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[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7697-7699]
[FR Doc No: 2017-01102]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8463]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book

(CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Patricia Suber, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 400 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.
    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

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                                                  Effective date
                                                  authorization/
                                   Community     cancellation of     Current  effective    Date certain Federal
       State and location             No.         sale of flood           map date        assistance no  longer
                                                   insurance in                            available  in SFHAs
                                                    community
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           Region VII

Missouri:
    Jackson County,                    290492  June 19, 1974,       Jan. 20, 2017......  Jan. 20, 2017.
     Unincorporated Areas.                      Emerg; September
                                                29, 1978, Reg;
                                                January 20, 2017,
                                                Susp
    Raytown, City of, Jackson          290176  February 27, 1975,   ......do...........   do.
     County.                                    Emerg; September
                                                15, 1978, Reg;
                                                January 20, 2017,
                                                Susp
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.

    Dated: January 6, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2017-01102 Filed 1-19-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38876-38878]
[FR Doc No: 2019-16781]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0257; FRL-9997-84-Region 4]

Air Plan Approval; North Carolina: PSD Requirements for GHGs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of two State Implementation Plan (SIP) revisions dated July
30, 2012, and January 12, 2018, submitted by the State of North
Carolina through the North Carolina Department of Environmental Quality
(NCDEQ). These SIP revisions are related to the State's Prevention of
Significant Deterioration (PSD) permitting program requirements for
greenhouse gases (GHGs). EPA has determined that the July 30, 2012, and
January 12, 2018, SIP revisions are consistent with the Clean Air Act
(CAA or Act).

DATES: This rule will be effective September 9, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0257. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Febres can be
reached by telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What is the EPA finalizing today?

    EPA received two SIP revisions from NCDEQ, dated July 30, 2012, and
January 12, 2018, that include changes to North Carolina's SIP-approved
air quality rule at 15 North Carolina Administrative Code (NCAC) 02D
.0544--Prevention of Significant Deterioration Requirements for
Greenhouse Gases.1 2 3 The 2012 and 2018 revisions include
several administrative and typographical changes to the rule, as well
as a modification to the date associated with the incorporation by
reference (IBR) of 40 CFR 51.166 that was initially meant to capture
EPA's final action entitled ``Deferral for CO2 Emissions
From Bioenergy and Other Biogenic Sources Under the Prevention of
Significant Deterioration (PSD) and Title V Programs'' (hereinafter
referred to as the ``Biomass Deferral Rule'').\4\ In a March 4, 2019,
letter, North Carolina asked EPA to approve changes to the IBR-related
paragraph in Section .0544, including the date modification, but to
exclude the adoption of the Biomass Deferral Rule from the IBR.\5\
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    \1\ EPA notes that the Agency received the SIP revisions on
August 3, 2012, and February 2, 2018, respectively.
    \2\ In the table of North Carolina regulations approved into the
SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred to as
``Subchapter 2D Air Pollution Control Requirements.''
    \3\ The PSD permitting program is established in part C of title
I of the CAA and applies in areas that meet the National Ambient Air
Quality Standards (NAAQS)--``attainment areas''--as well as areas
where there is insufficient information to determine if the area
meets the NAAQS--``unclassifiable areas.'' EPA's regulations
governing PSD implementation are located at 40 CFR 51.166 and 52.21.
    \4\ On July 20, 2011, EPA finalized the Biomass Deferral Rule,
which deferred for a period of three years, the application of PSD
and Title V permitting requirements to carbon dioxide
(CO2) emissions from bioenergy and other biogenic
stationary sources. See 76 FR 43490. Although the United States
Court of Appeals for the District of Columbia Circuit vacated the
Biomass Deferral Rule in 2013, EPA has not taken formal action to
remove the Rule from the CFR at 40 CFR 51.166(b)(48)(ii)(a),
52.21(b)(49)(ii)(a), 70.2(2), and 71.2(2). For more information see
the notice of proposed rulemaking associated with this final
rulemaking on North Carolina's July 30, 2012, and January 12, 2018
SIP revisions at 84 FR 23750 (May 23, 2019).
    \5\ The March 4, 2019, supplemental letter is located in the
docket for this rulemaking.
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    The 2018 submittal also seeks to remove the PSD requirements for
major stationary sources based solely on their GHG emissions; add a new
paragraph--paragraph (d)--regarding the global warming potential for
GHGs; and re-letter several paragraphs in the rule due to the addition
of the new paragraph (e.g., changing paragraph (d) in the existing SIP-
approved rule to paragraph (e)).\6\ The revisions removing PSD
requirements based solely on GHG emissions are in response to court
decisions invalidating and vacating the Federal regulations that
applied PSD permitting requirements to major sources based solely on
their GHG emissions.\7\
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    \6\ In North Carolina's January 12, 2018, SIP revision cover
letter, the State also mentions changes to rule 15 NCAC 02D Section
.0502--Applicability, which relates to title V permitting
requirements for GHGs. This rule is mentioned because it was
approved, together with Section .0544, by the North Carolina Rules
Review Commission, but the redline strikeout changes were not
included as part of the January 12, 2018 SIP package. Additionally,
North Carolina explains in its letter that they do not wish for EPA
to review these changes because they are not part of the SIP but
rather part of the State's title V operating permit program.
    \7\ See Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct.
2427 (2014); Coalition for Responsible Regulation, Inc. v. EPA, 606
Fed. Appx. 6, 7 (D.C. Cir. 2015).
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    The changes to the North Carolina SIP that are the subject of this
final rulemaking, as well as EPA's analysis of the changes and
rationale for approving them, are described in further detail in a
notice of proposed rulemaking (NPRM) published on May 23, 2019 (84 FR
23750). Comments on the NPRM were due on or before June 24, 2019. EPA
received no comments on the proposed action and is now taking final
action to approve these revisions.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference, under
Subchapter 2D, Air Pollution Control Requirements, of the North
Carolina SIP, Section .0544--Prevention of Significant Deterioration
Requirements for Greenhouse Gases, state-effective September 1,
2015.\8\ EPA

