[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Notices]
[Pages 45639-45643]
[FR Doc No: 2012-18711]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0007]

Prescription Drug User Fee Rates for Fiscal Year 2013

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the rates
for prescription drug user fees for fiscal year (FY) 2013. The Federal
Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the
Prescription Drug User Fee Amendments of 2012 (Title 1 of the Food and
Drug Administration Safety and Innovation Act (FDASIA), Public Law 112-
144, which was signed by the President on July 9, 2012) (PDUFA V)),
authorizes FDA to collect user fees for certain applications for
approval of drug and biological products, on establishments where the
products are made, and on such products. Base revenue amounts to be
generated from PDUFA fees were established by PDUFA V, with provisions
for certain adjustments. Fee revenue amounts for applications,
establishments, and products are to be established each year by FDA so
that one-third of the PDUFA fee revenues FDA collects each year will be
generated from each of these categories. This document establishes fee
rates for FY 2013 for application fees for an application requiring
clinical data ($1,958,800), for an application not requiring clinical
data or a supplement requiring clinical data ($979,400), for
establishment fees ($526,500), and for product fees ($98,380). These
fees are effective on October 1, 2012, and will remain in effect
through September 30, 2013. For applications and supplements that are
submitted on or after October 1, 2012, the new fee schedule must be
used. Invoices for establishment and product fees for FY 2013 will be
issued

in August 2012 using the new fee schedule.

FOR FURTHER INFORMATION CONTACT: David Miller, Office of Financial
Management (HFA-100), Food and Drug Administration, 1350 Piccard Dr.,
PI50, rm. 210J, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 735 and 736 of the FD&C Act (21 U.S.C. 379g and 379h,
respectively), establish three different kinds of user fees. Fees are
assessed on the following: (1) Certain types of applications and
supplements for approval of drug and biological products, (2) certain
establishments where such products are made, and (3) certain products
(section 736(a) of the FD&C Act). When certain conditions are met, FDA
may waive or reduce fees (section 736(d) of the FD&C Act).
    For FY 2013 through FY 2017, the base revenue amounts for the total
revenues from all PDUFA fees are established by PDUFA V. The base
revenue amount for FY 2013 is to be adjusted for inflation and
workload, and that adjusted FY 2013 amount becomes the base amount for
the remaining 4 FYs of PDUFA V. That FY 2013 base revenue amount is
further adjusted each year after FY 2013 for inflation and workload.
Fees for applications, establishments, and products are to be
established each year by FDA so that revenues from each category will
provide one-third of the total revenue to be collected each year.

II. Fee Revenue Amount for FY 2013

    The statutory fee revenue amount for FY 2013 is $693,099,000, prior
to adjustment for inflation and workload (see section 736(b)(1) of the
FD&C Act). Of this amount, $652,709,000 will be further adjusted for
inflation and workload, and $40,390,000, for new initiatives, will not
be adjusted in FY 2013.

A. FY 2013 Statutory Fee Revenue Adjustments for Inflation

    PDUFA V specifies that $652,709,000 of the amount for FY 2013 is to
be further adjusted for inflation increases for FY 2013 using 2
separate adjustments--one for payroll costs and one for non-pay costs
(see section 736(b)(3)(A) of the FD&C Act).
    The component of the inflation adjustment for payroll costs shall
be one plus the average annual percent change in the cost of all
personnel compensation and benefits (PC&B) paid per full-time
equivalent position (FTE) at FDA for the first 3 of the 4 preceding
fiscal years multiplied by the proportion of PC&B costs to total FDA
costs of the review of human drug applications for the first 3 of the
preceding 4 FYs (see section 736(c)(1)(B) of the FD&C Act). The data on
total PC&B paid and numbers of FTE paid, from which the average cost
per FTE can be derived, are published in FDA's Justification of
Estimates for Appropriations Committees.
    Table 1 of this document summarizes that actual cost and FTE data
for the specified fiscal years, and provides the percent change from
the previous fiscal year and the average percent change over the first
3 of the 4 FYs preceding FY 2013. The 3 year average is 2.17 percent.

              Table 1--FDA Personnel Compensation and Benefits (PC&B) Each Year and Percent Change
----------------------------------------------------------------------------------------------------------------
             Fiscal year                     2009               2010               2011          3-Year average
----------------------------------------------------------------------------------------------------------------
Total PC&B..........................     $1,464,445,000     $1,634,108,000     $1,761,655,000  .................
Total FTE...........................             11,413             12,526             13,331  .................
PC&B per FTE........................           $128,314           $130,457           $132,143  .................
Percent Change from Previous Year...              3.56%              1.67%              1.29%              2.17%
----------------------------------------------------------------------------------------------------------------

    The statute says that this 2.17 percent should be multiplied by the
proportion of PC&B for the review of human drug applications. Table 2
of this document shows the amount of PC&B and the total amount
obligated for the process for the review of human drug applications for
the same 3 FYs.

