[Federal Register: May 24, 2010 (Volume 75, Number 99)]
[Notices]
[Page 28845-28847]
[DOCID:fr24my10-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62131; File No. SR-NSX-2010-05]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing of a Proposed Rule Change To Establish a Trading Halt
for Individual Stocks Contained in the Standard & Poor's 500 Index That
Experience a 10 Percent Price Change of 10% or More During a Five-
Minute Period Pursuant to Exchange Rule 11.20

May 19, 2010.
    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 May 18, 2010, National Stock Exchange, Inc. 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 by the Exchange. The Commission is publishing this notice
to solicit comment 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

    National Stock Exchange, Inc. (``NSX[supreg]'' or the ``Exchange'')
is proposing to establish a trading halt for individual stocks
contained in the Standard & Poor's 500 Index (``S&P 500'') that
experience a price change of 10% or more during a five-minute period.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.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 parts of such
statements.

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

Purpose
    The Exchange proposes to add NSX Rule 11.20B to provide for a
trading pause for individual securities for which the Exchange is the
primary listing market if the price of such security moves 10% or more
from a sale in a preceding five-minute period. The Exchange is
proposing this rule addition in consultation with other listing markets
and staff of the Securities and Exchange Commission to provide for
uniform market-wide trading pause standards for individual securities
in the S&P 500[supreg] Index (for which the Exchange is the primary
listing market) that experience rapid price movement, as set forth
below (``Circuit Breaker Securities''). Consistent with the other
markets, the Exchange is proposing that this rule be implemented as a
six-month pilot so that all of the markets may assess the effect of
this rule proposal on the national market system.
    As proposed, Rule 11.20B would enable the Exchange to pause trading
in an individual security that is primary listed [sic] on the Exchange
(a ``Listed Circuit Breaker Security'') if the price moves by 10% as
compared to prices of that security in the preceding five-minute period
during a trading day, which period is defined as a ``Trading Pause.''
To enable the market to absorb the opening price of a security and to
participate in the close, as proposed, the proposed rule would be in
effect from 9:45 a.m. to 3:35 p.m., Eastern time (all times referenced
in the Rule have now been converted to reflect Eastern time).
    Proposed Rule 11.20B(b) sets forth the re-opening procedures of a
Listed Circuit Breaker Security following a Trading Pause. As proposed,
the Exchange will re-open trading in the Listed Circuit Breaker
Security at the end of the Trading Pause subject to Exchange
procedures. As proposed, in the event of a significant imbalance, the
Exchange may delay the re-opening of the security past the five-minute
Trading Pause period. The Exchange will notify other markets if it
cannot reopen because of system changes, thereby enabling other market
to resume

trading even if the primary listing market has not re-opened.
    The 10% or more move in price will be calculated by comparing the
last consolidated sale price of a Listed Circuit Breaker Security
(``Trigger Trade'') to a reference price every second. For purposes of
this calculation, the reference price shall be any transaction in that
security printed to the Consolidated Tape during a five-minute period
before the Trigger Trade. Because the calculation period begins at 9:45
a.m., trades occurring after 9:45 a.m. may be a Trigger Trade; however,
the reference price(s) for such Trigger Trades will begin at 9:45 a.m.
In such case, in the first five minutes of the calculation period, the
reference prices for a Trigger Trade will not be based on five minutes
of trading in that security. For example, a trade at 9:45:05 will be
compared only to trades between 9:45:00 and 9:45:05. The last potential
Trigger Trade will be at 3:35 p.m., so that such Trading Pause will end
at 3:40 p.m.
    As proposed, only regular way, in-sequence transactions qualify as
either a Trigger Trade or a reference price. To ensure that erroneous
executions do not trigger a Trading Pause, the Exchange also proposes
that it can exclude a transaction price from use as a reference price
or Trigger Trade if it concludes that the transaction price resulted
from an erroneous trade.
    The proposed rule further provides that if a Trading Pause is
triggered for a Listed Circuit Breaker Security, the Exchange will
immediately notify the single plan processor responsible for
consolidation of information for the security.
    In addition, proposed Rule 11.20B(f) would allow the Exchange to
pause trading in an individual security when the primary listing market
for such security issues a trading pause in any Circuit Breaker
Security. If, however, trading has not resumed on the primary listing
market and ten minutes have passed since the individual security
trading pause message has been received from the responsible single
plan processor, the Exchange may resume trading in such security.
    The proposed rule would apply to trading pauses issued by primary
listing markets in ``Circuit Breaker Securities,'' as defined in
proposed Commentary .05. Specifically, on a pilot basis, set to end on
December 10, 2010, Circuit Breaker Securities would mean the securities
included in the S&P 500[supreg] Index. Thus, proposed Rule 11.20B would
be in effect only with respect to securities in the S&P 500[supreg]
Index.
    In addition to proposing the addition of new Rule 11.20B, the text
of the prior Rule 11.20 would be reformatted to make clear that newly
formatted Rule 11.20A applies to market-wide halts whereas proposed new
Rule 11.20B applies to individual security pauses. The time periods
specified in Rule 11.20A are also revised to make Eastern time the
uniform time zone referenced in the rule. Further, the text of Rule
11.20A(d) is proposed to be moved to a new Rule 11.20C to make clear
that the NSX book is cleared of all outstanding orders in the context
of both individual security pauses and market-wide halts. Similarly,
the commentary to Rule 11.20 is proposed to be edited in conformity
with the edits proposed elsewhere in the rule. As proposed, nothing in
the rule would be construed to affect or limit in any way the ability
of the Exchange to halt or suspend trading n [sic] one or more
securities pursuant to any other Exchange rule or policy.
Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\3\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \4\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
decisions to pause trading in a security when there are significant
price movements.
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    \3\ 15 U.S.C. 78f(b)(5).
    \4\ 15 U.S.C. 78k-1(a)(1).
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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 Exchange Act.