has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State
Implementation Plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\9\
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    \8\ As discussed above and in the NPRM, EPA is excluding the
Biomass Deferral Rule from the July 20, 2011 IBR of 40 CFR 51.166,
found in Section .0544(o). The rule text is found at 40 CFR
51.166(b)(48)(ii)(a) and reads as follows: ``For purposes of this
paragraph (b)(48)(ii)(a), prior to July 21, 2014, the mass of the
greenhouse gas carbon dioxide shall not include carbon dioxide
emissions resulting from the combustion or decomposition of non-
fossilized and biodegradable organic material originating from
plants, animals, or micro-organisms (including products, by-
products, residues and waste from agriculture, forestry and related
industries as well as the non-fossilized and biodegradable organic
fractions of industrial and municipal wastes, including gases and
liquids recovered from the decomposition of non-fossilized and
biodegradable organic material).''
    \9\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing approval of North Carolina's July 30, 2012, and
January 12, 2018, SIP revisions that revise the PSD requirements for
GHGs under 15 NCAC 02D .0544--Prevention of Significant Deterioration
Requirements for Greenhouse Gases as described above and in the NPRM.
Specifically, EPA is approving language under paragraph (a) that will
prevent the regulation of GHG-only sources; the adoption of new
paragraph (d), regarding the definition of global warming potential for
GHGs, and the re-lettering of Section .0544 following the new paragraph
(d); the deletion of the term ``immediately'' from paragraph (b)(1);
the adoption of paragraph (o), excluding incorporation of the Biomass
Deferral Rule into the July 20, 2011 IBR of 40 CFR 51.166; and adoption
of various administrative edits such as the addition of acronyms and
typographical corrections throughout the rule. EPA believes that these
changes are consistent with the requirements of the CAA and therefore
is approving the aforementioned changes into the SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 7, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: July 29, 2019.
Mary S. Walker,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart (II)--North Carolina

0
2. Section 52.1770(c), Table (1) is amended under ``Subchapter 2D Air
Pollution Control Requirements'' by revising the entry for ``Section
.0544'' to read as follows:

Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       State citation            Title/subject        effective     EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section .0544...............  Prevention of              9/1/2015  8/8/2019, [Insert    The July 20, 2011
                               Significant                          citation of          incorporation by
                               Deterioration                        publication].        reference date of 40
                               Requirements for                                          CFR 51.166 found in
                               Greenhouse Gases.                                         paragraph (o) does not
                                                                                incorporate the text of
                                                                                the federal Biomass
                                                                                Deferral Rule at
                                                                                51.166(b)(48)(ii)(a).

