[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38951-38956]
[FR Doc No: 2020-13875]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89131; File No. SR-CBOE-2020-055]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Amend Rule 5.24

June 23, 2020.
    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 June 12, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 5.24. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 5.24 regarding the Exchange's
business continuity and disaster recovery plans. Rule 5.24 describes
which Trading Permit Holders (``TPHs'') are required to connect to the
Exchange's backup systems as well as certain actions the Exchange may
take as part of its business continuity plans so that it may maintain
fair and orderly markets if unusual circumstances occurred that could
impact the Exchange's ability to conduct business. This includes what
actions the Exchange would take if its trading floor became inoperable.
Specifically, Rule 5.24(e) states if the Exchange trading floor becomes
inoperable, the Exchange will continue to operate in a screen-based
only environment using a floorless configuration of the System that is
operational while the trading floor facility is inoperable. The
Exchange would operate using that configuration only until the
Exchange's trading floor facility became operational. Open outcry
trading would currently not be available in the event the trading floor
becomes inoperable.\3\
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    \3\ Pursuant to Rule 5.26, the Exchange may enter into a back-up
trading arrangement with another exchange, which could allow the
Exchange to use the facilities of a back-up exchange to conduct
trading of certain of its products. The Exchange currently has no
back-up trading arrangement in place with another exchange.
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    Rule 5.24(e)(1) currently states in the event that the trading
floor becomes inoperable, trading will be conducted pursuant to all
applicable System Rules, except that open outcry Rules would not be in
force, including but not limited to the Rules (or applicable portions)
in Chapter 5, Section G,\4\ and that all non-trading rules of the
Exchange would continue to apply. The Exchange recently adopted several
rule changes that would apply during a time in which the trading floor
in inoperable, which are effective until June 30, 2020.\5\ The Exchange
believes these Rules were necessary to implement to maintain a fair and
orderly market while the trading floor was not operable in order to
create an all-electronic trading environment similar to the otherwise
unavailable open outcry trading environment.
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    \4\ Chapter 5, Section G of the Exchange's rulebook sets forth
the rules and procedures for manual order handling and open outcry
trading on the Exchange.
    \5\ See Securities Exchange Act Release Nos. 88386 (March 13,
2020), 85 FR 15823 (March 19, 2020) (SR-CBOE-2020-019); 88447 (March
20, 2020) (SR-CBOE-2020-023); 88490 (March 26, 2020), 85 FR 18318
(April 1, 2020) (SR-CBOE-2020-026); 88530 (March 31, 2020), 85 FR
19182 (April 6, 2020) (SR-CBOE-2020-031); and 88886 (May 15, 2020),
85 FR 31008 (May 21, 2020) (SR-CBOE-2020-047).
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    As of March 16, 2020, the Exchange suspended open outcry trading to
help prevent the spread of COVID-19 \6\ and is currently operating in
an all-electronic configuration. The Exchange has continued to operate
in an all-electronic configuration but currently plans to reopen its
trading floor on June 15, 2020, at which time the Exchange will return
to its normal operations as a hybrid exchange with electronic and open
outcry trading. However, given the uncertainty related to the ongoing
pandemic, which includes the possibility of the Exchange having to
close its trading floor again, and given the possibility that the
Exchange's trading floor may be inoperable for other reasons in the
future, the Exchange

