[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57567-57569]
[FR Doc No: 2021-22470]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0608; Project Identifier 2019-SW-119-AD; Amendment
39-21750; AD 2021-20-12]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AB139, AW139, AB412, and AB412 EP
helicopters. This AD was prompted by failure of an Emergency Flotation
System (EFS) float compartment to inflate during maintenance of the
EFS. This AD requires inspecting certain EFSs and depending on the
results, marking certain parts or removing certain parts from service,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 22, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 22,
2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. For Leonardo Helicopters and Safran material
identified in this final rule, contact Leonardo S.p.A. Helicopters,
Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017
C.Costa di Samarate (Va) Italy; telephone +39-0331-225074; fax +39-
0331-229046; or at https://customerportal.leonardocompany.com/en-US/.
You may view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. The EASA material is also available in the AD docket
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0608.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0608; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0311, dated December 19, 2019
(EASA AD 2019-0311), to correct an unsafe condition for Leonardo
S.p.A., formerly Finmeccanica Helicopter Division, AgustaWestland,
Agusta S.p.A., Model AB139, AW139, AB412, and AB412EP helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a.
Model AB139, AW139, AB412, and AB412EP helicopters. The NPRM published
in the Federal Register on July 30, 2021 (86 FR 40962). The NPRM was
prompted by failure of an EFS float compartment to inflate during
maintenance of the EFS. The NPRM proposed to require inspecting each
EFS supply hose and depending on the results, re-identifying or
removing the EFS supply hose from service, as specified in an EASA AD.
    The FAA is issuing this AD to address a blocked float supply hose.
See EASA AD 2019-0311 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0311 specifies inspecting certain EFSs and depending
on the results, re-identifying the float supply hose with a green heat
shrinkable sleeve if the float supply hose passes an inspection, or
replacing the float supply hose with a serviceable float supply hose.
EASA AD 2019-0311 also prohibits installing a float supply hose unless
it passes the inspection and is re-identified.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Safran Service Bulletin 025-69-19, Revision 00,
dated November 22, 2019 (SB 025-69-19), which is attached as Annex A to
Leonardo Helicopters Alert Service Bulletin (ASB) No. 139-610 and
Emergency ASB No. 412-157, each dated December 17, 2019. SB 025-69-19
specifies procedures for inspecting for blockage through the float
supply hoses of the EFS inflation system.

Differences Between This AD and the EASA AD

    EASA AD 2019-0311 requires inspecting each affected part in Group A
within 400 flight hours (FH) or 12 months, whichever occurs first,
whereas this AD requires inspecting each affected part in that group
within 100 hours time-in-service instead. EASA AD 2019-0311 requires
inspecting each affected part in Group C within 300 FH or during the
next scheduled ``18 months'' inspection, whichever occurs first,
whereas this AD requires inspecting each affected part in that group
within 15 hours time-in-service instead to address the unsafe condition
as soon as practical as there are no Group C aircraft registered in the
U.S.; the proposed compliance time matches those same model aircraft
found in Group D. Where the service information referenced in EASA AD
2019-0311 specifies ``operator able to perform the EFS maintenance in
accordance with Aircraft Maintenance Manual (AMM) or Aircraft
Maintenance Publication (AMP) can perform the procedure defined in this
Service Bulletin,'' this AD requires that the work be accomplished by a
mechanic that meets the requirements of 14 CFR part 65 subpart D. Where
EASA AD 2019-0311 specifies replacing an affected float supply hose
that fails the inspection, this AD requires removing the float supply
hose from service instead.

Costs of Compliance

    The FAA estimates that this AD affects 129 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this AD.
    Inspecting each EFS supply hose takes about 0.25 work-hour for an
estimated cost of $21 per hose. Re-identifying each EFS supply hose
would take a minimal amount of time at a nominal cost.
    Replacing an EFS supply hose takes up to 8 work-hours and parts
cost between $2,500 and $9,500 for a set of float supply hoses, for an
estimated cost of up to $10,180 per helicopter.
    According to Safran's service information, some of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected individuals. The FAA does not control warranty coverage by
Safran; accordingly, all costs are included in this cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-20-12 Leonardo S.p.a: Amendment 39-21750; Docket No. FAA-2021-
0608; Project Identifier 2019-SW-119-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 22,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139, AW139, AB412,
and AB412 EP helicopters, certificated in any category, with an
affected part as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0311, dated December 19, 2019 (EASA AD 2019-0311),
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 3212, Emergency
Flotation Section.

(e) Unsafe Condition

    This AD was prompted by failure of an Emergency Flotation System
(EFS) float compartment to inflate during maintenance of the EFS.
The FAA is issuing this AD to address a blocked float supply hose.
The unsafe condition, if not addressed, could result in partial
inflation of an EFS float during an emergency landing on water and
subsequently preventing a timely egress from the helicopter, which
could result in injury to helicopter occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0311.