                                                  * * * * * * *
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* * * * *
[FR Doc. 2019-16781 Filed 8-7-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Proposed Rules]
[Pages 3292-3295]
[FR Doc No: 2020-00544]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0007; Airspace Docket No. 19-ASO-11]
RIN 2120-AA66

Proposed Revocation and Amendment of Multiple Air Traffic Service
(ATS) Routes in the Vicinity of Newcombe, KY, and Hazard, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend five VHF Omnidirectional Range
(VOR) Federal airways, V-4, V-53, V-115, V-119, and V-140; amend two
low altitude Area Navigation (RNAV) routes, T-215 and T-323; and remove
three VOR Federal airways, V-331, V-339, and V-478, in the vicinity of
Newcombe, KY, and Hazard, KY. The Air Traffic Service (ATS) route
modifications are necessary due to the planned decommissioning of the
VOR portions of the Newcombe, KY, VOR/Tactical Air Navigation (VORTAC)
and the Hazard, KY, VOR/Distance Measuring Equipment (VOR/DME)
navigation aids (NAVAIDs). The NAVAIDs provide navigation guidance for
portions of the affected air traffic service (ATS) routes. These VORs
are being decommissioned as part of the FAA's VOR Minimum Operational
Network (MON) program.

DATES: Comments must be received on or before March 6, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0007; Airspace Docket No. 19-ASO-11 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order 7400.11D, Airspace Designations and
Reporting Points, and subsequent amendments can be viewed online at
https://www.faa.gov/air_traffic/publications/. For further information,
you can contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the 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 would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2020-0007; Airspace Docket No. 19-ASO-11) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2020-0007; Airspace Docket No. 19-ASO-11.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood Blvd.,
Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

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

Background

    The FAA is planning decommissioning activities for the VOR portion
of the Newcombe, KY, VORTAC and the Hazard, KY, VOR/DME in July, 2020.
The VOR portion of the Newcombe, KY, and Hazard, KY, NAVAIDs are
candidate VORs identified for discontinuance by the FAA's VOR MON
program and listed in the final policy statement notice, ``Provision of
Navigation Services for the Next Generation Air Transportation System
(NextGen) Transition to Performance-Based Navigation (PBN) (Plan for
Establishing a VOR Minimum Operational Network),'' published in the
Federal Register of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-
1082.
    Although the VOR portion of the Newcombe, KY, and Hazard, KY,
NAVAIDs are planned for decommissioning, the co-located DME portions of
the NAVAIDs are being retained.
    The ATS route dependencies to the Newcombe VORTAC are VOR Federal