believes it is appropriate to continue to review and enhance its
business continuity plans. While the recent amendments to Rule
5.24(e)(1) allowed all-electronic trading to occur more similarly to
open outcry trading, an all-electronic trading environment cannot fully
replicate open outcry trading.\7\ Therefore, the Exchange continues to
evaluate potential enhancements that it believes would permit trading
while the trading floor is inoperable to more closely replicate its
trading environment that exists during normal operations.
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    \6\ On March 11, 2020, the World Health Organization
characterized COVID-19 as a pandemic and to slow the spread of the
disease, federal and state officials implemented social-distancing
measures, placed significant limitations on large gatherings,
limited travel, and closed non-essential businesses.
    \7\ The Exchange continues to consider other enhancements to the
all-electronic trading configuration that it believes may permit
this configuration to further replicate the open outcry trading
environment. The Exchange would submit separate rule filings for any
such proposed enhancements.
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    There are certain features of open outcry trading that are
difficult to replicate in an electronic trading environment,
particularly the human interaction that permits persons to negotiate
pricing and to facilitate executions of larger orders and high-risk and
complicated strategies. For example, from January 2 through March 13,
2020 (the last day on which the trading floor was open), complex orders
for SPX options with more than six legs represented approximately 5.3%
of the total SPX complex order average daily volume (``ADV'') during
that timeframe. However, from March 16, 2020 (the first day on which
the trading floor was closed) through April 30, 2020, complex orders
for SPX options with more than six legs represented only approximately
2.2% of the total SPX complex order ADV during that similar timeframe.
Similarly, the corresponding ADV percentages for VIX options complex
orders were approximately 6.2% (prior to the trading floor closing) and
1.8% (after the trading floor closing), respectively. This data, taken
into consideration with feedback from customers, demonstrates the
difficulty market participants have with executing high-risk and
complex strategies in an all-electronic trading environment that does
not allow for human interaction.
    The Exchange believes the proposed rule change would further
enhance the Exchange's trading environment when the trading floor is
inoperable by permitting market participants that generally operate on
the trading floor to continue to interact in a substantially similar
manner as they do on the trading floor. Specifically, the Exchange
proposes to adopt Rule 5.24(e)(3) to permit it to make available an
audio and video communication program to serve as a ``virtual trading
floor'' in one or more option classes \8\ if the physical trading floor
is inoperable or operating in a modified state (as further discussed
below). In the program, the Exchange will create ``virtual trading
pits,'' in each of which the Exchange will determine which options
class(es) will be available for trading. This is similar to the
Exchange's authority with respect to open outcry trading on the
physical trading floor.\9\
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    \8\ Like open outcry trading on the trading floor, open outcry
trading on the virtual trading floor would be available only during
Regular Trading Hours.
    \9\ Pursuant to Rule 5.50(h), the Exchange may determine for
each options class traded on the Exchange whether the class should
be appointed to a trading crowd and which trading crowd should be
appointed the class, and to determine the location on the Exchange's
trading floor of each trading crowd.
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    The Exchange will use a communication program that has audio and
video capabilities, as well as ``chat'' functionality.\10\ In a virtual
trading pit, each TPH authorized to access the virtual trading floor
(as described below) that enters the virtual trading pit will be
visible to all other TPHs in that virtual trading pit. Additionally,
all TPHs in that virtual trading pit may speak to each other through
the program. This will allow the same communication capabilities TPHs
generally have on the physical trading floor so that they may conduct
open outcry trading on the virtual trading floor in the same manner as
they do on the physical trading floor.
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    \10\ Currently available programs with this functionality
include Zoom, Webex, Microsoft Teams, and others.
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    All Rules related to open outcry trading, including those in
Chapter 5, Section G, will apply to open outcry trading on the virtual
floor in the same manner as they apply to open outcry trading on the
physical trading floor, except as the context otherwise requires \11\
and as set forth in proposed subparagraph (e)(3). Proposed subparagraph
(e)(3)(A) lists certain terms in the Rules related to open outcry
trading on the physical trading floor that will be deemed to refer to
corresponding terms related to open outcry trading on the virtual
trading floor. Specifically:
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    \11\ For example, Rule 5.80(d)(4)(1) requires a clerk to remain
at a booth subject to certain exceptions. The concept of a booth is
specific to the physical trading floor so has no applicability to
the virtual trading floor. Additionally, as the virtual trading
floor has no physical trading space, Rule 5.93 regarding trading
crowd space disputes has no applicability to the virtual trading
floor.
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     References in the Rules to the ``floor,'' ``trading
floor,'' and ``Exchange floor'' (and any other terms with the same
meaning) will be deemed to refer to the ``virtual trading floor.''
     References in the Rules to ``pit,'' ``trading station,''
and ``trading post'' (and any other terms with the same meaning) will
be deemed to refer to a ``virtual trading pit.''
     References in the Rules to ``physical presence'' (any
other terms with the same meaning) in a pit or on the trading floor
will be deemed to refer ``presence'' in a virtual trading pit or on the
virtual trading floor, respectively.
     The terms ``in-crowd market participant'' and ``ICMP''
mean a Market-Maker, a Designated Primary Market-Maker (``DPM'') or
Lead Market-Maker (``LMM'') with an allocation in a class, or a Floor
Broker or PAR Official representing an order in a virtual pit on the
virtual trading floor.\12\
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    \12\ This is substantially similar to the definition of ICMP in
Rule 1.1.
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     References to an ``on-floor DPM'' or ``on-floor LMM'' will
be deemed to refer to a DPM or LMM, respectively, in a virtual pit for
its allocated class(es).
    Access to the virtual trading floor will be substantially similar
to access to the physical trading floor. Currently, admission to the
physical trading floor is limited to Trading Permit Holders, Exchange
employees, clerks employed by Trading Permit Holders and registered
with the Exchange, service personnel, Exchange visitors that receive
authorized admission to the trading floor pursuant to Exchange policy,
and any other persons that the Exchange \13\ authorizes admission to
the trading floor.\14\ Proposed subparagraph (3)(B) provides the same
persons with access to the virtual trading floor, except for clerks,
service personnel, and visitors. Clerks may continue to perform the
same functions for their associated Floor Broker TPH organizations in
connection with open outcry trading on the virtual trading floor as
they do for open outcry trading on the physical trading floor, but they
will not receive access to enter (i.e. log into) the virtual trading
floor, as they do not need that access to perform those functions.
Additionally, as there is no physical equipment that would need service
on the virtual trading floor, and no purpose for a visitor to observe
the virtual trading floor, the proposed rule change excludes service
personnel and visitors from accessing the virtual trading floor.\15\
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    \13\ Rule 5.80(a) provides the President or a designee with this
authority. However, decisions regarding admission to the floor are
generally made by appropriate Exchange staff, which may include the
President. The Exchange believes use of the term ``Exchange'' is,
therefore, more appropriate.
    \14\ See Rule 5.80(a).
    \15\ While the Exchange does not anticipate granting any other
individuals with access to the virtual trading floor outside of TPHs
and Exchange personnel (such as PAR Officials and Regulatory
Division staff), the Exchange believes the flexibility to permit
Exchange personnel to access the virtual trading floor is
appropriate, such as to permit access to make updates to the
communication program.