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

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

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

    Within 35 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 90 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.\5\
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    \5\ The Commission notes that the exchange has requested
accelerated approval of the filing.
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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 (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2010-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File No. SR-NSX-2010-05. This file
number should be included in the subject line if e-mail is used. To
help the Commission process and review 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 Section, 100 F Street, NE., Washington, DC 20549. Copies of
such filings will also 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-NSX-2010-05 and should be submitted on or before June 3,
2010.

    For the Commission by the Division of Trading and Markets,
pursuant to the delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12424 Filed 5-21-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Pages 34324-34325]
[FR Doc No: 2017-15418]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1734]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

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 www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, 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. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

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

    Dated: June 28, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                         Chief executive                         Online location of
        State and country          Location and case       officer of         Community map        letter of map        Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa....................  City of Tempe (17-   The Honorable Mark  City Hall           http://                Sep. 29, 2017........       040054
                                   09-0156P).           Mitchell Mayor,     Engineering         www.msc.fema.gov/
                                                        City of Tempe,      Department, 31      lomc
                                                        P.O. Box 5002       East 5th Street,
                                                        Tempe, AZ 85280.    Tempe, AZ 85281.
    Pinal.......................  Unincorporated       The Honorable       Pinal County,       http://                Sep. 22, 2017........       040077
                                   Areas of Pinal       Stephen Miller,     Engineering         www.msc.fema.gov/
                                   County (16-09-       Chairman, Board     Department, 31      lomc
                                   0931P).              of Supervisors,     North Pinal
                                                        Pinal County, 135   Street, Building
                                                        North Pinal         F, Florence, AZ
                                                        Street, Florence,   85132.
                                                        AZ 85132.
California:
    Fresno......................  City of Clovis (17-  The Honorable Bob   Building Division,  http://                Oct. 2, 2017.........       060044
                                   09-0445P).           Whalen, Mayor,      1033 5th Street,    www.msc.fema.gov/
                                                        City of Clovis,     Clovis, CA 93612.   lomc
                                                        1033 5th Street,
                                                        Clovis, CA 93612.