airways V-4, V-119, V-331, and V-478. Similarly, the ATS route
dependencies to the Hazard VOR/DME are VOR Federal airways V-53, V-115,
V-140, V-331, and V-339.
    With the planned decommissioning of the VOR portion of the
Newcombe, KY, and Hazard, KY, NAVAIDs, the remaining ground-based
NAVAID coverage in the areas is insufficient to enable the continuity
of the affected VOR Federal Airways. As such, proposed modifications to
the affected VOR Federal Airways would result in gaps in those airways.
To overcome the airway gaps, instrument flight rules (IFR) traffic
could use adjacent ATS routes, including V-35, V-97, V-128, V-310, and
V-493, to circumnavigate the affected area. IFR traffic could also file
point to point through the affected area using the existing airway
fixes that will remain in place, as well as adjacent NAVAIDs, or
receive air traffic control (ATC) radar vectors through the area.
Visual flight rules pilots who elect to navigate via the airways
through the affected area could also take advantage of the adjacent VOR
Federal airways or ATC services listed previously.
    Further, the FAA proposes to extend RNAV routes T-215 and T-323
through the affected area, with minor editorial amendments to the
descriptions, to continue supporting enroute airspace users, as well as
ongoing FAA NextGen efforts to transition the national airspace system
to performance-based navigation. The editorial amendments to the
existing T-215 and T-323 descriptions would not change the routes'
structure, operational use, or charted depiction.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying VOR Federal airways V-4, V-
53, V-115, V-119, and V-140; modifying low altitude RNAV routes T-215
and T-323; and removing VOR Federal airways V-331, V-339, and V-478.
The planned decommissioning of the VOR portion of the Newcombe, KY,
VORTAC and Hazard, KY, VOR/DME NAVAIDs has made this action necessary.
The proposed VOR Federal airway changes are outlined below.
    V-4: V-4 currently extends between the Tatoosh, WA, VORTAC and the
Armel, VA, VOR/DME. The FAA proposes to remove the airway segment
overlying the Newcombe, KY, VORTAC between the Lexington, KY, VOR/DME
and the Charleston, WV, VORTAC. The unaffected portions of the existing
airway would remain as charted.
    V-53: V-53 currently extends between the Charleston, SC, VORTAC and
the Brickyard, IN, VOR/DME. The airspace within R-3401B is excluded.
The FAA proposes to remove the airway segment overlying the Hazard, KY,
VOR/DME between the Holston Mountain, TN, VORTAC and the Lexington, KY,
VOR/DME. The unaffected portions of the existing airway would remain as
charted.
    V-115: V-115 currently extends between the Crestview, FL, VORTAC
and the Franklin, PA, VOR. The FAA proposes to remove the airway
segment overlying the Hazard, KY, VOR/DME between the Volunteer, TN,
VORTAC and the Charleston, WV, VORTAC. Concurrent changes to other
portions of the airway are being proposed in a separate NPRM. The
unaffected portions of the existing airway would remain as charted.
    V-119: V-119 currently extends between the Newcombe, KY, VORTAC and
the Rochester, NY, VOR/DME. The FAA proposes to remove the airway
segment overlying the Newcombe, KY, VORTAC between the Newcombe, KY,
VORTAC and the Henderson, WV, VORTAC. The unaffected portions of the
existing airway would remain as charted.
    V-140: V-140 currently extends between the Panhandle, TX, VORTAC
and the Casanova, VA, VORTAC. The FAA proposes to remove the airway
segment overlying the Hazard, KY, VOR/DME between the London, KY, VOR/
DME and the Bluefield, WV, VOR/DME. The unaffected portions of the
existing airway would remain as charted.
    V-331: V-331 currently extends between the Newcombe, KY, VORTAC and
the Hazard, KY, VOR/DME. The FAA proposes to remove the airway in its
entirety.
    V-339: V-339 currently extends between the Hazard, KY, VOR/DME and
the Falmouth, KY, VOR/DME. The FAA proposes to remove the airway in its
entirety.
    V-478: V-478 currently extends between the Falmouth, KY, VOR/DME
and the Beckley, WV, VOR/DME. The FAA proposes to remove the airway in
its entirety.
    The proposed low altitude RNAV route changes are outlined below.
    T-215: T-215 currently extends between the Lexington, KY, VOR/DME
and the GAMKE, IN, waypoint (WP). The FAA proposes to extend the route
southeastward from the Lexington, KY, VOR/DME to the Holston Mountain,
TN, VORTAC. Additionally, the type of facility for Lexington, KY, is
corrected from ``VORTAC'' to ``VOR/DME'' and the geographic coordinates
of each route point are updated to be expressed in degrees, minutes,
seconds, and hundredths of a second.
    T-323: T-323 currently extends between the CROCS, GA, WP and the
HIGGI, NC, WP. The FAA proposes to extend the route northward from the
HIGGI, NC, WP to the Hazard, KY, DME. Additionally, the geographic
coordinates of each route point are updated to be expressed in degrees,
minutes, seconds, and hundredths of a second.
    All radials in the VOR Federal airway descriptions below are
unchanged and stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a) and low
altitude RNAV routes are published in paragraph 6011 of FAA Order
7400.11D dated August 8, 2019, and effective September 15, 2019, which
is incorporated by reference in 14 CFR 71.1. The ATS routes listed in
this document would be subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

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

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-4 [Amended]