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    As is the case with the physical trading floor, the Exchange will
provide access to the virtual trading floor to TPHs the Exchange has
approved to perform a trading floor function (including Floor Brokers
and Market-Makers).\16\ TPHs are not required to display badges on the
virtual trading floor, as the size of the view on the communication
program may not permit badges to be visible.\17\ Currently, on the
physical trading floor, a Market-Maker has an appointment to trade open
outcry in all classes trading on the Exchange (and must be physically
present in the trading crowd to trade in open outcry).\18\ Similarly,
any Market-Maker authorized to act on the physical trading floor will
receive access to each virtual trading pit on the virtual trading floor
and may determine which virtual trading pits it wants to enter to
trade.
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    \16\ See Rule 5.80(e), pursuant to which only those TPHs the
Exchange has approved to perform a floor trading function (including
Floor Brokers and Market-Makers) may enter into transactions on the
trading floor.
    \17\ The virtual trading floor program will identify the TPH
organization of each participant in a virtual trading pit.
    \18\ See Rule 5.50(e).
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    As set forth in Rule 5.81(a), subject to the requirements in that
Rule, TPHs may use any communication device (e.g., any hardware or
software related to a phone, system, or other device, including an
instant messaging system, email system, or similar device) on the
trading floor and in any trading crowd of the Exchange (which it must
register with the Exchange). Pursuant to proposed subparagraph (3)(C),
TPHs may use any equipment to access the virtual trading floor.
However, TPHs must use Exchange-provided equipment to access PAR
workstations while transacting on the virtual trading floor for
security purposes. PAR will be used and work in the same manner for the
virtual trading floor as it is on the physical trading floor.\19\ Prior
to using a communications device for business purposes on the trading
floor of the Exchange, Trading Permit Holders must register the
communications device by identifying (in a form and manner prescribed
by the Exchange) the hardware (i.e., headset, cellular telephone,
tablet, or other similar hardware). Because individuals on the virtual
trading floor will not be on the Exchange premises (and thus will not
be using Exchange-provided bandwidth to be shared with all market
participants and do not pose the same security risks), the proposed
rule change will not require TPHs to register devices they use while on
the virtual trading floor. Rule 5.81(a) will otherwise apply in the
same manner to the virtual trading floor as it does to the physical
trading floor (to the extent the context requires). This includes
requirements related to audit trail and record retention, prohibition
on using any device for the purpose of recording activities in the
virtual trading pit or maintaining an open line of continuous
communication whereby a non-associated person not located in the
trading crowd may continuously monitor the activities in the trading
crowd, and the prohibition on using devices to disseminate quotes or
last sale reports.
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    \19\ See Rule 5.82. The Exchange notes TPHs similarly use
Exchange-provided hardware to access PAR on the physical trading
floor.
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    Proposed subparagraph (3)(D) provides that the Exchange may
determine to require any Market-Maker or Floor Broker in a virtual
trading pit that wants to trade against an order represented for
execution to express its bid or offer in a chat available in the
virtual trading pit.\20\ TPHs on the physical trading floor only
verbalize their interest to trade against a represented order, so not
requiring bids and offers to be included in a chat conforms to current
practice on the trading floor. However, given potential limitations of
communication software (such as limitations on how many people may be
heard at the same time in a virtual pit or potential buffering or
echoing), the Exchange believes it may be appropriate to require market
participants to use a chat tool in the communication program to
indicate their interest in participating in a trade so that the
representing Floor Broker is able to know the market from the trading
crowd and fairly allocate the trade pursuant to the Rules. The Exchange
believes the flexibility to impose this requirement in a virtual
trading pit is appropriate, as these limitations may ultimately not
interfere with a Floor Broker's ability to hear all interest
(particularly in virtual trading pits with few participants) and thus
the additional requirement may potentially slow down executions.
Flexibility will permit the Exchange to balance system limitations with
the additional burden of a new workflow step for each class, some of
which have different open outcry trading environments than others.
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    \20\ The Exchange will announce to all TPHs any determination to
require bids and offers to be expressed in a chat within the
communication program pursuant to Rule 1.5 (such as by Exchange
notice or regulatory circular). The Exchange will provide such
notice with sufficient advance notice.
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    As noted above, the Exchange may determine to make the virtual
trading floor available if the physical trading floor is operating in a
modified state. Proposed subparagraph (e)(3)(E) provides that if the
Exchange determines to operate the trading floor in a modified state
that requires the Exchange to limit the number of individuals that may
access the trading floor,\21\ the Exchange may provide a virtual
trading for an impacted class. Effective June 15, 2020, the Exchange
will modify the configuration of certain trading crowds in order to
ensure compliance with state and local health and safety guidelines, as
well as ensure the safety and welfare of any individual that accesses
the trading floor (i.e., operating in a modified state). Specifically,
the Exchange anticipates having to not only relocate and modify the
physical area of at least one trading crowd, but also intends to
require floor participants to stand in such trading crowd in order to
comply with state and local health and safety guidelines, including
social distancing (i.e., provide for at least 6 feet between
individuals). As a result, with respect one trading class (the SPX
options pit), there will be a smaller number of available trading
spaces than are generally available in the normal SPX options pit.
Therefore, certain individuals that normally trade in the SPX options
pit will be unable to do so while the Exchange operates its trading
floor in the modified state. Additionally, the Exchange understands
certain individuals that normally trade on the physical trading floor
have indicated they do not plan to initially return to the trading
floor due to their own health and safety concerns.\22\
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    \21\ For example, as the Exchange intends to do upon reopening
the physical trading floor on June 15, 2020, the Exchange may
temporarily relocate or resize a trading pit for safety and welfare
purposes. See Exchange Notice C2020060300, Schedule Update--Cboe
Options Trading Floor Re-Opening June 15, 2020, available at https://cdn.cboe.com/resources/release_notes/2020/C1-Trading-Floor-Re-Opening-Second-Reminder-and-Update.pdf.
    \22\ There may be other reasons why the Exchange operates its
trading floor in a modified state. For example, if there was a fire
on the trading floor, the Exchange may need to relocate and modify
the size of one or more trading crowds, which could similarly
require it to limit the number of individuals that may access the
physical trading floor.
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    If the Exchange makes a virtual trading floor available while the
physical trading floor operates in a modified state, persons authorized
but unable to access the physical trading floor will be provided with
access to the virtual trading floor. For example, given the current
expected reconfiguration of