    Los Angeles.................  City of Santa        The Honorable       City Hall,          http://                Oct. 6, 2017.........       060729
                                   Clarita (17-09-      Cameron Smyth,      Planning            www.msc.fema.gov/
                                   0916P).              Mayor, City of      Department, 23920   lomc
                                                        Santa Clarita,      Valencia
                                                        23920 Valencia      Boulevard, Suite
                                                        Boulevard, Suite    300, Santa
                                                        300, Santa          Clarita, CA 91355.
                                                        Clarita, CA 91355.
Illinois:
    Kane........................  Village of           The Honorable John  Village Hall, 1200  http://                Oct. 5, 2017.........       170322
                                   Carpentersville      Skillman, Village   L.W. Besinger       www.msc.fema.gov/
                                   (17-05-1258P).       President,          Drive,              lomc
                                                        Village of          Carpentersville,
                                                        Carpentersville,    IL 60110.
                                                        1200 L.W.
                                                        Besinger Drive,
                                                        Carpentersville,
                                                        IL 60110.
Kansas:
    Johnson.....................  City of Overland     The Honorable Carl  City Hall, 8500     http://                Sep. 14, 2017........       200174
                                   Park (16-07-1770P).  Gerlach, Mayor,     Santa Fe Drive,     www.msc.fema.gov/
                                                        City of Overland    Overland Park, KS   lomc
                                                        Park, 8500 Santa    66212.
                                                        Fe Drive,
                                                        Overland Park, KS
                                                        66212.
Tennessee:
    Smith.......................  Unincorporated       The Honorable       Smith County        http://                Sep. 22, 2017........       470283
                                   Areas of Smith       Michael Nesbitt,    Turner Building,    www.msc.fema.gov/
                                   County (16-04-       Mayor, Smith        122 Turner High     lomc
                                   7918P).              County, 122         Circle, Carthage,
                                                        Turner High         TN 37030.
                                                        Circle, Carthage,
                                                        TN 37030.
    Trousdale...................  Unincorporated       The Honorable       Trousdale County,   http://                Sep. 22, 2017........       470192
                                   Areas of Trousdale   Carroll Carman,     Sheriff             www.msc.fema.gov/
                                   County (16-04-       Mayor, Trousdale    Department, 210     lomc
                                   7918P).              County, 328         Broadway,
                                                        Broadway, Room 6-   Hartsville, TN
                                                        10, Hartsville,     37074.
                                                        TN 37074.
Wisconsin:
    Outagamie...................  City of Appleton     The Honorable       City Hall, 100      http://                Sep. 29, 2017........       555542
                                   (17-05-1963P).       Timothy Hanna,      North Appleton      www.msc.fema.gov/
                                                        Mayor, City of      Street, Appleton,   lomc
                                                        Appleton, 100       WI 54911.
                                                        North Appleton
                                                        Street, Appleton,
                                                        WI 54911.
    Waukesha....................  Village of Sussex    The Honorable       Village Hall,       http://                Sep. 15, 2017........       550490
                                   (17-05-0632P).       Gregory L. Goetz,   N64W23760 Main      www.msc.fema.gov/
                                                        President,          Street, Sussex,     lomc
                                                        Village of          WI 53089.
                                                        Sussex, N64W23760
                                                        Main Street,
                                                        Sussex, WI 53089.
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[FR Doc. 2017-15418 Filed 7-21-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24205-24206]
[FR Doc No: 2017-10745]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0103; Notice 2]

Michelin North America, Inc., Mootness of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Mootness of Petition.

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SUMMARY: Michelin North America, Inc. (MNA), has determined that
certain Michelin heavy truck tires do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for
Motor Vehicles with a GVWR of More than 4,536 kilograms (10,000 pounds)
and Motorcycles. MNA filed a noncompliance report dated September 18,
2015. MNA then petitioned NHTSA on October 1, 2015, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety.

FOR FURTHER INFORMATION CONTACT: For further information on this
decision contact Abraham Diaz, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-5310, facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Overview

    Michelin North America, Inc. (MNA), has determined that certain
Michelin heavy truck tires do not fully comply with paragraphs S6.5(a)
and (j) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with a GVWR of

More than 4,536 kilograms (10,000 pounds) and Motorcycles. MNA has
filed a report dated September 18, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. MNA then
petitioned NHTSA on October 1, 2015, pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49 CFR part 556), for an exemption
from the notification and remedy requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is inconsequential as it relates
to motor vehicle safety.
    Notice of receipt of the petition was published with a 30-day
public comment period, on November 19, 2015 in the Federal Register (80
FR 72483). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2015-0103.''

II. Tires Involved

    Affected are approximately 247 Michelin X Works XZY size 315/
80R22.5 156/150K heavy truck tires that were manufactured between
January 1, 2011 and July 31, 2015.

III. Noncompliance

    MNA describes the noncompliance's as the inadvertent omission from
the tires sidewall of the letter marking that designates the tire load
range as required by paragraph S6.5(j) and the symbol ``DOT''
confirming certification as required by paragraph S6.5(a) of FMVSS No.
119.

IV. Rule Text

    Paragraph S6.5 of FMVSS No. 119 requires in pertinent part:

    S6.5 Tire Markings. Except as specified in this paragraph, each
tire shall be marked on each sidewall with the information specified
in paragraphs (a) through (j) of this section. . . .
    (a) The symbol DOT, which shall constitute a certification that
the tire conforms to applicable Federal Motor Vehicle Safety
standards. This symbol may be marked on only one sidewall. . . .
    (j) The letter designating the tire Load Range.