    Table 2--PC&B as a Percent of Fee Revenues Spent on the Process for the Review of Human Drug Applications
----------------------------------------------------------------------------------------------------------------
             Fiscal year                     2009               2010               2011          3-Year average
----------------------------------------------------------------------------------------------------------------
Total PC&B..........................       $514,874,163       $573,603,582       $596,627,595  .................
Total Costs.........................        855,426,294        931,845,581      1,025,621,707  .................
PC&B percent........................                60%                62%                58%                60%
----------------------------------------------------------------------------------------------------------------

    The payroll adjustment is 2.17 percent multiplied by 60 percent (or
1.30 percent).
    The statute specifies that the portion of the inflation adjustment
for non-payroll costs for FY 2013 is the average annual percent change
that occurred in the Consumer Price Index (CPI) for urban consumers
(Washington-Baltimore, DC-MD-VA-WV; not seasonally adjusted; all items;
annual index) for the first 3 of the preceding 4 years of available
data multiplied by the proportion of all costs of the process for the
review of human drug applications other than PC&B (see section
736(c)(1)(C) of the FD&C Act). Table 3 of this document provides the
summary data for the percent change in the specified CPI for the
Baltimore-Washington area. The data is published by the Bureau of Labor
Statistics and can be found on their Web site at http://data.bls.gov/cgi-bin/surveymost?cu by checking the box marked ``Washington-Baltimore
All Items, November 1996 = 100 - CUURA311SAO'' and then clicking on the
retrieve data button.

               Table 3--Annual and 3-Year Average Percent Change in Baltimore-Washington Area CPI
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                Year                         2009               2010               2011          3-Year average
----------------------------------------------------------------------------------------------------------------
Annual CPI..........................            140.718            142.915            146.975  .................
Annual Percent Change...............              0.23%              1.72%              3.34%              1.76%
----------------------------------------------------------------------------------------------------------------

    To complete the inflation adjustment for non-pay costs, we multiply
the 1.76 percent by the proportion of costs of the process for the
review of human drug applications obligated for costs other than PC&B.
Since 60 percent was obligated for PC&B as shown in table 2 of this
document, 40 percent is the portion of costs other than PC&B (100
percent minus 60 percent equals 40 percent). The non-payroll adjustment
is 2.5 percent times 40 percent, or 0.71 percent.
    To complete the inflation adjustment, we add the payroll component
(1.30 percent) to the non-pay component (0.71 percent), for a total
inflation adjustment of 2.01 percent (rounded), and then add one,
making 1.0201. We then multiply the amount specified in the statute
($652,709,000) by 1.0201 percent, yielding an inflation adjusted amount
of $665,828,451.

B. FY 2013 Statutory Fee Revenue Adjustments for Workload

    PDUFA V specifies that after the $652,709,000 has been adjusted for
inflation, the inflation adjusted amount ($665,828,451) shall be
further adjusted for workload (see section 736(b)(3)(B) of the FD&C
Act). For FY 2013 the workload adjustment will be the percentage by
which the workload adjustment for FY 2013 exceeds the workload adjuster
for FY 2012, if both such adjustments were calculated using the 5 year
base period consisting of FYs 2003 through 2007. As published in the
Federal Register of August 1, 2011 (76 FR 45831), the FY 2012 workload
calculated as directed was 8.12 percent.
    To calculate the FY 2013 adjustment factor, FDA calculated the
average number of each of the four types of applications specified in
the workload adjustment provision: (1) Human drug applications, (2)
active commercial investigational new drug applications (INDs)
(applications that have at least one submission during the previous 12
months), (3) efficacy supplements, and (4) manufacturing supplements
received over the 5-year period that ended on June 30, 2007 (base
years), and the average number of each of these types of applications
over the most recent 5-year period that ended June 30, 2012.
    The calculations are summarized in table 4 of this document. The 5-
year averages for each application category are provided in column 1
(``5-Year Average Base Years 2003-2007'') and column 2a (``5-Year
Average 2008-2012'').
    PDUFA specifies that FDA make additional adjustments for changes in
review activities to human drug applications and active commercial
INDs. These adjustments, started under PDUFA IV, are summarized in
columns 2b and 2c in table 4 of this document. The number in the new
drug applications/biologics license applications (NDAs/BLAs) line of
column 2b of table 4 of this document is the percent by which the
average workload for meetings, annual reports, and labeling supplements
for NDAs and BLAs has changed from the 5-year period 2003 through 2007,
to the 5-year period 2008 through 2012. Likewise, the number in the
``Active commercial INDs'' line of column 2b of table 4 of this
document is the percent by which the workload for meetings and special
protocol assessments for active commercial INDs has changed from the 5-
year period 2003 through 2007, to the 5-year period 2008 through 2012.
There is no entry in the last two lines of column 2b because the
adjustment for changes in review workload does not apply to the
workload for efficacy supplements and manufacturing supplements.
    Column 3 of table 4 of this document reflects the percent change in
workload from column 1 to column 2c. Column 4 of table 4 of this
document shows the weighting factor for each type of application,
estimating how much of the total FDA drug review workload was accounted
for by each type of application in the table during the most recent 5
years. Column 5 of table 4 of this document is the weighted percent
change in each category of workload. This was derived by multiplying
the weighting factor in each line in column 4 by the percent change
from the base years in column 3. At the bottom right of table 4 of this
document is the sum of the values in column 5 that are added,
reflecting an increase in workload of 9.99 percent for FY 2013 when
compared to the base years.