(h) Exceptions to EASA AD 2019-0311

    (1) Where EASA AD 2019-0311 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0311 requires compliance in terms of
flight hours, this AD requires using hours time-in-service (TIS).
    (3) Where paragraph (1) of EASA AD 2019-0311 requires inspecting
each affected part within the compliance time specified in Table 2
of its AD, this AD requires:
    (i) Inspecting each affected part in Group A within 100 hours
TIS after the effective date of this AD.
    (ii) Inspecting each affected part in Group C within 15 hours
TIS after the effective date of this AD.
    (4) Where the service information referenced in paragraph (1) of
EASA AD 2019-0311 specifies ``operator able to perform the EFS
maintenance in accordance with Aircraft Maintenance Manual (AMM) or
Aircraft Maintenance Publication (AMP) can perform the procedure
defined in this Service Bulletin,'' this AD requires that the work
be accomplished by a mechanic that meets the requirements of 14 CFR
part 65 subpart D.
    (5) Where paragraph (2) of EASA AD 2019-0311 specifies replacing
an EFS supply hose that fails the inspection, this AD requires
removing the hose from service.
    (6) This AD does not require the ``Remarks'' section of EASA AD
2019-0311.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0311
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0311,
dated December 19, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0311, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0608.
    (5) You may view this material that is incorporated by reference
at 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.

    Issued on September 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-22470 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-13-P


                                                         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                                    REGION IX                               75 Hawthorne Street                            San Francisco, CA  94105

                               September 8, 2022

Memorandum

Subject: 	Summary of Discussions Between EPA Region IX, the California Air Resources Board, and the Eastern Kern Air Pollution Control District Regarding 2019-2021 Exceedances in the Indian Wells PM10 Maintenance Area

From:     Ashley Graham, Air Planning Office, Air and Radiation Division

To:            Docket # EPA-R09-OAR-2021-0549

From May 2022 through August 2022, staff from EPA Region IX, the California Air Resources Board (CARB), and the Eastern Kern Air Pollution Control District (EKAPCD or "District") participated in several conference calls to discuss documentation for the PM10 exceedances that occurred in the Indian Wells Valley PM10 maintenance area during 2019-2021, and the provisions to provide additional information to the EPA per the contingency plan in the Indian Wells PM10 Second 10-year Maintenance Plan. During these calls, CARB and District staff discussed analyses and documentation for each of the five exceedance days in 2019-2021 and EPA staff provided recommendations for additional analyses and supporting information that could be helpful for determining whether the exceedances should be included in the calculation to determine if the contingency plan in the Indian Wells PM10 Second Maintenance Plan has been triggered. These discussions culminated in the State's submission of documentation to the EPA on September 2, 2022.

May 2, 2022  -  Call among staff of EPA Region IX (Ashley Graham, Anita Lee, Sheila Tsai, Lindsay Wickersham, Jennifer Williams), CARB (Alicia Adams, Peishi ("Bob") Gu, Theresa Najita, Sylvia Vanderspek, Earl Withycombe), and EKAPCD (Jeremiah Cravens, Samuel Johnson). EPA noted exceedances that occurred in 2019-2021 and asked for an update on the State's efforts to evaluate the exceedances per the contingency plan in the second maintenance plan. CARB and the District indicated that they would share draft information in a few weeks and participants agreed to reconvene to discuss the draft.

June 22, 2022  -  Call among staff of EPA Region IX (Ashley Graham, Sheila Tsai), CARB (Alicia Adams, Peishi ("Bob") Gu, Theresa Najita, Sylvia Vanderspek), and EKAPCD (Samuel Johnson). CARB acknowledged receipt of the draft analyses from EKAPCD and shared an example of documentation developed for the Imperial PM10 area. CARB provide recommendations to EKAPCD for how to assemble the information into a report.

July 5, 2022  -  Call among staff of EPA Region IX (Ashley Graham, Sheila Tsai, Jennifer Williams), CARB (Peishi ("Bob") Gu, Theresa Najita), and EKAPCD (Jeremiah Cravens, Samuel Johnson). CARB recommended specific additional information and analyses that EKAPCD could evaluate and include in the report. July 14, 2022  -  Call among staff of EPA Region IX (Ashley Graham, Jennifer Williams), CARB (Theresa Najita), and EKAPCD (Samuel Johnson). Participants continued discussions regarding analyses and additional support that could be included in EKAPCD's report.

