http://www.regulations.gov index; however,
some information (e.g., copyrighted material) is not publicly available
to read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2017-0014).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Extension of comment period: Submit requests for an extension of
the comment period on or before September 8, 2021 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor; or by fax to (202)
693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that UL LLC, (UL) is applying to expand
the current recognition as a NRTL. UL requests the addition of one test
standard to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by NRTLs or applicant
organizations for initial recognition, as well as for expansion or
renewal of recognition, following requirements in Appendix A to 29 CFR
1910.7. This appendix requires that the agency publish two notices in
the Federal Register in processing an application. In the first notice,
OSHA announces the application and provides a preliminary finding. In
the second notice, the agency provides the final decision on the
application. These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL, including UL, which details that NRTL's scope of
recognition. These pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html. UL currently has thirteen
facilities (sites) recognized by OSHA for product testing and
certification, with headquarters located at: UL LLC, 333 Pfingsten
Road, Northbrook, Illinois 60062. A complete list of UL sites
recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/ul.html.

II. General Background on the Application

    UL submitted an application, dated October 4, 2020, (OSHA-2009-
0025-0036) to expand recognition to include one additional test
standards. OSHA staff performed a detailed analysis of the application
packet and other pertinent information. OSHA did not perform any on-
site reviews in relation to this application.
    Table 1, below, lists the test standard found in UL's application
for expansion for testing and certification of products under the NRTL
Program.

   Table 1--Proposed Test Standard for Inclusion in UL's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 2580*..........................  Standard for Safety Batteries for
                                     Use in Electric Vehicles.
------------------------------------------------------------------------
* In this notice, OSHA also proposes to add this test standard to the
  NRTL Program's List of Appropriate Test Standards.

III. Proposal To Add a New Test Standard to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
agency evaluates the document to: (1) Verify it represents a product
category for which OSHA requires certification by a NRTL; (2) verify
the document represents a product and not a component; and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become aware
of new test standards by: (1) Monitoring notifications issued by
certain Standards Development Organizations; (2) reviewing applications
by NRTLs or applicants seeking recognition to include new test
standards in their scopes of recognition; and (3) obtaining
notification from manufacturers, manufacturing organizations,
government agencies, or other parties. OSHA may determine to include a
new test standard in the list, for example, if the test standard is for
a particular type of product that another test standard also covers or
it covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add one new test standard to the
NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standard that is new to the NRTL Program. OSHA
preliminarily determines that this test standard is an appropriate test
standard. OSHA seeks public comment on this preliminary determination.

 Table 2--Standards OSHA Is Proposing To Add to the NRTL Program's List
                      of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 2580...........................  Standard for Safety Batteries for
                                     Use in Electric Vehicles.
------------------------------------------------------------------------

IV. Preliminary Findings

    UL submitted an acceptable application for expansion of the scope
of recognition. OSHA's review of the application files and related
material preliminarily indicate that UL can meet the requirements
prescribed by 29 CFR 1910.7 for expanding recognition to include the
addition of the test standard listed above for NRTL testing and
certification. This preliminary finding does not constitute an interim
or temporary approval of UL's application.
    OSHA also preliminarily determined that the test standard listed
above is an appropriate test standard.
    OSHA seeks public comment on these preliminary determinations.

V. Public Participation

    OSHA welcomes public comment as to whether UL meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL
and whether the test standard listed above is an appropriate test
standard that should be included in the NRTL Program's List of
Appropriate Test Standards. Comments should consist of pertinent
written documents and exhibits.
    Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor, listed in ADDRESSES. These materials also are generally
available online at https://www.regulations.gov under Docket No. OSHA-
2009-0025 (for further information, see the ``Docket'' heading in the
section of this notice titled ADDRESSES),
    OSHA staff will review all comments to the docket submitted in a
timely manner and after addressing the issues raised by these comments,
make a recommendation to the Assistant Secretary for Occupational
Safety and Health on whether to grant UL's application for expansion of
its scope of recognition and to add the test standard listed above to
the NRTL Program's List of Appropriate Test Standards. The Assistant
Secretary will make the final decision on granting the application and
on adding the test standard listed above to the NRTL Program's List of
Appropriate Test Standards. In making these decisions, the Assistant
Secretary may undertake other proceedings prescribed in Appendix A to
29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