the SPX options pit, approximately half of the Floor Brokers and
Market-Makers that normally trade in the SPX options pit will not be
able to trade in the modified SPX options pit. The proposed rule change
would provide these Floor Brokers and Market-Makers with access to the
virtual trading floor.
    The virtual trading floor would essentially supplement the physical
trading floor. Specifically, the physical and virtual trading pit for a
class will together constitute a single trading pit for that class, and
each will be visible and audible to the other. This will permit any
orders represented and bids and offers made on the physical trading
floor to be available for execution against orders represented and bids
and offers made on the virtual trading floor, and vice versa. In order
to integrate the physical and virtual trading pits for a class, the
Exchange intends to add screens and speakers to the physical trading
floor that would permit ICMPs on the physical trading floor to see and
hear individuals on the virtual trading floor. Additionally, the
Exchange intends to add cameras and microphones to the physical trading
floor that would permit ICMPs on the virtual trading floor to see and
hear individuals on the physical trading floor.
    The Exchange believes offering a virtual trading floor to
supplement the physical trading floor for any class impacted by the
Exchange's operation of the physical trading floor in a modified state
will provide access to open outcry trading for all individuals that
normally trade on the physical trading floor, which could increase
liquidity available in the trading pits within which fewer persons may
physically participate. Because all participants will have access to
the same pool of liquidity while the trading floor operates in this
modified state, customer orders represented for execution within the
single pit will have access to the best prices available, regardless of
whether those prices are expressed on the physical trading floor or
virtual trading floor.
    While open outcry trading on the virtual trading floor will occur
with in-crowd market participants interacting with each other remotely
through a computer communication program, all trading that occurs on
the virtual trading floor will occur in the same manner as it does on
the physical trading floor. Specifically, open outcry trading on the
virtual trading floor will be subject to the same priority and
allocation rules as open trading on the physical trading floor, as set
forth in Rule 5.85. The Exchange will make the same order types and
instructions available on the virtual trading floor as it makes
available on the physical trading floor pursuant to Rule 5.83.\23\
Floor Brokers will be subject to the responsibilities set forth in Rule
5.91 on the virtual trading floor, as they are on the physical trading
floor. Additionally, TPHs participating on the virtual trading floor
will be subject to the same regulatory requirements on the virtual
trading floor as they are on the physical trading floor, including
those set forth in Chapters 8 and 9. Orders must be systematized \24\
and represented,\25\ and transactions reported,\26\ in connection with
the virtual trading floor in the same manner as they are when trading
on the physical trading floor. Therefore, the audit trail for open
outcry trading on the virtual trading floor will capture the same
information that it does for open outcry trading on the physical
trading floor. The Regulatory Division will be able to utilize
preexisting floor surveillances to surveil for the activity occurring
on the virtual trading floor. As noted above, Regulatory Division staff
may access the virtual trading floor if it deems necessary.
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    \23\ Pursuant to Rule 5.83(b), the Exchange may determine
whether to make complex orders types available for open outcry
trading. The Exchange will not make a Multi-Class Spread order
available on the virtual trading floor unless the Exchange has made
the virtual trading floor available for both classes represented in
the order, as such an order must be represented at both trading
stations (or virtual trading pits in the context of the virtual
trading floor) to be executed. See Rule 5.85(d).
    \24\ See Rule 5.7(f).
    \25\ See Rule 5.91(a)(4).
    \26\ See Rule 6.1(c).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\27\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \28\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \29\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \27\ 15 U.S.C. 78f(b).
    \28\ 15 U.S.C. 78f(b)(5).
    \29\ Id.
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    In particular, the Exchange believes the proposed rule change will
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, as it will permit open outcry
trading to continue in the event the Exchange's trading floor is
inoperable. As discussed above, while the Exchange has adopted Rules
that have allowed all-electronic trading to occur more similarly to
open outcry trading, there are certain features of open outcry trading
that are difficult to replicate in an electronic trading environment.
The Exchange has observed, and understands from various market
participants, that they have had difficulty executing certain orders,
such as larger orders and high-risk and complicated strategies, in an
all-electronic trading configuration without the element of human
interaction to negotiate pricing for these orders. The proposed rule
change would provide an environment in which this interaction would be
available despite the inoperability of the physical trading floor. The
Exchange believes the proposed rule change may facilitate continued
trading of these orders if and when the trading floor is inoperable. As
a result, the Exchange believes providing continuous access to open
outcry trading when the physical trading floor is inoperable will
remove impediments to a free and open market and will ultimately
benefit investors, particularly those desiring to execute high-risk and
complex trading strategies.
    The proposed rule change will further remove impediments to a free
and open market and will ultimately benefit investors when the Exchange
operates the physical trading floor in a modified state that requires
it to limit the number of individuals that may access the trading
floor. In this circumstance, all individuals that are unable to access
the trading floor (such as for health and safety purposes) may still
participate in open outcry trading. This ``supplemental'' version of a
virtual trading floor will provide customer orders represented on the
trading floor with access to the same pool of liquidity to which it
would have access if the trading floor was operating in its normal
state. All orders represented within the pit for a class, whether
represented by

a Floor Broker on the physical trading floor or virtual trading floor,
will be able to execute against any bid and offer expressed within the
pit, regardless of whether expressed on the physical trading floor or
virtual trading floor. Providing individuals authorized to act but
unable to be on the physical trading floor with remote access to open
outcry trading within the pit for a class, will therefore provide
increased liquidity for orders represented for execution in open
outcry, even if the Exchange is operating the physical trading floor in
a modified state. This increase liquidity may increase price discovery
and execution opportunities for customer orders represented in open
outcry.
    The Exchange also believes the proposed rule change will promote
just and equitable principles of trade, as open outcry trading on a
virtual trading floor will occur in accordance with the same trading
rules and be subject to the same regulatory requirements that apply to
open outcry trading on the physical trading floor, all of which have
previously been filed with the Commission. The proposed rule change
will merely permit this open outcry trading to occur in a virtual
setting rather than a physical setting (which may be appropriate for
health and safety purposes)--in other words, open outcry trading on a
virtual trading floor will occur while market participants operate
remotely as they do when they trade electronically. Specifically, open
outcry trading on the virtual trading floor will be subject to the same
priority and allocation rules as open trading on the physical trading
floor, as set forth in Rule 5.85. As is the case for open outcry
trading on the physical trading floor, open outcry trading on the
virtual trading floor is consistent with Section 11(a) of the Act, as
Rule 5.85(a)(2)(E) (which will apply to open outcry trading on the
virtual trading floor) requires TPHs relying on Section 11(a)(1)(G) of
the Act and Rule 11a1-1(T) thereunder (the so called ``G exemption
rule'') as an exemption must yield priority to any bid (offer) at the
same price of Priority Customer orders and broker-dealer orders resting
in the Book, as well as any other bid (offer) that has priority over
those broker-dealer orders under this Rule. The Exchange may make the
same order types and instructions available on the virtual trading
floor as it makes available on the physical trading floor pursuant to
Rule 5.83. Floor Brokers will be subject to the responsibilities set
forth in Rule 5.91 on the virtual trading floor, as they are on the
physical trading floor. Additionally, TPHs participating on the virtual
trading floor will be subject to the same regulatory requirements on
the virtual trading floor as they are on the physical trading floor,
including those set forth in Chapters 8 and 9. Orders must be
systematized and represented, and transactions reported, in connection
with the virtual trading floor in the same manner as they are when
trading on the physical trading floor. Therefore, the audit trail for
open outcry trading on the virtual trading floor will capture the same
information that it does for open outcry trading on the physical
trading floor. The Regulatory Division will be able to utilize
preexisting floor surveillances to surveil for the activity occurring
on the virtual trading floor. As noted above, Regulatory Division staff
may access the virtual trading floor if it deems necessary. The
Exchange believes it will promote just and equitable principles of
trading for all open outcry trading to occur in substantially the same
manner, whether it occurs while market participants are in the same
physical setting or in remote settings being connected through a
technological solution.
    In addition, the Exchange believes the proposed rule change will
not be designed to permit unfair discrimination between customers,
issuers, brokers, or dealers, as all individuals authorized to act on
the physical trading floor (both TPH organizations authorized at the
time the physical trading floor becomes inoperable and any TPH
organization that becomes authorized after the physical trading floor
becomes inoperable) will be provided with access to the virtual trading
floor. Additionally, the proposed rule change to permit the Exchange to
provide a virtual trading floor if the Exchange is operating the
physical trading floor in a modified state will provide individuals
unable to trade on the physical trading floor as a result of the
modified state to participate in open outcry trading remotely.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as all TPH organizations
authorized by the Exchange, or that become authorized by the Exchange,
to transact on the trading floor will receive access to the virtual
trading floor. The Exchange does not believe that the proposed rule
change will impose any burden on intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act, as
it relates solely to the location of open outcry trading on the
Exchange. The proposed rule change will merely permit open outcry
trading that generally occurs while market participants are located in
the same physical setting to occur while market participants are in a
remote setting, connected by a technological solution (as electronic
trading does).
    The Exchange believes that the proposed rule change will relieve
any burden on, or otherwise promote, competition. The Exchange believes
the proposed rule change will provide market participants with
continuous access to open outcry trading when the physical trading
floor is inoperable. The Exchange believes this may facilitate
continued, competitive price negotiations and trading of orders that
the Exchange understands are more difficult to execute in an all-
electronic trading environment without human interaction. Additionally,
the proposed rule change will provide customer orders represented for
open outcry execution with access to the same pool of liquidity when
the trading floor is inoperable or operating in a modified state to
which those orders would have access when the trading floor is
operating in its normal state. Maintenance of this level of liquidity
at all times, even when the trading floor is inoperable, may promote
competition by providing these customer orders with increased liquidity
than may\ otherwise be available, and thus increased execution
opportunities and price discovery.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:

    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-CBOE-2020-055 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2020-055. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2020-055 and should be submitted on
or before July 20, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13875 Filed 6-26-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32104-32105]
[FR Doc No: 2018-14763]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13102-003]

Notice of Availability of Final Environmental Assessment; Birch
Power Company

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for original license for the Demopolis Lock
and Dam Hydroelectric Project on the Tombigbee River and has prepared a
Final Environmental Assessment (FEA) for the project.
    The Demopolis Lock and Dam Hydroelectric Project would be located
at an existing lock and dam owned by

the U.S. Army Corps of Engineers on the Tombigbee River, west of the
city of Demopolis in Marengo and Sumter Counties, Alabama. The project
would occupy 23 acres of federal land.
    The FEA contains the staff's analysis of the potential
environmental impacts of the project and concludes that licensing the
project, with appropriate environmental protective measures, would not
constitute a major federal action that would significantly affect the
quality of the human environment.
    A copy of the FEA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's website at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    For further information, contact Adam Peer at<PHONE_NUMBER>.

    Dated: July 3, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-14763 Filed 7-10-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43059-43062]
[FR Doc No: 2023-14196]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31495; Amdt. No. 4068]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the

commissioning of new navigational facilities, adding new obstacles, or
changing air traffic requirements. These changes are designed to
provide for the safe and efficient use of the navigable airspace and to
promote safe flight operations under instrument flight rules at the
affected airports.

DATES: This rule is effective July 6, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 6, 2023.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg. 26, Room 217,
Oklahoma City, OK 73099. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for Part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on June 23, 2023.
Thomas J. Nichols,
Manager, Aviation Safety, Flight Standards Service, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;

Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City              Airport name        FDC No.      FDC date                  Procedure name
--------------------------------------------------------------------------------------------------------------------------------------------------------
10-Aug-23............  MS             Columbia............  Columbia/Marion            3/0259      3/21/23  RNAV (GPS) RWY 23, Amdt 2.
                                                             County.
10-Aug-23............  WI             Oconto..............  Oconto/J Douglas           3/0375      5/23/23  RNAV (GPS) RWY 11, Orig-B.
                                                             Bake Muni.
10-Aug-23............  WI             Oconto..............  Oconto/J Douglas           3/0376      5/23/23  RNAV (GPS) RWY 29, Orig-B.
                                                             Bake Muni.
10-Aug-23............  OR             Christmas Valley....  Christmas Valley....       3/0496      6/15/23  RNAV (GPS) -A, Orig.
10-Aug-23............  GA             Columbus............  Columbus............       3/1798      5/10/23  RNAV (GPS) RWY 13, Amdt 1.
10-Aug-23............  NC             Mount Olive.........  Mount Olive Muni....       3/1841      4/14/23  RNAV (GPS) RWY 5, Orig-D.
10-Aug-23............  NC             Mount Olive.........  Mount Olive Muni....       3/1842      4/14/23  RNAV (GPS) RWY 23, Orig-C.
10-Aug-23............  NM             Farmington..........  Four Corners Rgnl...       3/2235      3/22/23  RNAV (GPS) RWY 23, Amdt 2.
10-Aug-23............  AL             Reform..............  North Pickens.......       3/2371      5/31/23  RNAV (GPS) RWY 1, Orig-C.
10-Aug-23............  IA             Emmetsburg..........  Emmetsburg Muni.....       3/2631      5/12/23  RNAV (GPS) RWY 31, Orig-B.
10-Aug-23............  GA             Louisville..........  Louisville Muni.....       3/2655      5/10/23  RNAV (GPS) RWY 13, Orig-A.
10-Aug-23............  VA             Farmville...........  Farmville Rgnl......       3/3296      5/12/23  RNAV (GPS) RWY 21, Orig-B.
10-Aug-23............  VA             Farmville...........  Farmville Rgnl......       3/3299      5/12/23  RNAV (GPS) RWY 3, Orig-A.
10-Aug-23............  AR             Texarkana...........  Texarkana Rgnl-Webb        3/4078       5/8/23  RNAV (GPS) RWY 31, Orig-C.
                                                             Fld.
10-Aug-23............  AK             Anvik...............  Anvik...............       3/4176       6/1/23  RNAV (GPS) RWY 17, Orig-A.
10-Aug-23............  AK             Anvik...............  Anvik...............       3/4186       6/1/23  RNAV (GPS) RWY 35, Orig-A.
10-Aug-23............  TN             Knoxville...........  Mc Ghee Tyson.......       3/4228       6/1/23  ILS OR LOC RWY 23L, Orig.
10-Aug-23............  TN             Knoxville...........  Mc Ghee Tyson.......       3/4229       6/1/23  RNAV (GPS) RWY 5R, Amdt 2A.
10-Aug-23............  TN             Knoxville...........  Mc Ghee Tyson.......       3/4231       6/1/23  RNAV (GPS) RWY 23L, Amdt 2.
10-Aug-23............  TN             Knoxville...........  Mc Ghee Tyson.......       3/4232       6/1/23  VOR RWY 23L, Amdt 5A.
10-Aug-23............  IA             Muscatine...........  Muscatine Muni......       3/4362       6/1/23  RNAV (GPS) RWY 24, Orig-A.
10-Aug-23............  NY             Olean...............  Cattaraugus County-        3/4369       6/1/23  RNAV (GPS) RWY 22, Amdt 2A.
                                                             Olean.
10-Aug-23............  NY             Olean...............  Cattaraugus County-        3/4370       6/1/23  LOC RWY 22, Amdt 7A.
                                                             Olean.
10-Aug-23............  NY             Olean...............  Cattaraugus County-        3/4371       6/1/23  RNAV (GPS) RWY 4, Amdt 2A.
                                                             Olean.
10-Aug-23............  IL             Peoria..............  General Downing--          3/4842       6/5/23  RNAV (GPS) RWY 13, Amdt 1C.
                                                             Peoria Intl.
10-Aug-23............  IL             Peoria..............  General Downing--          3/4843       6/5/23  RNAV (GPS) RWY 31, Amdt 1D.
                                                             Peoria Intl.
10-Aug-23............  WV             Clarksburg..........  North Central West         3/4846       6/5/23  ILS OR LOC RWY 21, Amdt 4A.
                                                             Virginia.
10-Aug-23............  TX             Rocksprings.........  Edwards County......       3/5208      5/12/23  VOR RWY 14, Amdt 5C.
10-Aug-23............  OH             Springfield.........  Springfield/Beckley        3/5516       6/8/23  RNAV (GPS) RWY 24, Orig-A.
                                                             Muni.
10-Aug-23............  MN             Sauk Centre.........  Sauk Centre Muni....       3/5523       6/8/23  RNAV (GPS) RWY 32, Amdt 1B.
10-Aug-23............  MN             Sauk Centre.........  Sauk Centre Muni....       3/5525       6/8/23  RNAV (GPS) RWY 14, Orig-A.
10-Aug-23............  SD             Eagle Butte.........  Cheyenne Eagle Butte       3/5526       6/8/23  RNAV (GPS) RWY 31, Orig-A.
10-Aug-23............  CA             Santa Monica........  Santa Monica Muni...       3/5530      5/30/23  VOR -A, Amdt 11A.
10-Aug-23............  MO             Mountain View.......  Mountain View.......       3/5788      5/15/23  RNAV (GPS) RWY 10, Orig-C.
10-Aug-23............  NY             New York............  Long Island Mac            3/6091       6/6/23  ILS OR LOC RWY 24, Amdt 4D.
                                                             Arthur.
10-Aug-23............  NY             New York............  Laguardia...........       3/6370       6/5/23  ILS OR LOC RWY 13, Amdt 2B.
10-Aug-23............  NY             New York............  Laguardia...........       3/6371       6/5/23  LOC RWY 31, Amdt 3E.
10-Aug-23............  NY             New York............  Laguardia...........       3/6372       6/5/23  RNAV (GPS) RWY 13, Amdt 1B.
10-Aug-23............  NY             New York............  Laguardia...........       3/6373       6/5/23  RNAV (GPS) X RWY 22, Orig.
10-Aug-23............  NY             New York............  Laguardia...........       3/6374       6/5/23  RNAV (GPS) Y RWY 22, Amdt 2F.
10-Aug-23............  NY             New York............  Laguardia...........       3/6375       6/5/23  ILS OR LOC RWY 22, ILS RWY 22 (SA CAT I AND
                                                                                II), Amdt 21C.
10-Aug-23............  NY             New York............  Laguardia...........       3/6376       6/5/23  RNAV (GPS) Y RWY 31, Orig-B.
10-Aug-23............  NY             New York............  Laguardia...........       3/6377       6/5/23  RNAV (GPS) Z RWY 31, Amdt 1G.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6442      5/16/23  ILS OR LOC RWY 32, Amdt 4.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6443      5/16/23  RNAV (GPS) RWY 14, Amdt 3.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6444      5/16/23  RNAV (GPS) RWY 18, Amdt 3.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6445      5/16/23  RNAV (GPS) RWY 32, Amdt 3.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6446      5/16/23  RNAV (GPS) RWY 36, Amdt 3.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6447      5/16/23  VOR RWY 14, Amdt 9.
10-Aug-23............  AL             Mobile..............  Mobile Intl.........       3/6448      5/16/23  VOR RWY 32, Amdt 11C.
10-Aug-23............  VA             Hot Springs.........  Ingalls Fld.........       3/6647       4/5/23  ILS OR LOC RWY 25, Amdt 5.
10-Aug-23............  MI             West Branch.........  West Branch                3/7051      5/18/23  RNAV (GPS) RWY 9, Orig-B.
                                                             Community.
10-Aug-23............  VA             Orange..............  Orange County.......       3/7100      4/27/23  RNAV (GPS) RWY 8, Orig-A.
10-Aug-23............  VA             Orange..............  Orange County.......       3/7101      4/27/23  RNAV (GPS) RWY 26, Orig-A.
10-Aug-23............  PA             Pittsburgh..........  Pittsburgh Intl.....       3/7226       6/8/23  RNAV (RNP) Z RWY 28L, Amdt 1.
10-Aug-23............  PA             Pittsburgh..........  Pittsburgh Intl.....       3/7227       6/8/23  RNAV (GPS) Y RWY 28L, Amdt 5.
10-Aug-23............  MI             West Branch.........  West Branch                3/7653      5/18/23  RNAV (GPS) RWY 27, Amdt 1.
                                                             Community.
10-Aug-23............  MN             Rush City...........  Rush City Rgnl......       3/7684       6/8/23  RNAV (GPS) RWY 34, Amdt 1.
10-Aug-23............  MN             South St Paul.......  South St Paul Muni/        3/7686       6/8/23  RNAV (GPS) RWY 34, Amdt 2.
                                                             Richard E Fleming
                                                             Fld.
10-Aug-23............  TX             Waco................  Waco Rgnl...........       3/8186      6/12/23  RNAV (GPS) RWY 19, Amdt 1.
10-Aug-23............  MN             St Cloud............  St Cloud Rgnl.......       3/8293       5/1/23  ILS OR LOC RWY 31, Amdt 3C.
10-Aug-23............  MN             St Cloud............  St Cloud Rgnl.......       3/8295       5/1/23  RNAV (GPS) RWY 13, Amdt 1A.
10-Aug-23............  MN             St Cloud............  St Cloud Rgnl.......       3/8299       5/1/23  ILS OR LOC/DME RWY 13, Amdt 1A.