August 8, 2022  -  Call among staff of EPA Region IX (Ashley Graham, Sheila Tsai, Lindsay Wickersham), CARB (Rebekka Fine, Theresa Najita, Sylvia Vanderspek), and EKAPCD (Jeremiah Cravens, Samuel Johnson). Participants discussed the process for submitting information about exceedances to the EPA.


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28891-28892]
[FR Doc No: 2013-11587]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1312]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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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 14, 2013.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location 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 www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1312, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: 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 http://floodsrp.org/pdfs/srp_fact_sheet.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 and
the respective Community Map Repository address 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
www.msc.fema.gov for comparison.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
               Mason County, Michigan (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/MasonCoMI/SitePages/Home.aspx
------------------------------------------------------------------------
Charter Township of Pere Marquette.....  Pere Marquette Charter Township
                                          Hall, 1699 South Pere
                                          Marquette Highway, Ludington,
                                          MI 49431.
City of Ludington......................  City Hall, 400 South Harrison
                                          Street, Ludington, MI 49431.
Township of Amber......................  Amber Township Hall, 171 South
                                          Amber Road, Scottville, MI
                                          49454.
Township of Branch.....................  Branch Township Hall, 6688 East
                                          First Street, Walhalla, MI
                                          49458.
Township of Custer.....................  Custer Municipal Building/Fire
                                          Barn, 2549 East U.S. Highway
                                          10, Custer, MI 49405.
Township of Eden.......................  Eden Township Hall, 3369 East
                                          Hawley Road, Custer, MI 49405.
Township of Grant......................  Grant Township Hall, 835 West
                                          Hoague Road, Manistee, MI
                                          49660.
Township of Hamlin.....................  Hamlin Township Hall, 3775
                                          North Jebavy Drive, Ludington,
                                          MI 49431.
Township of Logan......................  Logan Township Hall, 3975
                                          Tyndall Road, Branch, MI
                                          49402.
Township of Riverton...................  Riverton Township Hall, 2122
                                          West Hawley Road, Scottville,
                                          MI 49454.
Township of Summit.....................  Summit Township Hall, 4879 West
                                          Deren Road, Ludington, MI
                                          49431.
------------------------------------------------------------------------
            Clarion County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: www.rampp-team.com/pa.htm
------------------------------------------------------------------------
Borough of East Brady..................  Borough Building, 502 Ferry
                                          Street, Suite 15, East Brady,
                                          PA 16028.
Borough of Foxburg.....................  Foxburg Municipal Building,
                                          1417 Perryville Road, Parker,
                                          PA 16049.
Borough of New Bethlehem...............  Borough Building, 210 Lafayette
                                          Street, New Bethlehem, PA
                                          16242.
Township of Brady......................  Brady Township Building, 935
                                          Phillipston Road, Rimersburg,
                                          PA 16248.
Township of Madison....................  Madison Township Building, 1183
                                          Madison Shop Road, Rimersburg,
                                          PA 16246.
Township of Perry......................  Perry Township Building, 5687
                                          Doc Walker Road, Parker, PA
                                          16049.
Township of Porter.....................  Porter Township Building, 9485
                                          Curllsville Road, New
                                          Bethlehem, PA 16242.
Township of Redbank....................  Redbank Township Building, 10
                                          Swede Hollow Road, Fairmount
                                          City, PA 16224.
Township of Richland...................  Richland Township Building, 511
                                          Dittman Road, Emlenton, PA
                                          16373.
------------------------------------------------------------------------

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

Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-11587 Filed 5-15-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47952-47953]
[FR Doc No: 2018-20741]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission staff will hold a public roundtable
on Wednesday, September 26, 2018 at 9:30 a.m.

PLACE: The roundtable will be held in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE, Washington, DC.

STATUS: The meeting will begin at 9:30 a.m. and will be open to the
public. Seating will be on a first-come, first-served basis. Doors will
open at 9:00 a.m. Visitors will be subject to security checks. The
meeting will be webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: The Commission staff will host a roundtable

on combating retail investor fraud. The roundtable is open to the
public and the public is invited to submit written comments. This
Sunshine Act notice is being issued because a majority of the
Commission may attend the roundtable.
    The agenda for the roundtable will focus on the types of fraudulent
and manipulative schemes currently targeting retail investors, and
enhancing the ability of broker-dealers and others to combat retail
investor fraud.

CONTACT PERSON FOR MORE INFORMATION: For further information, please
contact Brent J. Fields from the Office of the Secretary at (202) 551-
5400.