V. Summary of MNA's Petition

    MNA believes that while it did not intend to release the subject
tires for sale in the US market, and therefore did not mark the tires
accordingly, it believes that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
    (1) Maximum Load Rating: The subject tires are marked on both
sidewalls with the European Tyre and Rim Technical Organisation (ETRTO)
published load capacities in pounds and kilograms for single and dual
application in the format specified by FMVSS No. 119. MNA believes that
this marking provides sufficient information to ensure the proper
application of the tire.
    (2) Load Index: The subject tire is marked with the [International
Organization for Standardization] ISO load indices for single and dual
application as specified by the ETRTO standard. MNA believes that ISO
load indices are widely recognized within the industry and thus provide
additional information to ensure the proper application of the tire.
    (3) Other Markings: All other markings specified by FMVSS No. 119
are present on the tire including the full tire identification number
(TIN).
    (4) Performance: The subject tire meets all performance
requirements of FMVSS No. 119. MNA believes that the subject
noncompliances have no impact on the load carrying capacity of the tire
on a motor vehicle, nor on motor vehicle safety itself.
    (5) Vehicle Fitment: Paragraph S6 of FMVSS No. 119 requires that
the marking should contain load capacity values in pounds and kilograms
as well as a letter designating the load range. This information is
used by vehicle owners to ensure adequate tire load capacity for the
specific vehicle configuration. Although the subject tire lacks the
letter designating the load range, MNA believes that the ETRTO standard
load capacity values and ISO load indices for single and dual
application which are widely recognized in the industry are present to
ensure proper application.
    (6) MNA has additionally informed NHTSA that it has corrected its
internal systems error to prevent similar tires from being released for
sale in the U.S. market in the future.
    In summation, MNA believes that the described noncompliances of the
subject tires is inconsequential to motor vehicle safety, and that its
petition, to exempt MNA from providing recall notification of
noncompliances as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.

VI. NHTSA'S Decision

    As part of a settlement agreement for violations of 49 U.S.C.
30115(a) and 49 U.S.C. 30112(a)(1), MNA agreed to conduct a
notification and remedy campaign for the affected tires,\1\ therefore
this petition is moot. Refer to Docket No. NHTSA-2015-0103 for more
information about the settlement agreement.
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    \1\ NHTSA ID 15T-020.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
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49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-10745 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72894-72895]
[FR Doc No: 2012-29456]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68330; File No. SR-BATS-2012-045]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Expand
the Availability of Risk Management Tools

November 30, 2012.
    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 19, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 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 the
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to expand the
availability of the Exchange's Risk Management Tool (the ``Tool'') to
all Exchange Members.\3\ The Tool is currently available only to
Members that provide sponsored access to other market participants, as
described below.
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    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 parts 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 defines a ``Sponsored Participant'' as a person who
has entered into a sponsorship arrangement with a Sponsoring Member.\4\
A ``Sponsoring Member'' is defined as a broker-dealer that is a Member
of the Exchange and has been designated by a Sponsored Participant to
execute, clear and settle transactions occurring on the Exchange.\5\
Under BATS Rule 11.3(b), a Sponsoring Member may allow its customers to
enter orders directly into the trading systems of the Exchange as
Sponsored Participants, without the Sponsoring Member acting as an
intermediary.
---------------------------------------------------------------------------

    \4\ See BATS Rule 1.5(w).
    \5\ See BATS Rule 1.5(x).
---------------------------------------------------------------------------

    To facilitate the ability of a Sponsoring Member to monitor and
oversee the sponsored access activity of its Sponsored Participants,
the Exchange offers the Sponsored Access Risk Management Tool.\6\ This
optional service acts as a risk filter by causing the orders of
Sponsored Participants to be evaluated by the Tool prior to entering
the Exchange's matching engine for execution. When a Sponsored
Participant's order is evaluated by the Tool, it determines whether the
order complies with the order criteria established by the Sponsoring
Member for that Sponsored Participant. The order criteria pertain to
such matters as the size of the order (e.g., maximum notional value per
order and maximum shares per order), the order type (e.g., pre-market,
post-market, short sales and ISOs), restricted securities, easy to
borrow securities, and order cut-off (e.g., block new orders and cancel
all open orders).
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 60236 (July 2,
2009), 74 FR 34068 (July 14, 2009) (SR-BATS-2009-019) (notice of
filing and immediate effectiveness of proposed rule change to
establish a Sponsored Access Risk Management Tool).
---------------------------------------------------------------------------

    Given recent market events, the Exchange proposes to expand the
availability of the Tool to all Members. As amended, the Tool can be
configured by a Member to provide an Exchange offered risk management
solution. Just as the use of the Tool by a Sponsoring Member does not
automatically constitute compliance with Exchange Rules, the Exchange
does not believe that use of the Tool can replace Member-managed risk
management solutions. However, the Exchange does believe that the Tool
can be a valuable