                                                   Table 4--Workload Adjuster Calculations for FY 2013
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                                                                 Column 1    Column 2a    Column 2b    Column 2c     Column 3     Column 4     Column 5
                                                              ------------------------------------------------------------------------------------------
                                                                                Percent
                       Application type                           5-Year       5-Year     Adjustment   Column 2a      change                   Weighted
                                                                 Average      Average    for changes   increased    (column 1    Weighting     percent
                                                                base years   2008-2012    in review    by column    to column      factor       change
                                                                2003-2007                  activity        2b          2c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NDAs/BLAs....................................................        123.8        134.4        0.08%        134.5         8.6%        39.6%        3.42%
Active commercial INDs.......................................      5,528.2       6724.2       -3.13%       6513.7        17.8%        40.3%        7.18%
Efficacy supplements.........................................        163.4        153.8           NA        153.8        -5.9%         9.5%       -0.56%
Manufacturing Supplements....................................       2589.2       2575.4           NA       2575.4        -0.5%        10.6%       -0.06%
                                                              ------------------------------------------------------------------------------------------
FY 2013 Workload Adjuster....................................  ...........  ...........  ...........  ...........  ...........  ...........        9.99%
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Since the calculated workload adjustment for 2013 (9.99 percent) is
greater than the 8.12 percent that was calculated last year for FY 2012
the difference between the two, 1.87 percent (9.99 percent minus 8.12
percent), and that is the amount of the workload adjustment for FY 2013
(see section 736(b)(3)(B) of the FD&C Act).
    Table 5 of this document shows the calculation of the revenue
amount for FY 2013. The $652,709,000 subject to adjustment on the first
line is multiplied by the combined inflation adjustment

factor of 1.0201, resulting in the inflation adjusted amount on the
third line. That amount is then multiplied by one plus the workload
adjustment of 1.87 percent, resulting in the inflation and workload
adjusted amount of $678,279,443 on the fifth line. Finally the portion
of the FY 2013 fees not subject to adjustment ($40,390,000) is added,
resulting in the total FY 2013 fee revenue amount of $718,669,000 on
the last line of table 5 of this document.

 Table 5--PDUFA Revenue Amount for FY 2013 and Base for Subsequent Years
------------------------------------------------------------------------

------------------------------------------------------------------------
Portion of FY 2013 Revenues Subject to Adjustments.....     $652,709,000
Amount of Inflation Adjustment Factor for FY 2013......           1.0201
Inflation Adjusted Amount (1 plus 2.01 percent)........     $665,828,451
Workload Adjustment Factor for FY 2013 (1 plus 1.87               1.0187
 percent)..............................................
Inflation and Workload Adjusted Amount.................     $678,279,443
Portion of 2013 Revenues Not Subject to Adjustment.....      $40,390,000
FY 2013 Revenue Amount and Base for Subsequent Years        $718,669,000
 (Rounded to nearest thousand dollars).................
------------------------------------------------------------------------

    PDUFA specifies that one-third of the total fee revenue is to be
derived from application fees, one-third from establishment fees, and
one-third from product fees (see section 736(b)(2) of the FD&C Act).
Accordingly, one third of the total revenue amount ($718,669,000), or a
total of $239,556,333, is the amount of fee revenue that will be
derived from each of these fee categories: Application Fees,
Establishment Fees, and Product Fees.
    While the fee revenue amount anticipated in FY 2013 is
$718,669,000, as the previous paragraph shows, FDA assumes that the fee
appropriation for FY 2013 will be 5 percent higher, or $754,602,000,
rounded to the nearest thousand dollars. The latest PDUFA 5-Year
Financial Plan (which can be found at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm153456.htm) states in Assumption 14
(Fee Revenue and Annual Appropriation Amount) that the PDUFA workload
adjuster is a lagging adjustment dampened by averages over 5 years, and
will not help FDA keep up with workload if there are sudden increases
in the number of applications to be reviewed in the current fiscal
year. Appropriated amounts for PDUFA fee revenue each year are
estimated at 5 percent higher than estimated fee revenues for each
year, to provide FDA with the ability to cope with surges in
application review workload should that occur. If FDA collects less
than the fee estimate at the beginning of the year and less than the
fee appropriation, then collections rather than appropriations set the
upper limit on how much FDA may actually keep and spend. If, however,
FDA collects more than fee estimates at the beginning of the year, due
to a workload surge, a slightly higher fee appropriation will permit
FDA to keep and spend the higher collections in order to respond to a
real surge in review workload that caused the increased collections--an
unexpected increase in the number of applications that FDA must review
in accordance with PDUFA goals. For this reason, in most fiscal years
since 1993, actual appropriations have slightly exceeded PDUFA fee
revenue estimates made each year.

III. Application Fee Calculations

A. Application Fee Revenues and Application Fees

    Application fees will be set to generate one-third of the total fee
revenue amount, or $239,556,333 in FY 2013, as calculated previously in
this document.

B. Estimate of the Number of Fee-Paying Applications and the
Establishment of Application Fees

    For FY 2013 through FY 2017, FDA will estimate the total number of
fee-paying full application equivalents (FAEs) it expects to receive
the next fiscal year by averaging the number of fee-paying FAEs
received in the 3 most recently completed fiscal years. This will avoid
having FDA try to estimate the number it expects to receive in the
current fiscal year.
    In estimating the number of fee-paying FAEs, full application
requiring clinical data counts as one FAE. An application not requiring
clinical data counts as one-half an FAE, as does a supplement requiring
clinical data. An application that is withdrawn, or refused for filing,
counts as one-fourth of an FAE if the applicant initially paid a full
application fee, or one-eighth of an FAE if the applicant initially
paid one-half of the full application fee amount.
    As Table 6 of this document shows, the average number of fee-paying
FAEs received annually in the most recent 3-year period is 122.3 FAEs.
FDA will set fees for FY 2013 based on this estimate as the number of
full application equivalents that will pay fees.