10-Aug-23............  MN             St Cloud............  St Cloud Rgnl.......       3/8301       5/1/23  RNAV (GPS) RWY 31, Amdt 1B.
10-Aug-23............  MN             St Cloud............  St Cloud Rgnl.......       3/8303       5/1/23  VOR RWY 31, Orig-C.
10-Aug-23............  WA             Bremerton...........  Bremerton Ntl.......       3/8658      3/22/23  ILS OR LOC RWY 20, Amdt 17A.
10-Aug-23............  NM             Moriarty............  Moriarty Muni.......       3/8896      4/10/23  RNAV (GPS) RWY 26, Orig-B.
10-Aug-23............  OH             Dayton..............  James M Cox Dayton         3/9103       5/1/23  RNAV (GPS) RWY 6R, Amdt 1B.
                                                             Intl.
10-Aug-23............  PA             Pittsburgh..........  Pittsburgh Intl.....       3/9538      6/13/23  RNAV (RNP) Z RWY 10R, Orig-E.
10-Aug-23............  WA             Bremerton...........  Bremerton Ntl.......       3/9551      3/22/23  RNAV (GPS) RWY 2, Amdt 2B.
10-Aug-23............  AK             Buckland............  Buckland............       3/9573      6/15/23  Takeoff Minimums and Obstacle DP, Amdt 2.
10-Aug-23............  NY             Shirley.............  Brookhaven..........       3/9672       5/2/23  RNAV (GPS)-A, Orig.
10-Aug-23............  KS             Colby...............  Shalz Fld...........       3/9766      3/21/23  NDB RWY 17, Amdt 2.
10-Aug-23............  KS             Colby...............  Shalz Fld...........       3/9767      3/21/23  RNAV (GPS) RWY 17, Amdt 2.
10-Aug-23............  OH             Woodsfield..........  Monroe County.......       3/9791      3/20/23  VOR/DME RWY 25, Amdt 7A.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-14196 Filed 7-5-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45813-45814]
[FR Doc No: 2018-19476]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0475; Airspace Docket No. 18-ANE-4]
RIN 2120-AA66

Establishment of Class E Airspace; Chebeague Island, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Chebeague Island Heliport, Chebeague
Island, ME, to accommodate new area navigation (RNAV) global
positioning system (GPS) standard instrument approach procedures
serving the heliport. Controlled airspace is necessary for the safety
and management of instrument flight rules (IFR) operations at this
heliport.

DATES: Effective 0901 UTC, November 8, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it establishes Class E airspace at Chebeague Island
Heliport, Chebeague Island, ME, to support IFR operations in standard
instrument approach procedures at this heliport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 29064, June 22, 2018) for Docket No. FAA-2018-0475 to
establish Class E airspace extending upward from 700 feet above the
surface at Chebeague Island Heliport, Chebeague Island, ME. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 6-mile radius of Chebeague Island Heliport,
Chebeague Island, ME, providing the controlled airspace

required to support the new RNAV (GPS) standard instrument approach
procedures. These changes are necessary for continued safety and
management of IFR operations at Chebeague Island Heliport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017,
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE ME E5 Chebeague Island, ME [New]

Chebeague Island Heliport, ME
    (Lat. 43[deg]43'45'' N, long. 70[deg]07'37'' W)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of Chebeague Island Heliport.

    Issued in College Park, Georgia, on August 29, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-19476 Filed 9-10-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56811]
[DOCID:fr30se08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-474-000]

Texas Gas Transmission, LLC; Notice of Request Under Blanket
Authorization

September 22, 2008.
    Take notice that on September 18, 2008, Texas Gas Transmission, LLC
(Texas Gas), 417 3800 Frederica Street, Owensboro, Kentucky 42301,
filed in Docket No. CP08-474-000, a prior notice request pursuant to
sections 157.205 and 157.211 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act (NGA) and its
blanket authority granted in Docket No. CP82-407-000 for authorization
to construct, install, operate, and maintain a new delivery point to be
located in Warren County, Ohio for Knox Energy Cooperative Association,
Inc. (KECA), all as more fully set forth in the application, which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    KECA has requested that Texas Gas provide the proposed delivery
meter station in order for KECA to provide natural gas service to the
Warren County Correctional Facility which is currently being served by
Duke Energy Ohio, Inc., a local distribution company. Texas Gas
estimates that it would cost $561,414 to construct the proposed
delivery meter station with KECA and all costs associated with such
facilities would be reimbursed by KECA.
    Any questions regarding the application should be directed to Kathy
D. Fort, Manager of Certificates and Tariffs, Texas Gas Transmission,
LLC, 3800 Frederica Street, Owensboro, Kentucky 42301, or call (270)
688-6825, or fax<PHONE_NUMBER>, or e-mail<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-22857 Filed 9-29-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20251-20257]
[FR Doc No: 2011-8744]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2011-0026]
RIN 2127-AK91

Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2012 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2012

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

ACTION: Final rule.

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

SUMMARY: This final rule announces NHTSA's determination that there are
no new model year (MY) 2012 light duty truck lines subject to the
parts-marking requirements of the Federal motor vehicle theft
prevention standard because they have been determined by the agency to
be high-theft or because they have a majority of interchangeable parts
with those of a passenger motor vehicle line. This final rule also
identifies those vehicle lines that have been granted an exemption from
the parts-marking requirements because the vehicles are equipped with
antitheft devices determined to meet certain statutory criteria.

DATES: Effective Date: The amendment made by this final rule is
effective April 12, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of International Policy, Fuel Economy and
Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue, SE.,
(NVS-131, Room W43-302) Washington, DC 20590. Ms. Proctor's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The theft prevention standard applies to (1)
all passenger car lines; (2) all multipurpose passenger vehicle (MPV)
lines with a gross vehicle weight rating (GVWR) of 6,000 pounds or
less; (3) low-theft light-duty truck (LDT) lines with a GVWR of 6,000
pounds or less that have major parts that are interchangeable with a
majority of the covered major parts of passenger car or MPV lines; and
(4) high-theft light-duty truck lines with a GVWR of 6,000 pounds or
less.
    The purpose of the theft prevention standard (49 CFR part 541) is
to reduce the incidence of motor vehicle theft by facilitating the
tracing and recovery of parts from stolen vehicles. The standard seeks
to facilitate such tracing by requiring that vehicle identification
numbers (VINs), VIN derivative numbers, or other symbols be placed on
major component vehicle parts. The theft prevention standard requires
motor vehicle manufacturers to inscribe or affix VINs onto covered
original equipment major component parts, and to inscribe or affix a
symbol identifying the manufacturer and a common symbol identifying the
replacement component parts for those original equipment parts, on all
vehicle lines subject to the requirements of the standard.
    Section 33104(d) provides that once a line has become subject to
the theft prevention standard, the line remains subject to the
requirements of the standard unless it is exempted under Sec.  33106.
Section 33106 provides that a manufacturer may petition annually to
have one vehicle line exempted from the requirements of Sec.  33104, if
the line is equipped with an antitheft device meeting certain
conditions as standard equipment. The exemption is granted if NHTSA
determines that the antitheft device is likely to be as effective as
compliance with the theft prevention standard in reducing and deterring
motor vehicle thefts.
    The agency annually publishes the names of those LDT lines that
have been determined to be high theft pursuant to 49 CFR part 541,
those LDT lines that have been determined to have major parts that are
interchangeable with a majority of the covered major parts of passenger
car or MPV lines and those vehicle lines that are exempted from the
theft prevention standard under section 33104. Appendix A to Part 541
identifies those LDT lines that are or will be subject to the theft
prevention standard beginning in a given model year. Appendix A-I to
Part 541 identifies those vehicle lines that are or have been exempted
from the theft prevention standard.
    For MY 2012, there are no new LDT lines that will be subject to the
theft prevention standard in accordance with the procedures published
in 49 CFR part 542. Therefore, Appendix A does not need to be amended.
    For MY 2012, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 is amended to
include nine vehicle lines newly exempted in full. The nine exempted
vehicle lines are the BMW Carline X1, Chrysler Fiat 500, Ford Fusion,
Chevrolet Sonic, Range Rover Evoque, Outlander Sport, Suzuki Kizashi,
Toyota Corolla and the VW Audi A8.