addition to risk management solutions implemented by Members.
    As is currently the case, orders subject to the Tool will be
validated by the Exchange prior to entering the Exchange's matching
engine. Based on parameters provided to the Tool, the order will be
immediately passed on to the matching engine or rejected back to the
entering Member.
    The Exchange does not propose to require Members to use the Tool.
Members are free to use any appropriate risk-management tool or
service. The Exchange will not provide preferential treatment to
Members using the Tool.
    The Exchange proposes to make the Tool available to its Members
upon request. The Exchange believes the Tool will offer the Exchange's
Members another option in the efficient risk management of its Members'
access to BATS Exchange.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\7\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\8\
because it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system, and, in general, protect investors and
the public interest. The proposed rule change also is designed to
support the principles of Section 11A(a)(1) \9\ in that it seeks to
assure economically efficient execution of securities transactions,
make it practicable for brokers to execute investors' orders in the
best market, and provide an opportunity for investors' orders to be
executed without the participation of a dealer. Specifically, the
Exchange believes that the proposed rule change is consistent with all
of the aforementioned principles because it fosters competition by
providing another option in the efficient risk management of trading on
the Exchange. In particular, the Exchange notes that the proposal is
consistent with Section 11(A)(a)(1) in that it makes available to all
Exchange Members a Tool that previously was available only to Members
that provided sponsored access to Sponsored Participants. The Exchange
notes that a similar functionality has already been found to be
consistent with the Act by the Commission.\10\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-1(a)(1).
    \10\ Securities Exchange Act Release No. 59354 (February 3,
2009), 74 FR 6683 (February 10, 2009) (SR-NYSE-2008-101) (Approval
of NYSE Risk Management Gateway).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

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

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) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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-BATS-2012-045 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2012-045. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BATS-2012-045 and should be
submitted on or before December 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29456 Filed 12-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53670-53672]
[FR Doc No: 2022-18880]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0623]
RIN 1625-AA00

Safety Zone; Swim, Columbia River, Cascade Locks, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Columbia River. This action is necessary to
provide for the safety of participants and the maritime public during a
cross-channel swim on the Columbia River near Cascade Locks, Oregon, to
Stevenson, Washington, on the morning of September 5, 2022. This
regulation prohibits non-participant persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Columbia
River or a designated representative.

DATES: This rule is effective from 7 to 11 a.m. on September 5, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0623 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
rulemaking, call or email LT Carlie Gilligan, Waterways Management
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
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

    On April 20, 2022, True West LLC with Visit Hood River notified the
Coast Guard that the Roy Webster Cross Channel Swim, an annually
recurring marine event, will be occurring at Cascade Locks to
Stevenson. The event consists of a cross-channel swim from 7:30 to
10:30 a.m. on September 5, 2022. In response, on August 3, 2022, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Swim, Columbia River, Cascade Locks, OR (87 FR 47661).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this swim event. During the
comment period that ended August 19, 2022, we received no comments.
    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 and contrary to the public interest
because immediate action is needed to protect persons and vessels from
the safety hazards associated with the planned swim event on September
5, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Columbia
River (COTP) has determined that potential hazards associated with the
swim event will be a concern for those in and on the waterway during
the event. The purpose of this rule is to ensure safety of participants
in the safety zone before, during, and after the scheduled event.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM published
August 3, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 7 to 11 a.m. on September
5, 2022. The safety zone covers all navigable waters of the Columbia
River between RM 149 and RM 150 near Cascade Locks, Oregon. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 7:30 to
10:30 a.m. swim. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP 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,
location, and duration of the safety zone. The safety zone created by
this proposed rule is designed to minimize its impact on navigable
waters. This proposed rule would prohibit entry into certain navigable
waters of the Columbia River and is not anticipated to exceed four
hours in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions, vessels may still transit through the safety zone when
permitted by the COTP. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter 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 received no comments from the Small Business
Administration on this rulemaking. 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 affects 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 does 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 safety
zone lasting 4 hours that would prohibit entry between RM 149 to RM 150
on the Columbia River. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A 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.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0623 to read as follows:

Sec.  165.T13-0623   Safety Zone; Columbia River, Cascade Locks, OR.

    (a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, from surface to bottom, starting
approximately RM 150 to RM 149.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling<PHONE_NUMBER> or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
    (3) The COTP will provide advance notice of the regulated area via
broadcast notice to mariners. The COTP may also designate on-scene

representatives to provide such advance notice.
    (d) Enforcement period. This section will be enforced from 7 until
11 a.m. on September 5, 2022. It will be subject to enforcement this
entire period unless the COTP determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.

    Dated: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-18880 Filed 8-31-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74650-74652]
[FR Doc No: 2014-29416]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-8361]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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 http://www.fema.gov/fema/csb.shtm.