                                     Table 6--Fee-Paying FAE 3-Year Average
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             Fiscal year                     2009               2010               2011          3-Year average
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Fee-Paying FAEs.....................              140.3              118.4             108.25              122.3
----------------------------------------------------------------------------------------------------------------

    The FY 2013 application fee is estimated by dividing the average
number of full applications that paid fees over the latest 3 years,
122.3, into the fee revenue amount to be derived from application fees
in FY 2013, $239,556,333. The result, rounded to the nearest $100, is a
fee of $1,958,800 per full application requiring clinical data, and
$979,400 per application not requiring clinical data or per supplement
requiring clinical data.

IV. Fee Calculations for Establishment and Product Fees

A. Establishment Fees

    At the beginning of FY 2012, the establishment fee was based on an
estimate that 450 establishments would be subject to, and would pay,
fees. By the end of FY 2012, FDA estimates that 480 establishments will
have been billed for establishment fees, before all decisions on
requests for waivers or reductions are made. FDA estimates that a total
of 10 establishment fee waivers or reductions will be made for FY 2012.
In addition, FDA estimates that another 15 full establishment fees will
be exempted this year based on the orphan drug exemption in the Food
and Drug Administration Amendments Act (FDAAA) (see section 736(k) of
the FD&C Act). Subtracting 25 establishments (10 waivers, plus the
estimated 15 establishments under the orphan exemption) from 480 leaves
a net of 455 fee-paying establishments. FDA will use 455 for its FY
2013 estimate of establishments paying fees,

after taking waivers and reductions into account. The fee per
establishment is determined by dividing the adjusted total fee revenue
to be derived from establishments ($239,556,333) by the estimated 455
establishments, for an establishment fee rate for FY 2013 of $526,500
(rounded to the nearest $100).

B. Product Fees

    At the beginning of FY 2012, the product fee was based on an
estimate that 2,365 products would be subject to and would pay product
fees. By the end of FY 2012, FDA estimates that 2,525 products will
have been billed for product fees, before all decisions on requests for
waivers, reductions, or exemptions are made. FDA assumes that there
will be 50 waivers and reductions granted. In addition, FDA estimates
that another 40 product fees will be exempted this year based on the
orphan drug exemption in FDAAA (see section 736(k) of the FD&C Act).
FDA estimates that 2,435 products will qualify for product fees in FY
2012, after allowing for waivers and reductions, including the orphan
drug products eligible under the FDAAA exemption, and will use this
number for its FY 2013 estimate. The FY 2013 product fee rate is
determined by dividing the adjusted total fee revenue to be derived
from product fees ($239,556,333) by the estimated 2,435 products for a
FY 2013 product fee of $98,380 (rounded to the nearest $10).

V. Fee Schedule for FY 2013

    The fee rates for FY 2013 are set out in Table 7 of this document:

                    Table 7--Fee Schedule for FY 2013
------------------------------------------------------------------------
                                                           Fee rates for
                      Fee category                            FY 2013
------------------------------------------------------------------------
Applications:
    Requiring clinical data.............................      $1,958,800
    Not requiring clinical data.........................         979,400
    Supplements requiring clinical data.................         979,400
Establishments..........................................         526,500
Products................................................          98,380
------------------------------------------------------------------------

VI. Fee Payment Options and Procedures

A. Application Fees

    The appropriate application fee established in the new fee schedule
must be paid for any application or supplement subject to fees under
PDUFA that is received after September 30, 2012. Payment must be made
in U.S. currency by check, bank draft, or U.S. postal money order
payable to the order of the Food and Drug Administration. Please
include the user fee identification (ID) number on your check, bank
draft, or postal money order. Your payment can be mailed to: Food and
Drug Administration, P.O. Box 979107, St. Louis, MO 63197-9000.
    If checks are to be sent by a courier that requests a street
address, the courier can deliver the checks to: U.S. Bank, Attention:
Government Lockbox 979107, 1005 Convention Plaza, St. Louis, MO 63101.
(Note: This U.S. Bank address is for courier delivery only. Contact the
U.S. Bank at<PHONE_NUMBER> if you have any questions concerning courier
delivery.)
    Please make sure that the FDA post office box number (P.O. Box
979107) is written on the check, bank draft, or postal money order.
    Wire transfer payment may also be used. Please reference your
unique user fee ID number when completing your transfer. The
originating financial institution may charge a wire transfer fee
between $15.00 and $35.00. Please ask your financial institution about
the fee and include it with your payment to ensure that your fee is
fully paid. The account information is as follows: New York Federal
Reserve Bank, U.S. Department of the Treasury, TREAS NYC, 33 Liberty
St., New York, NY 10045, Acct. No.: 75060099, Routing No.: 021030004,
SWIFT: FRNYUS33, Beneficiary: FDA, 1350 Piccard Dr., Rockville, MD.
    Application fees can also be paid online with an electronic check
(ACH). FDA has partnered with the U.S. Department of the Treasury to
utilize Pay.gov, a Web-based payment application, for online electronic
payment. The Pay.gov feature is available on the FDA Web site after the
user fee ID number is generated.
    The tax identification number of the Food and Drug Administration
is 53-0196965.