    From Tatoosh, WA; INT of Tatoosh 102[deg] and Seattle, WA,
329[deg] radials; Seattle; Yakima, WA; Pendleton, OR; Baker, OR;
Boise, ID; INT Boise 130[deg] and Burley, ID, 292[deg] radials;
Burley; Malad City, ID; Rock Springs, WY; Cherokee, WY; Laramie, WY;
Gill, CO; Thurman, CO; Goodland, KS; Hill City, KS; Salina, KS;
Topeka, KS; Kansas City, MO; Hallsville, MO; St. Louis, MO; Troy,
IL; Centralia, IL; Pocket City, IN; Louisville, KY; to Lexington,
KY. From Charleston, WV; Elkins, WV; Kessel, WV; INT Kessel 097[deg]
and Armel, VA, 292[deg] radials; to Armel.
* * * * *

V-53 [Amended]

    From Charleston, SC; Columbia, SC; Spartanburg, SC; Sugarloaf
Mountain, NC; to Holston Mountain, TN. From Lexington, KY;
Louisville, KY; INT Louisville 333[deg] and Brickyard, IN, 170[deg]
radials; Brickyard. The airspace within R-3401B is excluded.
* * * * *

V-115 [Amended]

    From Crestview, FL; INT Crestview 001[deg] and Montgomery, AL,
204[deg] radials; Montgomery; INT Montgomery 323[deg] and Vulcan,
AL, 177[deg] radials; Vulcan; Choo Choo, GA; to Volunteer, TN. From
Charleston, WV; Parkersburg, WV; Newcomerstown, OH; INT
Newcomerstown 038[deg] and Franklin, PA, 239[deg] radials; to
Franklin.
* * * * *

V-119 [Amended]

    From Henderson, WV; Parkersburg, WV; INT Parkersburg 067[deg]
and Indian Head, PA, 254[deg] radials; Indian Head; Clarion, PA;
Bradford, PA; Wellsville, NY; Geneseo, NY; to Rochester, NY.
* * * * *

V-140 [Amended]

    From Panhandle, TX; Burns Flat, OK; Kingfisher, OK; INT
Kingfisher 072[deg] and Tulsa, OK, 261[deg] radials; Tulsa;
Razorback, AR; Harrison, AR; Walnut Ridge, AR; Dyersburg, TN;
Nashville, TN; Livingston, TN; to London, KY. From Bluefield, WV;
INT Bluefield 071[deg] and Montebello, VA, 250[deg] radials;
Montebello; to Casanova, VA.
* * * * *

V-331 [Removed]

* * * * *

V-339 [Removed]

* * * * *

V-478 [Removed]

* * * * *

6011. United States Area Navigation Routes.

* * * * *

                                                 T-215 Holston Mountain, TN (HMV) to GAMKE, IN [Amended]

Holston Mountain, TN (HMV)                           VORTAC                       (Lat. 36[deg]26'13.40'' N, long. 82[deg]07'46.56'' W)
HILTO,VA                                             WP                           (Lat. 36[deg]41'48.46'' N, long. 82[deg]26'07.44'' W)
FLENR, VA                                            WP                           (Lat. 36[deg]56'44.27'' N, long. 82[deg]43'42.75'' W)
RISTE, KY                                            WP                           (Lat. 37[deg]09'02.92'' N, long. 82[deg]58'24.38'' W)
Hazard, KY (AZQ)                                     DME                          (Lat. 37[deg]23'28.52'' N, long. 83[deg]15'46.83'' W)
HUGEN, KY                                            FIX                          (Lat. 37[deg]31'46.14'' N, long. 83[deg]32'58.54'' W)
Lexington, KY (HYK)                                  VOR/DME                      (Lat. 37[deg]57'58.86'' N, long. 84[deg]28'21.06'' W)
GAMKE, IN                                            WP                           (Lat. 38[deg]46'12.99'' N, long. 85[deg]14'35.37'' W)

                                                                      * * * * * * *

                                                      T-323 CROCS, GA to Hazard, KY (AZQ) [Amended]