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 David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 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. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    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:

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

Virginia:
    Clinchport, Town of, Scott        510143  March 11, 1974,     Jan. 7, 2015..........  Jan. 7, 2015
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               January 7, 2015,
                                               Susp.
    Duffield, Town of, Scott          510240  July 23, 1975,      ......do*.............   Do.
     County.                                   Emerg; May 25,
                                               1978, Reg;
                                               January 7, 2015,
                                               Susp.
    Gate City, Town of, Scott         510145  May 9, 1975,        ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1979, Reg;
                                               January 7, 2015,
                                               Susp.
    Scott County,                     510142  February 11, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               1, 1979, Reg;
                                               January 7, 2015,
                                               Susp.
    Weber City, Town of, Scott        510146  March 15, 1974,     ......do..............   Do.
     County.                                   Emerg; November
                                               15, 1978, Reg;
                                               January 7, 2015,
                                               Susp.

           Region V

Indiana:

    Carthage, Town of, Rush           180222  May 5, 1975,        ......do..............   Do.
     County.                                   Emerg; November
                                               2, 1983, Reg;
                                               January 7, 2015,
                                               Susp.
    Greene County,                    180436  January 31, 2003,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               January 7, 2015,
                                               Susp.
    Linton, City of, Greene           180456  September 30,       ......do..............   Do.
     County.                                   1986, Emerg;
                                               March 19, 1990,
                                               Reg; January 7,
                                               2015, Susp.
    Rush County,                      180421  May 7, 1975,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               1, 1982, Reg;
                                               January 7, 2015,
                                               Susp.
    Rushville, City of, Rush          180223  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; November
                                               3, 1982, Reg;
                                               January 7, 2015,
                                               Susp.
    Worthington, Town of,             180079  July 29, 1975,      ......do..............   Do.
     Greene County.                            Emerg; September
                                               1, 1986, Reg;
                                               January 7, 2015,
                                               Susp.

          Region VII

Iowa:
    Charles City, City of,            190128  March 3, 1972,      ......do..............   Do.
     Floyd County.                             Emerg; February
                                               2, 1977, Reg;
                                               January 7, 2015,
                                               Susp.
    Floyd County,                     190127  September 18,       ......do..............   Do.
     Unincorporated Areas.                     1996, Emerg;
                                               December 1, 1997,
                                               Reg; January 7,
                                               2015, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- =Ditto.
Code for reading third column: Emerg. _Emergency; Reg. _Regular; Susp. _Suspension.

    Dated: November 20, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2014-29416 Filed 12-15-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16386-16387]
[FR Doc No: 2017-06613]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-1324-000]

Playa Solar 2, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Playa Solar 2, LLC`s application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 18, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://

www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: March 29, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-06613 Filed 4-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Rules and Regulations]
[Page 53331-53335]
[DOCID:fr11se06-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 355

[EPA-HQ-SFUND-2005-0520; FRL-8217-4]
RIN 2050-AG32

Reportable Quantity Adjustment for Isophorone Diisocyanate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to adjust the reportable quantity (RQ) for Isophorone
Diisocyanate (IPDI). Reportable quantities for many Extremely Hazardous
Substances (EHS) under the Emergency Planning and Community Right-to-
Know Act (EPCRA) were adjusted to their threshold planning quantities
(TPQ) in a final rule on May 7, 1996. On September 8, 2003, EPA
modified the TPQ for IPDI to 500 pounds.
    However, EPA inadvertently omitted an RQ adjustment for this
substance. Therefore, EPA is now adjusting the RQ for IPDI to be 500
pounds.

DATES: This final rule is effective on November 13, 2006, unless EPA
receives adverse comments by October 11, 2006.

If adverse comment is received, EPA will publish a timely withdrawal of
this direct final rule in the Federal Register informing the public
that the rule will not take effect.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-SFUND-2005-0520. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, 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
http://www.regulations.gov or in hard copy at the Superfund Docket, EPA/DC,

EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Superfund Docket is<PHONE_NUMBER>. Note: The EPA Docket Center
suffered damage due to flooding during the last week of June 2006. The
Docket Center is continuing to operate. However, during the cleanup,
there will be temporary changes to Docket Center telephone numbers,
addresses, and hours of operation for people who wish to make hand
deliveries or visit the Public Reading Room to view documents. Consult
EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA
Web site at http://www.epa.gov/epahome/dockets.htm for current

information on docket operations, locations and telephone numbers. The
Docket Center's mailing address for U.S. mail and the procedure for
submitting comments to http://www.regulations.gov are not affected by the

flooding and will remain the same.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania
Avenue NW.; telephone number:<PHONE_NUMBER>; fax number: (202) 564-
2620; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior
proposal because we view the RQ adjustment for IPDI as non-
controversial. We anticipate no adverse comments since this adjustment
is consistent with the approach we used in the May 7, 1996 final rule
for setting RQs for other EHSs. We believe conforming the RQ to the TPQ
will have no impact on human health and the environment since the TPQ
methodology as explained in both the interim final rule (November 17,
1986, 51 FR 41570) and the final rule (April 22, 1987, 52 FR 13378) is
based on the possibility of harm from release.
    This direct final rule will be effective on November 13, 2006
without further notice, unless we receive adverse comment by October
11, 2006. In the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to adjust the RQ for IPDI, if adverse comments are filed.
If EPA receives adverse comment on this chemical-specific RQ
adjustment, we will publish a timely withdrawal in the federal Register
and will address all public comments in a subsequent final rule based
on the proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting on this action must
do so at this time.