B. Establishment and Product Fees

    FDA will issue invoices for establishment and product fees for FY
2013 under the new fee schedule in August 2012. Payment will be due on
October 1, 2012. FDA will issue invoices in November 2013 for any
products and establishments subject to fees for FY 2013 that qualify
for fee assessments after the August 2012 billing.

    Dated: July 24, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-18711 Filed 7-31-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25582-25585]
[FR Doc No: 2013-10348]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8279]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective

enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. We
recognize that some of these communities may adopt and submit the
required documentation of legally enforceable floodplain management
measures after this rule is published but prior to the actual
suspension date. These communities will not be suspended and will
continue to be eligible for the sale of NFIP flood insurance. A notice
withdrawing the suspension of such communities will be published in the
Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

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

PART 64--[AMENDED]

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

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

Sec.  64.6  [Amended]

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

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

Pennsylvania:
    Berlin, Township of, Wayne        422158  January 23, 1976,   May 16, 2013..........  May 16, 2013
     County.                                   Emerg; July 15,
                                               1988, Reg; May
                                               16, 2013, Susp.
    Bethany, Borough of, Wayne        422566  October 31, 1975,   ......do..............   Do.
     County.                                   Emerg; November
                                               6, 1981, Reg; May
                                               16, 2013, Susp.
    Buckingham, Township of,          422159  May 12, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; August 19,
                                               1985, Reg; May
                                               16, 2013, Susp.
    Canaan, Township of, Wayne        422160  August 28, 1975,    ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1987, Reg;
                                               May 16, 2013,
                                               Susp.
    Cherry Ridge, Township of,        422161  November 14, 1975,  ......do..............   Do.
     Wayne County.                             Emerg; December
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    Clinton, Township of,             422162  November 13, 1975,  ......do..............   Do.
     Wayne County.                             Emerg; February
                                               4, 1983, Reg; May
                                               16, 2013, Susp.
    Damascus, Township of,            422163  June 9, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; September
                                               30, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Dreher, Township of, Wayne        422164  May 14, 1975,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; May
                                               16, 2013, Susp.
    Dyberry, Township of,             422165  May 2, 1975,        ......do..............   Do.
     Wayne County.                             Emerg; September
                                               30, 1987, Reg;
                                               May 16, 2013,
                                               Susp.
    Hawley, Borough of, Wayne         420863  July 18, 1974,      ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1991, Reg; May
                                               16, 2013, Susp.

    Honesdale, Borough of,            420864  April 18, 1973,     ......do..............   Do.
     Wayne County.                             Emerg; November
                                               30, 1973, Reg;
                                               May 16, 2013,
                                               Susp.
    Lake, Township of, Wayne          422166  September 17,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               October 15, 1985,
                                               Reg; May 16,
                                               2013, Susp.
    Lebanon, Township of,             422567  January 18, 1980,   ......do..............   Do.
     Wayne County.                             Emerg; August 19,
                                               1985, Reg; May
                                               16, 2013, Susp.
    Lehigh, Township of, Wayne        422167  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; May
                                               16, 2013, Susp.
    Manchester, Township of,          422168  December 8, 1975,   ......do..............   Do.
     Wayne County.                             Emerg; September
                                               30, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Mount Pleasant, Township          422169  July 2, 1975,       ......do..............   Do.
     of, Wayne County.                         Emerg; December
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    Oregon, Township of, Wayne        422170  December 2, 1975,   ......do..............   Do.
     County.                                   Emerg; November
                                               5, 1982, Reg; May
                                               16, 2013, Susp.
    Palmyra, Township of,             420865  April 18, 1973,     ......do..............   Do.
     Wayne County.                             Emerg; March 15,
                                               1977, Reg; May
                                               16, 2013, Susp.
    Paupack, Township of,             421023  December 10, 1973,  ......do..............   Do.
     Wayne County.                             Emerg; March 1,
                                               1977, Reg; May
                                               16, 2013, Susp.
    Preston, Township of,             422171  May 12, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; October
                                               15, 1985, Reg;
                                               May 16, 2013,
                                               Susp.
    Prompton, Borough of,             420866  June 25, 1975,      ......do..............   Do.
     Wayne County.                             Emerg; June 1,
                                               1989, Reg; May
                                               16, 2013, Susp.
    Salem, Township of, Wayne         422172  September 30,       ......do..............   Do.
     County.                                   1975, Emerg; July
                                               15, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Scott, Township of, Wayne         422173  January 27, 1976,   ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    South Canaan, Township of,        422174  July 29, 1975,      ......do..............   Do.
     Wayne County.                             Emerg; August 19,
                                               1985, Reg; May
                                               16, 2013, Susp.
    Starrucca, Borough of,            420867  November 26, 1975,  ......do..............   Do.
     Wayne County.                             Emerg; February
                                               17, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Sterling, Township of,            422175  May 13, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; December
                                               3, 1982, Reg; May
                                               16, 2013, Susp.
    Texas, Township of, Wayne         422176  July 24, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1987, Reg;
                                               May 16, 2013,
                                               Susp.
    Waymart, Borough of, Wayne        420868  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; October
                                               30, 1981, Reg;
                                               May 16, 2013,
                                               Susp.
West Virginia:
    Boone County,                     540007  April 25, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 16,
                                               1991, Reg; May
                                               16, 2013, Susp.