CROCS, GA                                            WP                           (Lat. 32[deg]27'17.69'' N, long. 82[deg]46'29.06'' W)
BOBBR, GA                                            WP                           (Lat. 33[deg]19'57.07'' N, long. 83[deg]08'19.47'' W)
BIGNN, GA                                            WP                           (Lat. 34[deg]20'34.38'' N, long. 83[deg]33'06.80'' W)
ZPPLN, NC                                            WP                           (Lat. 34[deg]59'47.42'' N, long. 83[deg]49'37.73'' W)
HIGGI, NC                                            WP                           (Lat. 35[deg]26'46.57'' N, long. 83[deg]46'41.05'' W)
KIDBE, TN                                            WP                           (Lat. 35[deg]51'16.23'' N, long. 83[deg]40'19.66'' W)
ZADOT, TN                                            WP                           (Lat. 36[deg]35'32.17'' N, long. 83[deg]28'40.09'' W)
WELLA, KY                                            WP                           (Lat. 37[deg]02'15.68'' N, long. 83[deg]21'31.07'' W)
Hazard, KY (AZQ)                                     DME                          (Lat. 37[deg]23'28.52'' N, long. 83[deg]15'46.83'' W)

                                                                      * * * * * * *

    Issued in Washington, DC, on January 7, 2020.
Rodger A. Dean Jr.,
Manager, Rules and Regulations Group.
[FR Doc. 2020-00544 Filed 1-17-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18907-18909]
[FR Doc No: 2015-07965]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74637; File No. SR-NASDAQ-2015-028]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Postpone Implementation of Changes to Rule 4751(h)(5)

April 2, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 25, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to postpone implementation of changes to Rule
4751(h)(5).
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
    NASDAQ is proposing to delay implementation of changes to Rule
4751(h)(5) relating to processing of Market Hours IOC (``MIOC'') orders
and to make clarifying changes to the rule, which are effective but not
yet implemented. On March 6, 2015, the Exchange filed an immediately
effective filing \3\ to amend the processing of MIOC orders under Rule
4751(h)(5). MIOC is a Time in Force \4\ characteristic of an

order that will cause it (or unexecuted portion thereof) to be canceled
if, after entry into the System the order (or unexecuted portion
thereof) becomes non-marketable during the Regular Market Session, 9:30
a.m. until 4:00 p.m. Eastern Time.\5\ Currently, MIOC orders entered
from 4 a.m. Eastern Time to immediately prior to 9:30 a.m. Eastern Time
are held by the System until 9:30 a.m. Eastern Time, at which time the
System determines whether such orders are marketable. The Exchange
proposed to no longer accept MIOC orders entered prior to the beginning
of the Regular Market Session. The Exchange also proposed clarifying
the rule text to make it clear that MIOC orders will be available for
order entry and execution beginning at completion of the Opening Cross.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 74518 (March 17, 2015),
80 FR 15260 (March 23, 2015) (SR-NASDAQ-2015-022).
    \4\ Time in Force is the period of time that the System will
hold an order for potential execution. See Rule 4751(h).
    \5\ As defined by Rule 4120(b)(4)(D).
---------------------------------------------------------------------------

    The Exchange had originally anticipated implementing the changes on
April 13, 2015. The Exchange, however, has experienced unanticipated
delay in the development of the changes to its systems, which has made
the original implementation date unachievable. The Exchange believes it
will be able to implement the changes sometime in the second quarter of
2015, and will provide notice of the implementation date of the changes
in an Equity Trader Alert not less than 30 days prior to
implementation.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(5) of the Act,\7\ in particular, because it is 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; and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers. The Exchange believes that the changes NASDAQ is making to
Rule 4751(h)(5) promote consistency and transparency in the process for
handling MIOC orders. Delaying implementation of the changes for brief
period so that NASDAQ may implement and test the changes to its systems
necessary to ensure that the processing of MIOC orders operate as
planned promotes fair and orderly markets, and the protection of
investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\8\ The Exchange
believes that the proposal is irrelevant to competition because it is
not driven by, and will have no impact on, competition. Specifically,
the proposal is representative of the Exchange's efforts to harmonize
and simplify the processing of orders. Delaying implementation of the
proposal will ensure the proposed changes are adequately implemented
and tested.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange notes that waiving the operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to postpone implementation of the
previously proposed changes immediately, prior to the operative date of
those changes. For this reason, the Commission waives the operative
delay and designates the proposed rule change to be operative upon
filing.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-028. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of

10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2015-028 and should
be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2015-07965 Filed 4-7-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Page 6856]
[FR Doc No: 2016-02507]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14276-002-Kentucky; Kentucky River Lock and Dam No. 11
Hydroelectric Project]