    Dated: September 19, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-20741 Filed 9-19-18; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Page 56641]
[FR Doc No: 2022-19987]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2490-030]

Green Mountain Power Corporation; Notice of Application Tendered
for Filing With the Commission and Soliciting Additional Study Requests
and Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2490-030.
    c. Date filed: August 30, 2022.
    d. Applicant: Green Mountain Power Corporation.
    e. Name of Project: Taftsville Hydroelectric Project.
    f. Location: On the Ottauquechee River in the Village of
Taftsville, in Windsor County, Vermont. The project does not occupy
federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)--825(r).
    h. Applicant Contact: John Greenan, Green Mountain Power
Corporation, 2152 Post Road, Rutland, VT 05701;<PHONE_NUMBER>; email
at [email protected].
    i. FERC Contact: Monte TerHaar at<PHONE_NUMBER>; or email at
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: October 31, 2022.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at [email protected],<PHONE_NUMBER> (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, you may submit a paper
copy. Submissions sent via the U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent
via any other carrier must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, MD 20852. All filings must clearly identify the project name
and docket number on the first page: Taftsville Project (P-2490-030).
    m. The application is not ready for environmental analysis at this
time.
    n. The Taftsville Project consists of: (1) an existing 220-foot-
long by 16-foot-high concrete gravity dam; (2) a 194-foot-long spillway
section with a crest elevation of 637.12 feet National Geodetic
Vertical Datum of 1929 (NGVD 29), topped with 18-inch wooden
flashboards; (3) an existing 4,600-foot-long, 20.5-acre reservoir at
normal water surface elevation 638.6 feet NGVD 29; (4) a powerhouse
containing one 0.5-megawatt vertical Kaplan generating unit, with a
minimum hydraulic capacity of 95 cubic feet per second (cfs) and
maximum hydraulic capacity of 370 cfs; (5) a 200-foot-long tailrace
section; (6) three 75-foot-long transmission lines connecting the
powerhouse to the Distribution Substation, Transmission West
Substation, and Transmission East Substation; and (7) appurtenant
facilities. Approximately 290 feet of the Ottauquechee River, between
the dam and tailrace channel, are bypassed during normal operations.
The project generates 1,038 megawatt-hours annually. No changes in the
project are proposed.
    o. A copy of the application may be viewed on the Commission's
website, using the ``eLibrary'' link. Enter the docket number,
excluding the last three digits in the docket number field, to access
the document (P-2490). For assistance, contact FERC Online Support at
[email protected], or call toll-free,<PHONE_NUMBER> or (202)
502-8659 (TTY). A copy is also available for inspection and
reproduction at the address in item h above.
    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.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

Additional Study Requests due--October 31, 2022
Issue Deficiency Letter (if necessary)--October 2022
Request Additional Information--October 2022
Issue Scoping Document 1 for comments--January 2023
Comments on Scoping Document 1--February 2023
Issue Acceptance Notice and Letter--March 2023
Issue Scoping Document 2 (if necessary)--March 2023
Issue Notice of Ready for Environmental Analysis March 2023

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: September 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19987 Filed 9-14-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 19, 2009 (Volume 74, Number 95)]
[Notices]
[Page 23471]
[DOCID:fr19my09-104]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Wallowa Union Railroad; Waiver Petition Docket Number FRA-2004-18494

    The Wallowa Union Railroad (WURR) of Wallowa, Oregon, has
petitioned for a permanent waiver of compliance for one passenger car,
WURR 1120, from the requirements of the Railroad Safety Glazing
Standards, Title 49 CFR Part 223, which require certified glazing in
all windows. The passenger car, WURR 1120, was built by Pullman
Standard in 1947, and does not have glazing material that meets the
provisions of Title 49 CFR Part 223.15 Requirements for existing
passenger cars for certified glazing in the side facing windows. The
excursion operations on WURR consist of trips ranging from five miles
to sixty miles. Speeds are generally ten miles per hour (mph); however,
there is a relatively straight section of track between milepost (MP)
57 and MP 83, where the maximum speed is 15 mph.
    WURR is located in rural Northeastern Oregon, with very limited
access to the line outside of the railroad itself. The largest town
that the railroad runs through has a population of 2,020, and the
county has a population of just over 7,000 people. The most frequently
used public grade crossing has an ADT of 3,250.
    WURR states that the line, for the most part, runs through pastures
or river canyons. Only two miles of the sixty-three miles of track are
located within the above mentioned town with the population of 2,020.
WURR requests that due to the slow speed, the rural area of operations,
no instances of vandalism from the time the original waiver was granted
in 2004, and prohibitive cost to replace the side windows the certified
glazing requirements be waived for the passenger car WURR 1120.
    The railroad also requests passenger car WURR 1120, together with
WURR 2636, which has the required certified glazing, and both built in
1947, continue to be classified as antiquated equipment that is used
only for excursion purposes per 49 CFR 223.3(b)3.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2004-18494) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on May 13, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-11591 Filed 5-18-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18282-18283]
[FR Doc No: 2012-7278]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66637; File No. SR-CBOE-2012-028]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fees Schedule