           Region IV

Georgia:
    Atlanta, City of, DeKalb          135157  April 30, 1970,     ......do..............   Do.
     and Fulton Counties.                      Emerg; October
                                               14, 1971, Reg;
                                               May 16, 2013,
                                               Susp.
    Dunwoody, City of, DeKalb         130679  N/A, Emerg;         ......do..............   Do.
     County.                                   October 14, 2009,
                                               Reg; May 16,
                                               2013, Susp.
Kentucky:
    Augusta, City of, Bracken         210022  February 26, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Bracken County,                   210021  June 9, 1997,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               1, 1997, Reg; May
                                               16, 2013, Susp.
    Bromley, City of, Kenton          210253  September 19,       ......do..............   Do.
     County.                                   1974, Emerg;
                                               April 15, 1980,
                                               Reg; May 16,
                                               2013, Susp.
    Covington, City of, Kenton        210129  March 19, 1974,     ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1979, Reg; May
                                               16, 2013, Susp.
    Crescent Springs, City of,        210450  N/A, Emerg; April   ......do..............   Do.
     Kenton County.                            20, 2011, Reg;
                                               May 16, 2013,
                                               Susp.
    Crestview Hills, City of,         210451  N/A, Emerg; June    ......do..............   Do.
     Kenton County.                            11, 2009, Reg;
                                               May 16, 2013,
                                               Susp.
    Edgewood, City of, Kenton         210452  N/A, Emerg;         ......do..............   Do.
     County.                                   November 22,
                                               2010, Reg; May
                                               16, 2013, Susp.
    Erlanger, City of, Kenton         210378  November 20, 1997,  ......do..............   Do.
     County.                                   Emerg; March 16,
                                               2009, Reg; May
                                               16, 2013, Susp.
    Fort Wright, City of,             210249  October 21, 1980,   ......do..............   Do.
     Kenton County.                            Emerg; October
                                               21, 1980, Reg;
                                               May 16, 2013,
                                               Susp.
    Independence, City of,            210240  October 10, 1974,   ......do..............   Do.
     Kenton County.                            Emerg; September
                                               17, 1980, Reg;
                                               May 16, 2013,
                                               Susp.
    Kenton County,                    210128  December 26, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 2,
                                               1981, Reg; May
                                               16, 2013, Susp.

    Ludlow, City of, Kenton           210266  October 29, 1974,   ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               May 16, 2013,
                                               Susp.
    Ryland Heights, City of,          210389  N/A, Emerg;         ......do..............   Do.
     Kenton County.                            September 18,
                                               2001, Reg; May
                                               16, 2013, Susp.
    Taylor Mill, City of,             210246  September 13,       ......do..............   Do.
     Kenton County.                            1974, Emerg;
                                               September 28,
                                               1979, Reg; May
                                               16, 2013, Susp.
    Villa Hills, City of,             210456  N/A, Emerg; May     ......do..............   Do.
     Kenton County.                            22, 2009, Reg;
                                               May 16, 2013,
                                               Susp.
Mississippi:
    Lauderdale County,                280224  May 28, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1989, Reg;
                                               May 16, 2013,
                                               Susp.
    Meridian, City of,                280096  November 19, 1971,  ......do..............   Do.
     Lauderdale County.                        Emerg; December
                                               15, 1977, Reg;
                                               May 16, 2013,
                                               Susp.

           Region V

Michigan:
    Allendale, Charter                260490  December 30, 1977,  ......do..............   Do.
     Township of, Ottawa                       Emerg; July 5,
     County.                                   1982, Reg; May
                                               16, 2013, Susp.
    Georgetown, Charter               260589  December 16, 1975,  ......do..............   Do.
     Township of, Ottawa                       Emerg; July 18,
     County.                                   1985, Reg; May
                                               16, 2013, Susp.
    Tallmadge, Charter                260494  September 3, 1980,  ......do..............   Do.
     Township of, Ottawa                       Emerg; March 2,
     County.                                   1983, Reg; May
                                               16, 2013, Susp.
Wisconsin:
    Oneida County,                    550579  June 10, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               1991, Reg; May
                                               16, 2013, Susp.
    Rhinelander, City of,             550301  March 25, 1975,     ......do..............   Do.
     Oneida County.                            Emerg; August 5,
                                               1991, Reg; May
                                               16, 2013, Susp.

           Region VI

Arkansas:
    Greene County,                    050435  N/A, Emerg; July    ......do..............   Do.
     Unincorporated Areas.                     20, 2011, Reg;
                                               May 16, 2013,
                                               Susp.
    Oak Grove Heights, City           050510  N/A, Emerg; July    ......do..............   Do.
     of, Greene County.                        27, 2011, Reg;
                                               May 16, 2013,
                                               Susp.
New Mexico:
    Clovis, City of, Curry            350010  May 1, 1974,        ......do..............   Do.
     County.                                   Emerg; February
                                               4, 1981, Reg; May
                                               16, 2013, Susp.
    Curry County,                     350127  February 11, 2005,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               2010, Reg; May
                                               16, 2013, Susp.