 FFP Project 92, LLC; Notice of Revised Restricted Service List

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.2010, provides
that, to eliminate unnecessary expense or improve administrative
efficiency, the Secretary may establish a restricted service list for a
particular phase or issue in a proceeding. The restricted service list
should contain the names of persons on the service list who, in the
judgment of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
    The Commission staff is consulting with the Kentucky State Historic
Preservation Officer and the Advisory Council on Historic Preservation
(Advisory Council) pursuant to the Advisory Council's regulations, 36
CFR part 800, implementing section 106 of the National Historic
Preservation Act, as amended, (54 U.S.C. 306108), to prepare a
Programmatic Agreement for managing properties included in, or eligible
for inclusion in, the National Register of Historic Places at the
proposed Kentucky River Lock and Dam No. 11 Hydroelectric Project.
    On September 30, 2015, Commission staff established a restricted
service list for the Kentucky River Lock and Dam No. 11 Hydroelectric
Project. Since that time, changes have occurred and therefore, the
restricted service list is revised as follows:
    Replace ``Lisa C. Baker, Acting THPO, United Keetoowah Band of
Cherokee Indians in Oklahoma'' with ``Assistant Chief Joe Bunch, or
Representative, United Keetoowah Band of Cherokee Indians in
Oklahoma.''

    Dated: February 3, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02507 Filed 2-8-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Rules and Regulations]
[Page 44128]
[FR Doc No: 2014-17973]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1126]

Security Zones; Seattle's Seafair Fleet Week Moving Vessels,
Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation; correction.

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

SUMMARY: On July 25, 2014, the Coast Guard published in the Federal
Register (79 FR 43257) a notice of enforcement for the Seattle's
Seafair Fleet Week Moving Vessels security zones. In the Notice of
Enforcement, the Coast Guard identified three participating vessels
that are designated as part of the security zone. One of those vessels
was the HMCS YELLOWKNIFE (NCSM 706). After the Notice of Enforcement
was published, the Coast Guard was informed by the Canadian government
that the HMCS EDMONTON (NCSM 703) will be participating in the Seattle
Seafair Fleet Week event and not the HMCS YELLOWKNIFE. This document
corrects that error.

DATES: The regulations in 33 CFR 165.1333 will be enforced from 12 p.m.
on July 29, 2014 through 6 p.m. on August 4, 2014, unless canceled
sooner by the Captain of the Port, Puget Sound or his designated
representative.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email LTJG Johnny Zeng, Sector Puget Sound Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2014, the Coast Guard published in the Federal Register
(79 FR 43257) a notice of enforcement for the Seattle's Seafair Fleet
Week Moving Vessels security zones.

Need for Correction

    As stated in the Federal Register, the Notice of Enforcement for
the Seattle's Seafair Fleet Week Moving Vessels security zones
designated three participating vessels: The HMCS BRANDON (NCSM 710),
the HMCS YELLOWKNIFE (NCSM 706), and the USCGC MELLON (WHEC 717).
However, subsequent to the publication of the Notice of Enforcement,
the Coast Guard was informed by the Canadian government that the HMCS
EDMONTON (NCSM 703) will be participating in the Seattle Seafair Fleet
Week instead of the HMCS YELLOWKNIFE (NCEM 706).
    This notice corrects that error by publishing the name of the
vessel, HMCS EDMONTON (NCSM 703), that is taking the place of the HMCS
YELLOWKNIFE (NCSM 703) in the upcoming Seattle Seafair Fleet Week.

    Dated: July 25, 2014.
Katia Cervoni,
Chief, Office of Administrative Law and Regulations, U.S. Coast Guard.
[FR Doc. 2014-17973 Filed 7-29-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Rules and Regulations]
[Pages 36068-36069]
[FR Doc No: 2021-14574]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0514]
RIN 1625-AA87

Security Zone; Surfside Building Collapse, Surfside, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of the Atlantic Ocean near the town of
Surfside, Florida. The security zone will cover all navigable waters
from approximately one-half nautical mile north and south of the
Champlain Towers South (accident site) and 500 yards offshore. This
action is necessary to prevent vessels from approaching and possibly
interefering with search and rescue operations at the Champlain Towers
South in Surfside, FL. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Miami or a designated representative.