March 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 19, 2012, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange currently lists on its Fees Schedule the fingerprint
processing fees that are collected and retained by the Financial
Industry Regulatory Authority, Inc. (``FINRA'') via its Web CRD\SM\
registration system for the registration of associated persons of
Exchange Trading Permit Holder (``TPH'') and TPH organizations that are
not also FINRA members. The Exchange was recently notified by FINRA
that, effective March 19, 2012, FINRA is decreasing the per card
Initial Submission and Third Submission fees from $30.25 to $27.50. As
such, the Exchange proposes to amend its Fees Schedule to reflect this
change.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\3\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\4\ which provides that

Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The proposed change is reasonable
because the fees for fingerprint processing will now be lower than it
previously was. The proposed change is equitable and not unfairly
discriminatory because the new, lower fingerprint processing fees will
apply to all eligible parties. Further, this fee is not being assessed
or set by the Exchange, but by FINRA.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE 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.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \5\ of the Act and paragraph (f) of Rule 19b-4 \6\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-2012-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-028. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2012-028 and should be
submitted on or before April 17, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-7278 Filed 3-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Notices]
[Page 69081]
[FR Doc No: 2013-27529]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14555-000]

Mid-Atlantic Hydro, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On September 9, 2013, Mid-Atlantic Hydro, LLC, filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Tuttle Creek
Hydroelectric Project (Tuttle Creek Project or project) to be located
on Big Blue River, in the city of Manhattan, Riley County, Kansas. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) A new 350-
foot-long, 16-foot-diameter steel penstock; (2) a new 100-foot-long,
50-foot-wide concrete powerhouse, containing one 7.9-megawatt (MW)
turbine generator unit; (3) a new 2.8-mile-long, 25-kilovolt (kV)
transmission line; (4) an existing 860-foot-long, 20-foot-diameter
horseshoe conduit; (5) a new 40-foot-long, 50-foot-wide switchyard
connecting to the existing Weststar Substation; and (6) appurtenant
facilities. The estimated annual generation of the Tuttle Creek Project
would be 30,500 megawatt-hours per year.
    Applicant Contact: Ms. Kristina Johnson, Mid-Atlantic Hydro, LLC,
5425 Wisconsin Avenue, Suite 600, Chevy Chase, MD 20815; phone: (301)
718-4432.
    FERC Contact: Chelsea Hudock; phone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14555-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14555) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: November 8, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-27529 Filed 11-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 24, 2007 (Volume 72, Number 100)]
[Notices]
[Page 29142]
[DOCID:fr24my07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-305-033]

CenterPoint Energy--Mississippi River Transmission Corporation;
Notice of Negotiated Rates

May 18, 2007.
    Take notice that on April 27, 2007, CenterPoint Energy--Mississippi
River Transmission Corporation (MRT) tendered for filing an amended
negotiated rate agreement for Rate Schedule PALS service between MRT
and Laclede Energy Resources, Inc. MRT requests that the Commission
accept and approve the transaction to be effective May 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-9975 Filed 5-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Rules and Regulations]
[Page 3768-3770]
[DOCID:fr24ja06-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No.: EPA-R10-OAR-2005-OR-0001; FRL-8015-3]

Approval and Promulgation of State Implementation Plans: Oregon;
Portland Carbon Monoxide Second 10-Year Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes our approval of the State Implementation
Plan (SIP) revisions submitted by the Oregon Department of
Environmental Quality on January 3, 2005. EPA is approving the State of
Oregon's second 10-year carbon monoxide (CO) maintenance plan for the
Portland maintenance area. Specifically, EPA is approving the
following: Oregon's demonstration that the Portland CO Attainment Area
will maintain air quality standards for CO through the year 2017; a
revised CO motor vehicle emissions budget for transportation conformity
purposes using the MOBILE6.2 emissions model and latest growth and
planning assumptions; and revised state implementation plan (SIP)
control strategies and contingency measures.