VI. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on August 17, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-18144 Filed 8-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]
[Page 14839-14841]
[DOCID:fr29mr07-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55515; File No. SR-FICC-2006-19]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of Proposed Rule Change Relating to Membership,
Definitions, and the Electronic Pool Notification Service

March 22, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 13, 2006, the
Fixed Income Clearing Corporation (``FICC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
substantially by FICC. 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).
---------------------------------------------------------------------------

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

    The purpose of this filing is to restructure FICC's Government
Securities Division's (``GSD'') membership standards and membership
requirements by conforming them to current practice and to harmonize
them with similar rules of FICC's clearing agency affiliate, the
National Securities Clearing Corporation (``NSCC''). In addition, this
rule filing would update various definitions and make technical changes
to GSD and to FICC's Mortgage-Backed Securities Divison's (``MBSD'')
Electronic Pool Notification (``EPN'') rules.

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

    In its filing with the Commission, FICC 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. FICC 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. Membership Rules
    FICC proposes to revise its rules concerning membership types, the
membership application process, and the ongoing requirements of GSD
members into a format that FICC believes will make such rules easier to
locate and understand by applicants and members. To accomplish this,
FICC would amend current Rule 2 (proposed to be titled ``Members''),
move much of the content of current Rule 2 into a new Rule 2A
(``Initial Membership Requirements''), and revise Rule 3 (proposed to
be titled ``Ongoing Membership Requirements''). Other rules and
provisions would be modified to make technical corrections where
necessary and to be harmonized with analogous NSCC rules.
    a. Membership Types: FICC's current Rule 2 (``Comparison-Only and
Netting Members'') sets forth the types of GSD members, eligibility
requirements, application procedures, and member reporting
requirements. FICC proposes to revise Rule 2 to establish each GSD
membership type: Comparison-Only Members, Netting Members, Sponsoring
Members, Sponsored Members, and Funds-Only Settling Bank Members.
Substantially all other provisions contained in the current Rule 2 will
be moved to either proposed Rule 2A or proposed Rule 3.
    One exception to this is that FICC is proposing to delete current
Rule 2, Section 4 (``Financial Reports by Netting Applicants). FICC
states that the rationale for such proposed deletion is that FICC
already advises during the application process applicants of the
required financial reports depending on the category of membership
applied for and the applicant entity type. In addition, FICC would set
forth in proposed Rule 3 the financial reports that must be submitted
by members to FICC on an ongoing basis.
    FICC is also proposing to delete Section 1(f) of Rule 2, which
provides that applicants that have been approved for membership must
execute and deliver to FICC a membership agreement. This provision is
redundant with existing Rule 2, Section 3, which would appear in
proposed Rule 2A, Section 7.
    b. Consolidation of Membership Standards and Requirements: The
membership qualifications, financial standards, and operational
requirements for each member type are currently set forth in Rule 2
(``Comparison-Only and Netting Members''), Rule 3 (``Financial
Responsibility, Operational Capability and Other Membership Standards
of Comparison-Only and Netting Members''), and Rule 4 (``Clearing Fund,
Watch List and Loss Allocation''). To consolidate this information,
FICC proposes to create a new Rule 2A (``Initial Membership
Requirements'') that would establish the initial membership eligibility
requirements for all member types and would set forth the process of
membership application and evaluation. In addition, FICC proposes to
restructure Rule 3 (``Ongoing Membership Requirements'') to contain all
current GSD rule provisions regarding the continuing requirements of
members.
    The restructuring would encompass three substantive changes:
    (i) Immediate Placement on the Watch List: FICC proposes to delete
current Rule 3, Section 1(d)(iii) that automatically disqualifies an
applicant from becoming member if the applicant is subject to any
action or condition, the existence of which would require the applicant
to be placed on FICC's Watch List if it were already a member. FICC
believes that eliminating such provision will not diminish FICC's
ability to deny membership to an unworthy applicant because FICC would
still retain under other sections of its rules the discretion to deny
membership based on the applicant's underlying financial, operational,
or character issues. Moreover, FICC's credit risk matrix enables FICC
to place such applicant directly on FICC's watch list for closer
monitoring.
    (ii) Additional Reporting Requirements: FICC proposes to add new
language to proposed Rule 3, Section 2 (``Reports by Netting