DATES: This rule is effective without actual notice from July 8, 2021
through August 31, 2021. For the purposes of enforcement, actual notice
will be used from July 1, 2021, until July 8, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0514 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Omar Beceiro, Waterways Management Division, U.S. Coast
Guard; telephone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because local authorities asked the Coast
Guard to establish the security zone within 24 hours of the request. A
delay in promulgating this rule would be impracticable because a
security zone is required by July 1, 2021, to prevent vessels from
approaching and possibly interefering with search and rescue operations
at the Champlain Towers South in Surfside, FL. It would be contrary to
public interest to postpone establishing the temporary security zone.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
prevent interference of rescue operations at the Champlain Towers.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Miami has determined the potential interference of
search and rescue operations at the Champlain Towers will be a concern
for rescue personnel. This security zone is necessary to protect rescue
operations, personnel, and surrounding waterways adjacent to the
accident site in Surfside, Florida.

IV. Discussion of the Rule

    This rule establishes a security zone from 7:00 p.m. on July 1,
2021, through 11:59 p.m. on August 31, 2021. The security zone will
cover all navigable waters from approximately one-half nautical mile
north and south of the Champlain Towers South (accident site) and 500
yards offshore. The duration of the zone is intended to protect
personnel during search and rescue operations at the Champlain Towers.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP Miami or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size and
location of the security zone. The security zone is limited in size and
location as it will cover all navigable waters from approximately one-
half nautical mile north and south of the Champlain Towers South
(accident site) and 500 yards offshore. Although persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the security zone without authorization from the Captain of the Port
Miami or a designated representative, they may operate in the
surrounding area during the enforcement period. Furthermore, the rule
will allow vessels to seek permission to enter the zone. Persons and
vessels may still enter, transit through, anchor in, or remain within
the security zone during the enforcement period if authorized by the
Captain of the Port Miami or a designated representative. The Coast
Guard will provide advance notification of the security zone via a
Broadcast Notice to Mariners, allowing mariners to make alternative
plans or seek permission to transit the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.

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

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary security zone lasting approximately 60 days that will
prohibit entry of persons or vessls during search and rescue operations
at the Champlain Towers in Surfside, Florida. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
    A Drfat Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0514 to read as follows:

Sec.  165.T07-0514  Security Zone; Surfside Building Collapse,
Surfside, FL.

    (a) Locations. The temporary security zone is all waters of the
Atlanic Ocean within the following points: Beginning at Point 1 in
position 25[deg]52'54'' N, 80[deg]7'13'' W; thence east to Point 2 in
position 25[deg]52'54'' N, 80[deg]6'56'' W; thence south to Point 3 in
position 25[deg]51'52'' N, 80[deg]6'52'' W; thence west to Point 4 in
position 25[deg]51'52''N, 80[deg]7'8'' W; thence back to origin at
Point 1. The points are in North American Datum of 1983 (NAD 83).
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Miami in the enforcement of the security
zone.
    (c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the security zone unless
authorized by the COTP Miami or a designated representative. If
authorization is granted, persons and/or vessels receiving such
authorization must comply with the instructions of the COTP Miami or
designated representative.
    (2) Persons who must notify or request authorization from the COTP
may do so by telephone at<PHONE_NUMBER>, or may contact a designated
representative via VHF radio on channel 16.
    (d) Enforcement period. This section will be enforced from 7:00
p.m. on July 1, 2021, through 11:59 p.m. on August 31, 2021.

    Dated: July 1, 2021.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2021-14574 Filed 7-7-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Proposed Rules]
[Page 70140]
[FR Doc No: 2014-27748]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0690; FRL-9919-47-Region-3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the State Implementation Plan (SIP) revision submitted by the State of
Maryland. The revisions incorporate by reference (IBR) the requirements
of the Federal Prevention of Significant Deterioration (PSD) program
into the Maryland SIP. Additionally, the revisions will allow
Maryland's PSD program to automatically update with any revisions to
the Federal regulations. In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by December 26, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0690 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0690, Andrew Kreider, Acting Associate
Director, Office of Permits and Air Toxics Mailcode 3AP10, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0690. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: David Talley,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title
(``Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Prevention of Significant Deterioration''), that is located
in the ``Rules and Regulations'' section of this Federal Register
publication.

    Dated: November 5, 2014.
W.C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2014-27748 Filed 11-24-14; 8:45 am]
BILLING CODE 6560-50-P