          Region VIII

Colorado:
    Crested Butte, Town of,           080079  June 13, 1974,      ......do..............   Do.
     Gunnison County.                          Emerg; September
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    Gunnison, City of,                080080  June 18, 1975,      ......do..............   Do.
     Gunnison County.                          Emerg; April 18,
                                               1983, Reg; May
                                               16, 2013, Susp.
    Gunnison County,                  080078  May 28, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1989, Reg;
                                               May 16, 2013,
                                               Susp.
    Marble, Town of, Gunnison         080197  January 16, 1976,   ......do..............   Do.
     County.                                   Emerg; October 1,
                                               1990, Reg; May
                                               16, 2013, Susp.
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.

    Dated: March 27, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-10348 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9730-9731]
[FR Doc No: 2018-04595]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-477-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Fuel Filing--Eff. April 1,
2018 to be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5025.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-478-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Quarterly FRP Filing to be
effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5035.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-479-000.
    Applicants: Sabine Pipe Line LLC.
    Description: Sec.  4(d) Rate Filing: 2018 Sabine Annual Fuel and
Line Loss Reimbursement Filing 2-28-18 to be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5036.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-480-000.
    Applicants: Black Hills Shoshone Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Annual Adjustment of Lost and
Unaccounted For Gas Percentage to be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5038.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-483-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (TGS Mar 18) to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5064.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-484-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 022818 Negotiated Rates--
Mercuria Energy America, Inc. H-7540-89 to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5068.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-485-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Qrtly LUF and Fuel Filing to
be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5070.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-486-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (PH
41455 to BP 49051, Texla 49052, Sequent 49064) to be effective 3/1/
2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5082.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-487-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta Gas 8438 to various eff 3-1-2018) to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5083.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-488-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: NWP 2018 Summer Fuel Filing to
be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5087.

    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-489-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: NWP 2018 South Seattle
Incremental Rate Update Filing to be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5088.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-490-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Fuel Filing 2018 to be
effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5092.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-491-000.
    Applicants: Empire Pipeline, Inc.
    Description: Compliance filing Settlement (RP16-300) Refund Report.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5112.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-492-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement (MRC
Permian) to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5113.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-493-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Amendments to Neg Rate Agmts
(Munford 20593 and Poplar Grove 20592) to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5183.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-494-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (RE Gas
35433, 34955 to BP 36939, 36940) to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5184.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-495-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: AVC Storage Loss Retainage
Factor Update--2018 to be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5220.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-496-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2018-02-28 ARM 949128
to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5223.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-497-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: 3-1-2018 Formula-Based
Negotiated Rates to be effective 3/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5227.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-498-000.
    Applicants: Dominion Energy Cove Point LNG, LP.
    Description: Sec.  4(d) Rate Filing: DECP--2018 Annual EPCA to be
effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5229.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-499-000.
    Applicants: Dominion Energy Cove Point LNG, LP.
    Description: Sec.  4(d) Rate Filing: DECP--2018 Annual Fuel
Retainage to be effective 4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5233.
    Comments Due: 5 p.m. ET 3/12/18.

    Docket Numbers: RP18-494-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Tariff Amendment: Amendment to Filing in Docket No.
RP18-494-000 to be effective 3/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5036.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-500-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Capacity Release
Agreements--3/1/2018 to be effective 3/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5000.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-501-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 3-1-18 to be
effective 4/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5028.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-502-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 3-1-18 to be
effective 4/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5029.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-503-000.
    Applicants: Southwest Gas Storage Company.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 3-1-18 to be
effective 4/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5030.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-504-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 3-1-18 to be
effective 4/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5031.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-505-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 3-1-18 to be
effective 4/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5032.
    Comments Due: 5 p.m. ET 3/13/18.

    Docket Numbers: RP18-506-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Annual LMCRA--Spring 2018 to
be effective 4/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5033.
    Comments Due: 5 p.m. ET 3/13/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 1, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-04595 Filed 3-6-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6264-6266]
[FR Doc No: 2014-02137]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71421; File No. SR-BX-2014-003]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Outbound
Routing

January 28, 2014.
    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 January 15, 2014, NASDAQ OMX BX, Inc. (``BX'' 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 use Nasdaq Execution Services, LLC
(``NES'') as opposed to Nasdaq Options Services LLC (``NOS'') for
outbound order routing from the BX Options market, as explained further
below. The Exchange also proposes to permit the Exchange to route
equities and options orders through NES either directly or through a
third party routing broker-dealer, as explained further below.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.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
    The purpose of the proposal is to update the Exchange's rules to
reflect the ability to route orders to other exchanges using either the
Exchange's affiliated broker-dealer or a third party unaffiliated
broker-dealer, which the Exchange may choose to use for efficiency and
potential cost savings.
    Today, the relevant Exchange rules provide that the Exchange shall
route orders in options via NOS and in equities via NES. Both NOS and
NES are affiliates and members of BX. As a result, certain conditions
have been imposed on the existing routing arrangements.\3\
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    \3\ See, e.g., Securities Exchange Act Release No. 67256 (June
26, 2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030) at 39280.
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Replacing NOS With NES
    The Exchange proposes to amend its rules to provide that it shall
use NES for routing orders in options rather than NOS. The Exchange has
determined to use NES for outbound routing in options, in addition to
equities. The Exchange originally set up its affiliated broker-dealers
as two separate entities. Now, the Exchange believes that this is
unnecessary and costly. Accordingly, pursuant to BX Rules, Chapter VI,
Section 11, NES will now be the outbound routing broker for BX Options.
As the new Routing Facility for options, NES will operate the same way
as NOS currently does, in terms of routing options orders to
destination options exchanges. This is substantially similar to
NYSEArca's use of its affiliate Archipelago Securities LLC for order
routing in both equities and options.
Third-Party Routing Broker
    The Exchange also proposes to codify in its rules the ability to
use a third-party routing broker to route to away exchanges, rather
than routing directly through NES, for both equities and options. To
date, the Exchange has used a third-party routing broker in equities
and is amending Rule 4758 to clarify this and incorporate the use of a
third-party routing broker expressly into that rule. Specifically,
today, the Exchange routes equities orders to away markets through NES,
which, in turn, sometimes routes directly to away markets; in addition,
sometimes when the Exchange routes equities orders through NES today,
NES routes those orders through a third-party routing broker.