Members'') that would require members to provide FICC with: (a) Reports
from their independent auditors on internal controls (proposed Rule 3,
Section 2(b)(ii)) and (b) a copy of the letter granting an extension of
time by a regulatory authority to a member with respect to the
submission of a report (proposed Rule 3, Section 2(h), para. 2).
    (iii) Annual Audited Financial Statements: FICC proposes to remove
the current requirement in Rule 2, Section 4(a) that audited annual
financial statements submitted by netting members be ``without
qualification.'' FICC believes that a qualification in an annual
audited financial statement should not warrant automatic denial of
membership because a qualification may not always be material. In
addition, the event that triggered a qualification may have been
corrected by the applicant or member by the time the applicant or
member submits its financial statement for review by FICC. Going
forward, FICC would analyze qualifications in GSD netting member
financial statements on a case-by-case basis.
    Other conforming and non-substantive changes have been made within
the rules to accommodate this restructuring and to update cross
references where applicable.
2. Non-Substantive Changes and Technical Corrections
    (i) Definition of ``Person'': FICC proposes to amend the current
definition of Person contained in GSD Rule 1 (``Definitions'') to
indicate that the term will be used throughout the rules to mean a
partnership, corporation, limited liability corporation, or other
organization, entity, or individual.
    (ii) Definition of ``Eligible Security'': FICC proposes to amend
the definition of Eligible Security to make clear that any security of
an issuer that is on the Office of Foreign Assets and Control's
(``OFAC'') Specially Designated Nationals list or a security from a
country that is subject to OFAC sanctions may not be an eligible
security at GSD.
    In addition, FICC is proposing to make the same change to the
definition of Eligible Security in MBSD's Clearing and EPN rules.
    (iii) Definition of ``Bond Market Association'': The Bond Market
Association is now known as the Securities Industry and Financial
Markets Association. GSD proposes to remove the definition of and
references to The Bond Market Association from its rules and replace it
with a definition for and references to The Securities Industry and
Financial Markets Association.
    (iv) Governing Law Provision: FICC is proposing to clarify the
Governing Law provision contained in GSD's and MBSD's Clearing and EPN
rules to state that the respective rules of GSD and MBSD Clearing and
EPN are subject to New York law as applicable to contracts executed and
performed in New York.
    (v) Insurance Company Netting Member Eligibility Requirements: FICC
proposes to remove from GSD's rules the eligibility requirements for
Insurance Company Netting Members because GSD does not currently have
any such members. FICC will, however, retain the definition of
Insurance Company Netting Member in its rules in the event that such an
entity applies for membership in the future. Appropriate eligibility
requirements would be reviewed at that time and added to the rules.
    FICC believes that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations promulgated
thereunder applicable to FICC. FICC states that its rules are intended
to protect FICC and its members from undue risk while providing access
to FICC services and that the proposed rule change will assist FICC and
its members in interpreting and understanding the rules with regard to
applicant and ongoing membership standards and requirements. In
addition, FICC believes that conforming the rules to actual practice
will assist FICC in assuring the safeguarding of funds and securities
in FICC's control or for which FICC is responsible.

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

    FICC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    FICC has not solicited or received written comments relating to the
proposed rule change. FICC will notify the Commission of any written
comments it receives.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be 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, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-FICC-2006-19 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-FICC-2006-19. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C 552, will be available for inspection and copying
in the Commission's Public Reference Section, 100 F Street, NE.,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at FICC's principal office and on FICC's Web
site at http://ficc.com/gov/gov.docs.jsp?NS-query=#rf. All comments

received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All

submission should refer to File No. SR-FICC-2006-19 and should be
submitted on or before April 19, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\2\
---------------------------------------------------------------------------

    \2\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5752 Filed 3-28-07; 8:45 am]

BILLING CODE 8010-01-P