I. What Is the Authority for This Action?

    Section 328 of the Emergency Planning and Community Right-to-Know
Act (EPCRA) of 1986 authorizes the Administrator to issue regulations
to carry out the statute, including EPCRA section 304.

II. What Is the General Background for This Action?

    The Emergency Planning and Community Right-to-Know Act (EPCRA) was
established to encourage state and local planning and preparedness for
spills or releases of Extremely Hazardous Substances (EHSs) and to
provide the public and local governments with information concerning
chemical releases and the potential chemical risks in their
communities. EPCRA contains provisions requiring facilities to report
the presence, use and releases of EHSs (described in sections 302 and
304) and hazardous and toxic chemicals (described in sections 311, 312,
and 313 respectively). The implementing regulations for these statutory
requirements are codified in 40 CFR parts 355, 370 and 372.
    Section 302 of EPCRA directs EPA to publish the list of EHSs and
their threshold planning quantities (TPQs). EPA published a final rule
with the list of EHSs and their TPQs on April 22, 1987 (52 FR 13378).
The list of EHS is defined in section 302(a)(2) as the ``list of
substances published in November, 1985 by the Administrator in Appendix
A of the Chemical Emergency Preparedness Program Interim Guidance.''
This list was established by EPA to identity chemical substances which
could cause serious irreversible health effects from accidental
releases (52 FR 13378). Under section 302, a facility which has present
an EHS in excess of its TPQ must notify its state emergency response
commission (SERC) and work with the local emergency planning committee
(LEPC) on emergency planning activities.
    Section 304 of EPCRA requires immediate reporting of certain
releases of EHSs and hazardous substances listed under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) to SERCs and LEPCs, similar to the release reporting
provisions of CERCLA section 103. A facility is required to notify the
SERC and the LEPC if the release of an EHS or hazardous substance
occurs at or above the reportable quantity (RQ). In the 1987 Federal
Register notice, EPA also published the RQs for EHSs. Many of the EHSs
are also listed as CERCLA hazardous substances and their RQs are
established under CERCLA.
    CERCLA section 103 requires facilities to notify the national
response center of any release of a hazardous substance in an amount
equal to or in excess of its RQ. EPCRA section 304 notification is in
addition to the CERCLA section 103 notification. Although similar, the
purpose of both reporting requirements is somewhat different.
Information derived from CERCLA section 103 can be used for Federal
planning and coordination of response entities and for federal
contingency plans. EPCRA reporting generally is designed to enhance
local and state emergency response capability to protect the public in
the event of dangerous chemical releases. The potential hazards posed
by EHSs make state and local notification critical to effective and
timely emergency response in the community.
    EPCRA section 304(a) provides that chemicals on the EHS list which
do not have an RQ assigned to them by regulation will have a reportable
quantity of l pound. Certain EHSs (i.e., those that are not also CERCLA
hazardous substances with RQs assigned under CERCLA) were assigned the
statutory RQ of one pound in the April, 1987 final rule. On August 30,
1989 (54 FR 35988), EPA proposed to revise the RQs for these EHSs. In a
final rule published on May 7, 1996, (61 FR 20473), EPA raised the
statutory reportable quantities for these EHSs, assigning the RQ for
each hazardous substance to be the same as their TPQs.

    In the May, 1996 final rule, EPA used the TPQ methodology to adjust
the RQs (see 61 FR 20473). As explained in that rulemaking, the Agency
believes EHS RQs should be based on a hazardous substance's potential
for immediate effects; this approach reflects the fact that EPCRA
reporting of EHS releases is required because EHSs are acutely toxic
and can potentially pose an immediate hazard upon release. The TPQ
methodology, designed specifically for EHSs, is based on such effects,
utilizing a ``level of concern'' based upon short-term exposure
concentrations that could lead to serious irreversible health effects.
Where the TPQ for an EHS (that is not a CERCLA hazardous substance)
represents a quantity that could cause serious health consequences if
an accident were to occur with that quantity, the Agency believes it is
appropriate to set the RQs for that EHS using a consistent risk-based
approach. In this manner, the Agency can harmonize EHS reporting
requirements for purposes of EPCRA section 302 (using TPQs) and EPCRA
section 304 (using RQs).