DATES: This final rule is effective on February 23, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2005-OR-0001. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,

some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the EPA, Region 10,

Office of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Seattle
WA. EPA requests that if all possible, you contact the contact listed
in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Gina Bonifacino, Office of Air, Waste
and Toxics (AWT-107), EPA Region 10,

1200 Sixth Avenue, Seattle WA 98101; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``awe,''
``aus,'' or ``aour'' is used, we mean the EPA. Information is organized
as follows:

I. What Is the Background of This Rulemaking?
II. What Comments Did We Receive on the Proposed Action?
III. What Is Our Final Action?
IV. Statutory and Executive Order Reviews

I. What Is the Background of This Rulemaking?

    On September 6, 2005, EPA published in the Federal Register, a
detailed description of our proposed action to approve the Portland,
Oregon, CO Second 10-year maintenance plan. See 70 FR 52956.
    The air quality data shows that the Portland CO maintenance area
has not recorded a violation of the primary or secondary CO air quality
standards since 1989. EPA believes the area will continue to meet the
National Ambient Air Quality Standards (NAAQS or standards) until at
least 2017 as required by the Clean Air Act.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period to solicit comments
on our proposal published in the September 6, 2005 Federal Register. We
received one comment letter on the proposed rulemaking. This comment
letter was from Pacific Environmental Advocacy Center on behalf of the
Northwest Environmental Defense Center. In general, the letter opposed
the proposed SIP revision. The comments and our responses are
summarized as follows:
    Comment: The commenter states that EPA cannot approve Oregon's
proposed CO Maintenance Plan because it does not account for
agricultural sources' contributions to CO in the Portland area.
    Response: The Portland Area Carbon Monoxide Maintenance Plan
Emission Inventory and Forecast was prepared using current and
applicable EPA procedure and guidance documents and computer software
programs. The primary procedure and guidance documents are Procedures
for the Preparation of Emission Inventories for Carbon Monoxide and
Precursors of Ozone, Volume I, and Emission Inventory Requirements for
Carbon Monoxide State Implementation Plans. Emission factors were taken
from the supplemental Short List of AMS SCCS and Emission Factors, and
Compilation of Air Pollutant Emission Factors (AP-42).
    By letter dated November 15, 2005, as corrected on November 21,
2005, the Oregon Department of Environmental Quality (ODEQ) provided
specific information in response to the comment. As part of the
Portland carbon monoxide maintenance plan, agricultural activity was
inventoried per EPA guidance. The types of agricultural activity
inventoried by ODEQ were orchard pruning burning (11 tons/year),
agriculture field burning (61 tons/year) and non-road agriculture
equipment (298.9 tons/year) for a total of 370.8 tons/year. The 370.8
tons of CO that ODEQ calculates are generated by agriculture in the
Portland area represents .07% of the region's total. ODEQ informed EPA
that there are no Concentrated Animal Feeding Operations (CAFOs) within
the boundary of the Portland CO Maintenance Area.
    CO is not a pollutant where transport is a concern and there is no
information to suggest that CO emissions from CAFOs outside of the
Portland CO Maintenance Area impact CO levels within the maintenance
area. For these reasons, EPA finds the State of Oregon's second 10-year
CO maintenance plan for the Portland CO Maintenance Area adequately
accounts for emissions from agricultural sources.
    Comment: The commenter states ODEQ cannot properly implement the
maintenance plan as a result of budget cuts. Specifically, the
commenter is concerned because the ODEQ air program is expected to lose
nearly 20 staff members and 4 of the 5 air quality monitors that were
installed in the Portland area several years ago are being
decommissioned.
    Response: ODEQ has informed EPA that the four air quality monitors
which are to be decommissioned by ODEQ due to budget cuts are part of a
temporary effort to investigate toxic air pollutants in the Portland
airshed. The monitors to be removed do not measure CO and are not
required by EPA for monitoring of CO. As stated in the maintenance plan
submitted by ODEQ, three CO monitors operating in the Portland CO
maintenance area will continue to operate throughout the second 10-year
period. For these reasons, EPA believes that ODEQ will continue to
fulfill the monitoring commitments set forth in the Maintenance Plan.

III. What Is Our Final Action?

    EPA is taking final action to approve the Portland, Oregon CO
Second 10-Year Maintenance Plan consistent with the published proposal.
A Technical Support Document on file at the EPA Region 10 office
contains a detailed analysis and rationale in support of the plan.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 27, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: December 8, 2005.
L. Michael Bogert,
Regional Administrator, EPA Region 10.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart MM--Oregon

0
2. Section 52.1970 is amended by adding paragraph (c)(145) to read as
follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (145) On December 27, 2004, the Oregon Department of Environmental
Quality submitted to the Regional Administrator of EPA, the Second
Portland Area Carbon Monoxide Maintenance Plan that demonstrates
continued attainment of the NAAQS for carbon monoxide through the year
2017.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules, Chapter 340: 200-0040, 204-0090
and 242-0440, as effective December 15, 2004.

0
3. Paragraph (a) of Sec.  52.1973 is revised to read as follows:

Sec.  52.1973   Approval of plans.