    We note that the agency removes from the list being published in
the Federal Register each year certain vehicle lines that have been
discontinued more than 5 years ago. Therefore, the Buick LeSabre, Buick
Park Avenue (1992-2005), Buick Regal/Century, Chevrolet Cavalier,
Chevrolet Classic, Oldsmobile Alero, Oldsmobile Aurora, Pontiac
Bonneville, Pontiac GrandAm, Pontiac Sunfire, Acura CL, Acura NSX,
Acura RL, Isuzu Axiom and the Mazda Millennia have been removed from
the Appendix A-I listing. The agency will continue to maintain a
comprehensive database of all exemptions on our Web site. However, we
believe that re-publishing a list containing vehicle lines that have
not been in production for a considerable period of time is
unnecessary.
    The vehicle lines listed as being exempt from the standard have
previously been exempted in accordance with the procedures of 49 CFR
part 543 and 49 U.S.C., 33106. Therefore, NHTSA finds for good cause
that notice and opportunity for comment on these listings are
unnecessary. Further, public comment on the listing of selections and
exemptions is not contemplated by 49 U.S.C. Chapter 331. For the same
reasons, since this revised listing only informs the public of previous
agency actions and does not impose additional obligations on any party,
NHTSA finds for good cause that the amendment made by this notice
should be effective as soon as it is published in the Federal Register.

Regulatory Impacts

    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This final rule was not reviewed under Executive Order 12866. It is
not significant within the meaning of the DOT Regulatory Policies and
Procedures. It will not impose any new burdens on vehicle
manufacturers. This document informs the public of previously granted
exemptions. Since the only purpose of this final rule is to inform the
public of previous actions taken by the agency no new costs or burdens
will result.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their rules on
small businesses, small organizations and small governmental
jurisdictions. I have considered the effects of this rulemaking action
under the Regulatory Flexibility Act and certify that it would not have
a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is only to
inform the public of the agency's previous actions.

C. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action will not have any significant impact on the quality of
the human environment. Accordingly, no environmental assessment is
required.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient Federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement.

E. Unfunded Mandates Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
($120.7 million as adjusted annually for inflation with base year of
1995). The assessment may be combined with other assessments, as it is
here.
    This final rule will not result in expenditures by State, local or
tribal governments or automobile manufacturers and/or their suppliers
of more than $120.7 million annually. This document informs the public
of previously granted exemptions. Since the only purpose of this final
rule is to inform the public of previous actions taken by the agency,
no new costs or burdens will result.

F. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform'' \1\ the
agency has considered whether this final rule has any retroactive
effect. We conclude that it would not have such an effect. In
accordance with Sec.  33118 when the Theft Prevention Standard is in
effect, a State or political subdivision of a State may not have a
different motor vehicle theft prevention standard for a motor vehicle
or major replacement part. 49 U.S.C. 33117 provides that judicial
review of this rule may be obtained pursuant to 49 U.S.C. 32909.
Section 32909 does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.
---------------------------------------------------------------------------

    \1\ See 61 FR 4729, February 7, 1996.
---------------------------------------------------------------------------

G. Paperwork Reduction Act

    The Department of Transportation has not submitted an information
collection request to OMB for review and clearance under the Paperwork
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This rule
does not impose any new information collection requirements on
manufacturers.

List of Subjects in 49 CFR Part 541

    Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Part 541 is amended as
follows:

PART 541--[AMENDED]

0
1. The authority citation for Part 541 continues to read as follows:

    Authority: 49 U.S.C. 33101, 33102, 33103, 33104, 33105 and
33106; delegation of authority at 49 CFR 1.50.

0
2. In Part 541, Appendix A-I is revised to read as follows:
BILLING CODE 4910-59-P

[GRAPHIC] [TIFF OMITTED] TR12AP11.002

[GRAPHIC] [TIFF OMITTED] TR12AP11.003

[GRAPHIC] [TIFF OMITTED] TR12AP11.004

[GRAPHIC] [TIFF OMITTED] TR12AP11.005

    Issued on: April 7, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
 [FR Doc. 2011-8744 Filed 4-11-11; 8:45 am]
BILLING CODE 4910-59-C


[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20839-20840]
[FR Doc No: 2018-09784]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1824]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. 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). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before August 6, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1824, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services

Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C
Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed 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. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 1, 2018.
David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation (Acting),
Department of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Alameda County, California and Incorporated Areas
        Project: 17-09-0342S Preliminary Date: September 1, 2017
------------------------------------------------------------------------
City of Fremont........................  Engineering Department, 39550
                                          Liberty Street, Fremont, CA
                                          94538.
City of Hayward........................  Public Works Administration,
                                          777 B Street, Hayward, CA
                                          94541.
City of Newark.........................  City Administration Building,
                                          37101 Newark Boulevard,
                                          Newark, CA 94560.
City of Union City.....................  City Hall, 34009 Alvarado-Niles
                                          Road, Union City, CA 94587.
------------------------------------------------------------------------

[FR Doc. 2018-09784 Filed 5-7-18; 8:45 am]
 BILLING CODE 9110-12-P