III. What Is the Revision in This Action?

    On September 8, 2003 (68 FR 52978), EPA modified the TPQ for
Isophorone Diisocyanate (IPDI) (CAS No. 4098-71-9) to 500 pounds. IPDI
was one of the EHSs RQ that was adjusted using the TPQ methodology.
When the TPQ for IPDI was modified in September 2003, EPA inadvertently
did not make a corresponding RQ adjustment for IPDI. Currently, the RQ
for this chemical is set at 100 pounds.
    The RQ should have been changed to be consistent with the adjusted
TPQ, which is 500 pounds. Therefore, consistent with the approach
described in the May, 1996 final rule, EPA is amending the rules to
ensure the RQ for this chemical is the same as its TPQ.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
Rather, it reduces burden on those facilities that may have an
accidental release of this chemical below 500 pounds. OMB has
previously approved the information collection requirements contained
in the existing regulations, 40 CFR part 355, under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2050-0092, EPA ICR No. 1395.06. A copy of the OMB
approved Information Collection Request (ICR) may be obtained from
Susan Auby, Collection Strategies Division; U. S. Environmental
Protection Agency (2822T); 1200 Pennsylvania Avenue., NW., Washington,
DC 20460 or by calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute, unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, a small entity is defined by the Small Business
Administration by category of business using North American Industrial
Classification System (NAICS) and codified at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This action does not have any significant economic impact on small
entities. This action is intended to reduce burden on facilities that
may have an accidental release of Isophorone Diisocyanate below 500
pounds. We have therefore concluded that today's direct final rule will
relieve regulatory burden for all affected small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
    Before promulgating an EPA rule for which a written statement is
needed, section 205 of UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law.
    Moreover, section 205 allows EPA to adopt an alternative other than
the least costly, most-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.

    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of UMRA a small
government agency plan. The plan must provide for notifying potentially
affected small governments, enabling officials of affected small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements.
    EPA has determined that this action contains no regulatory
requirements that might significantly or uniquely affect small
governments. As explained above, this action would reduce burden on
those facilities that may have accidental releases of Isophorone
Diisocyanate in small quantities. Therefore, we have determined that
today's rule is not subject to the requirements of sections 202, 203 or
205 of UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects 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.''
    This action does not have federalism implications. It would not
have substantial direct effects 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,
as specified in Executive Order 13132. This action would not preempt
State law or regulations. Thus, Executive Order 13132 does not apply to
this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249), November 9, 2000,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This action does not have
tribal implications, as specified in Executive Order 13175.
    This action is intended to reduce burden on regulated entities that
may have releases of this chemical in small quantities. Thus, Executive
Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866; and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This action is not subject to Executive Order
13045 because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards such as materials specifications, test methods,
sampling procedures, and business practices that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, NTTAA
does not apply.

J. Congressional Review Act

    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 rule 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).

List of Subjects in 40 CFR Part 355

    Environmental Protection, Chemicals, Hazardous Substances,
Extremely Hazardous Substances, Reportable Quantities.

    Dated: August 31, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, part 355 of title 40 of the
Code of Federal Regulations is amended as follows:

PART 355--EMERGENCY PLANNING AND NOTIFICATION

0
1. The authority citation for part 355 continues to read as follows:

    Authority: 42 U.S.C. 11002, 11004, and 11048.

Appendix A--[Amended]

0
2. In Appendix A, the table is amended by revising the entry for CAS
No.``4098-71-9'' (chemical name--Isophorone Diisocyanate) to read as
follows:

Appendix A to Part 355--The List of Extremely Hazardous Substances and
Their Threshold Planning Quantities

                                              [Alphabetical Order]
----------------------------------------------------------------------------------------------------------------
                                                                                Threshold
                                                                                Reportable    planning
            CAS No.                    Chemical name                   Notes              quantity     quantity
                                                                                (pounds)     (pounds)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
4098-71-9......................  Isophorone Diisocyanate..  ..........................          500          500

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Appendix B, the table is amended by revising the entry for CAS
No. ``4098-71-9'' (chemical name--Isophorone Diisocyanate) to read as
follows:

Appendix B to Part 355--The List of Extremely Hazardous Substances and
Their Threshold Planning Quantities

                                                 [CAS No. Order]
----------------------------------------------------------------------------------------------------------------
                                                                                Threshold
                                                                                Reportable    planning
            CAS No.                    Chemical name                   Notes              quantity     quantity
                                                                                (pounds)     (pounds)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
4098-71-9......................  Isophorone Diisocyanate..  ..........................          500          500

                                                  * * * * * * *
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[FR Doc. E6-14849 Filed 9-8-06; 8:45 am]

BILLING CODE 6560-50-P