    (a) Carbon monoxide.
    (1) EPA approves as a revision to the Oregon State Implementation
Plan, the Second Portland Area Carbon Monoxide Maintenance Plan,
effective December 15, 2004, and submitted to EPA on December 27, 2004.
    (2) [Reserved]
* * * * *
[FR Doc. 06-636 Filed 1-23-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Rules and Regulations]
[Pages 22192-22194]
[FR Doc No: 2016-08781]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0208]
RIN 1625-AA08

Special Local Regulation; Hebda Cup Rowing Regatta; Detroit
River, Trenton Channel; Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of the
Detroit River, Trenton Channel. This action is necessary and is
intended to ensure safety of life on navigable waters to be used for a
rowing event immediately prior to, during, and immediately after this
event. This regulation requires vessels to maintain a minimum speed for
safe navigation and maneuvering.

DATES: This temporary final rule is effective from 7:30 a.m. until 3
p.m. on April 30, 2016. For the purposes of enforcement, actual notice
will be used on April 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0208 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Petty Officer Todd Manow,
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On April 30, 2016, the Wyandotte Boat Club is holding a rowing
regatta in which at least 100 youth rowers will participate in a race
in the Trenton Channel, a tributary of the Detroit River. Due to the
projected amount of human-powered watercraft on the water, there is a
need to require vessels in the affected waterways to maintain a minimum
speed for safe navigation. The rowing regatta will occur between 7:30
a.m. and 3 p.m. on April 30, 2016. This event has taken place under the
same sponsorship in the same location annually for the past 51 years.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be
impracticable. The final details of this event were not known to the
Coast Guard until there was insufficient time remaining before the
event to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be impracticable because
it would inhibit the Coast Guard's ability to event participants,
spectators, and other waterway users during this youth rowing regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has
determined that the likely combination of recreation vessels,
commercial vessels, and an unknown number of spectators in close
proximity to a youth rowing regatta along the water pose extra and
unusual hazards to public safety and property. Therefore, the COTP is
establishing a Special Local Regulation around the event location to
help minimize risks to safety of life and property during this event.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from
7:30 a.m. until 3 p.m. on April 30, 2016. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Detroit River, Trenton Channel between the
following two lines going from bank-to-bank: The first line is drawn
directly across the channel from position 42[deg]11.0' N.,
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]11.7' N., 083[deg]8.9'
W. (NAD 83).
    An on-scene representative of the COTP or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses

based on these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
13563, Improving Regulation and Regulatory Review, and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of E.O. 13563. The Office of
Management and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
    The Coast Guard's use of this special local regulation will be of
relatively small size and only seven and a half hours in duration, and
it is designed to minimize the impact on navigation. Moreover, vessels
may transit through the area affected by this special local regulation
at a minimum speed for safe navigation. Overall, the Coast Guard
expects minimal impact to vessel movement from the enforcement of this
special local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations
on small entities during rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the Detroit River, Trenton Channel
in the vicinity of Wyandotte, MI between 7:30 a.m. and 3 p.m. on April
30, 2016.
    This special local regulation will not have a significant economic
impact on a substantial number of small entities for the reasons cited
in the Regulatory Planning and Review section. Additionally, before the
enforcement of the regulation, Coast Guard Sector Detroit will issue a
local Broadcast Notice to Mariners so vessel owners and operators can
plan accordingly.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against entities
that question or complain about this rule or any policy or action of
the Coast Guard.

D. Collection of Information

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

E. Federalism

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

F. Protest Activities

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

G. Unfunded Mandates Reform Act

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

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not create an environmental risk
to health or risk to safety that may disproportionately affect
children.

K. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

L. Energy Effects

    This action is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

N. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a

significant effect on the human environment. This rule involves the
establishment of a special local regulation and is therefore
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T09-0208 to read as follows:

Sec.  100.35T09-0208  Special Local Regulation; Hebda Cup Rowing
Regatta; Detroit River, Trenton Channel; Wyandotte, MI.

    (a) Regulated area. A regulated area is established to encompass
the following waterway: All waters of the Detroit River, Trenton
Channel between the following two lines going from bank-to-bank: The
first line is drawn directly across the channel from position
42[deg]11.0' N., 083[deg]9.4' W. (NAD 83); the second line, to the
north, is drawn directly across the channel from position 42[deg]11.7'
N., 083[deg]8.9' W. (NAD 83).
    (b) Effective period. This section is effective and will be
enforced from 7:30 a.m. until 3 p.m. on April 30, 2016.
    (c) Regulations. (1) Vessels transiting through the regulated area
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel
operators given permission to operate within the regulated area must
comply with all directions given to them by the COTP or his on-scene
representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.

    Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-08781 Filed 4-14-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67801-67803]
[FR Doc No: 2010-27690]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63199; File No. SR-NASDAQ-2010-139]

Self-Regulatory Organizations; NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Routing Fees

October 27, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 25, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify Rule 7050 governing pricing for
NASDAQ members using the NASDAQ Options Market (``NOM''), NASDAQ's
facility for executing and routing standardized equity and index
options.
    While fee changes pursuant to this proposal are effective upon
filing, the Exchange has designated these changes to be operative upon
the effectiveness of SR-C2-2010-006.
    The text of the proposed rule change is set forth below. Proposed
new text is in italics and deleted text is in [brackets].
* * * * *

7050. NASDAQ Options Market

    The following charges shall apply to the use of the order execution
and routing services of the NASDAQ Options Market for all securities.
* * * * *
    (4) Fees for routing contracts to markets other than the NASDAQ
Options Market shall be assessed as provided below. The current fees
and a historical record of applicable fees shall be posted on the
NasdaqTrader.com Web site.

------------------------------------------------------------------------
             Exchange                Customer       Firm          MM
------------------------------------------------------------------------
BATS.............................        $0.36        $0.55        $0.55
BOX..............................        $0.06        $0.55        $0.55
CBOE.............................        $0.06        $0.55        $0.55
ISE..............................        $0.06        $0.55        $0.55
ISE Select Symbols * of 100 or           $0.26        $0.55        $0.55
 more contracts..................
NYSE Arca Penny Pilot............        $0.50        $0.55        $0.55
NYSE Arca Non Penny Pilot........        $0.06        $0.55        $0.55
NYSE AMEX........................        $0.06        $0.55        $0.55
PHLX (for all options other than         $0.06        $0.55        $0.55
 PHLX Select Symbols)............
PHLX Select Symbols **...........        $0.30        $0.55        $0.55
C2...............................        $0.21        $0.55        $0.55
------------------------------------------------------------------------
* These fees are applicable to orders routed to ISE that are subject to
  Rebates and Fees for Adding and Removing Liquidity in Select Symbols.
  See ISE's Schedule of Fees for the complete list of symbols that are
  subject to these fees.
** These fees are applicable to orders routed to PHLX that are subject
  to Rebates and Fees for Adding and Removing Liquidity in Select
  Symbols. See PHLX's Fee Schedule for the complete list of symbols that
  are subject to these fees.

* * * * *
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NASDAQ is proposing to modify Rule 7050 governing the fees assessed
for options orders entered into NOM but routed to and executed on away
markets (``routing fees'').
    NASDAQ Options Services LLC (``NOS''), a member of the Exchange, is
the Exchange's exclusive order router. Each time NOS routes to away
markets NOS is charged a $0.06 clearing fee and, in the case of certain
exchanges, a transaction fee is also charged in certain symbols, which
are passed through to the Exchange.
    The Exchange proposes to assess new fees for routing contracts to
markets other than the NASDAQ Options Market to Rule 7050. The Exchange
is proposing to assess a $.21 per contract fee for Customer option
orders, a $.55 per contract fee for Firm and Market Maker option orders
that are routed to C2 Options Exchange, Inc. (``C2''). The Exchange is
proposing to caption these proposed fees ``C2.''
    The Exchange is proposing these fees in order to recoup clearing
and transaction charges incurred by the Exchange when orders are routed
to C2.\3\ Each destination market's transaction charge varies and there
is a standard clearing charge for each transaction incurred by the
Exchange. The Exchange believes that the routing fees proposed will
enable the Exchange to recover the transaction fees assessed by away
markets, where applicable, plus clearing fees for the execution of
Customer, Firm and Market Maker orders. As with all fees, the Exchange
may adjust these Routing Fees in response to competitive conditions by
filing a new proposed rule change.
---------------------------------------------------------------------------

    \3\ See C2 Fees Schedule.
---------------------------------------------------------------------------

    While fee changes pursuant to this proposal are effective upon
filing, the Exchange has designated these changes to be operative upon
the effectiveness of SR-C2-2010-006.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the provisions of Section 6 of the Act,\4\ in

general, and with Section 6(b)(4) of the Act,\5\ in particular, in that
it provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that this fee is reasonable because it seeks
to recoup costs that are incurred by the Exchange when routing customer
orders to C2 on behalf of its members. The Exchange also believes that
the proposed fees are equitable because they will be uniformly applied
to all customers.
    NASDAQ is one of eight options market in the national market system
for standardized options. Joining NASDAQ and electing to trade options
is entirely voluntary. Under these circumstances, NASDAQ's fees must be
competitive and low in order for NASDAQ to attract order flow, execute
orders, and grow as a market. NASDAQ thus believes that its fees are
fair and reasonable and consistent with the Exchange Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\6\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-139 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-139. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room. Copies
of the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2010-139 and should be submitted on or before
November 24, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27690 Filed 11-2-10; 8:45 am]
BILLING CODE 8011-01-P