    In options, the Exchange currently routes options orders to NOS,
which routes directly to away markets. The Exchange proposes to use
NES, rather than NOS, as explained above, and to have NES route either
directly to other options exchanges or to a third-party routing broker
(which will, in turn, route to other options exchanges). The Exchange
proposes to amend Chapter VI, Section 11 of BX Options rules
accordingly.
    Regardless of whether a third-party routing broker is used in
either equities or options, all routing will go through NES, but the
Exchange could determine to direct NES to route orders to certain
exchanges using a routing broker rather than routing an order directly.
    The Exchange previously stated that from time to time, it may use
non-affiliate third-party broker-dealers to provide outbound routing
services (i.e., third-party Routing Brokers).\4\ In those cases, orders
are submitted to the third-party Routing Broker through the affiliated
routing broker, and the third-party Routing Broker routes the orders to
the routing destination in its name.
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    \4\ See Securities Exchange Act Release Nos. 67280 (June 27,
2012), 77 FR 39552 (July 3, 2012) (SR-BX-2012-034) at note 6; and
68394 (December 10, 2012), 77 FR 74524 (December 14, 2012) (SR-BX-
2012-073) at note 4.
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    Under this proposal, the relevant rules would now expressly provide
that the Exchange could use one or more third-party unaffiliated
routing broker-dealers (``routing brokers''). Specifically, the
Exchange proposes to amend BX Options Rules, Chapter VI, Section 11,
which applies to options, to refer to such routing brokers. The
Exchange proposes to similarly amend Rule 4758(b) respecting equities.
The Exchange proposes to further amend its rules with respect to
certain policies and procedures. Specifically, BX Options Rules,
Chapter VI, Section 11(e) and BX Rule 4758 currently provide that the
Exchange shall establish and maintain procedures and internal controls
reasonably designed to adequately restrict the flow of confidential and
proprietary information between the Exchange and the Routing Facility,
and any other entity, including any affiliate of the Routing Facility.
The Exchange proposes to amend those rules to provide that, where there
is a routing broker, the Exchange shall establish and maintain
procedures and internal controls reasonably designed to adequately
restrict the flow of confidential and proprietary information between
the Exchange, the Routing Facility and any routing broker, and any
other entity, including any affiliate of the routing broker (and if the
routing broker or any of its affiliates engages in any other business
activities other than providing routing services to the Exchange,
between the segment of the routing broker or affiliate that provides
the other business activities and the segment of the routing broker
that provides the routing services).\5\ This way, this provision
extends to the routing broker, if one is used.
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    \5\ This is substantially similar to NYSEArca Rule 6.96(a)(8).
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    In both the proposed equities and options rules, the Exchange
proposes to provide that the Exchange may not use a routing broker for
which the Exchange or any affiliate of the Exchange is the designated
examining authority. This is similar to the existing provisions that do
not permit the Exchange to be the designated examining authority for
its affiliated routing brokers.\6\
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    \6\ See BX Options Chapter VI, Section 11(e) (which currently
provides that NOS is a broker-dealer that is a member of an
unaffiliated SRO which is the designated examining authority for the
broker-dealer) and Rule 4758(b)(4) (which currently provides that
the designated examining authority of NES shall be a self-regulatory
organization unaffiliated with the Exchange or any of its
affiliates). This is also substantially similar to NYSEArca Rule
6.96(a)(7).
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    The Exchange also proposes to expressly state in Rule 4758(b)(1)
and BX Options Rules, Chapter VI, Section 11(e) that the Exchange will
determine the logic that provides when, how, and where orders are
routed away to other exchanges. In addition, the routing broker(s)
cannot change the terms of an order or the routing instructions, nor
does the routing broker have any discretion about where to route an
order. This is consistent with, but more specific than, the current
language that states that routing is performed under the direction of
the Exchange.\7\
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    \7\ This is based on NYSEArca Rule 6.96(a)(1)(A).
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    The Exchange may determine to use a different routing broker by
product or by destination exchange, depending upon the costs and
technological efficiencies involved. The proposal is intended to allow
the Exchange to structure its routing arrangements accordingly. At a
minimum, the Exchange anticipates using a routing broker to access
certain markets where the Exchange finds that the costs of maintaining
a membership (for NES) and/or the costs of connectivity and execution
do not make sense in light of the number or types of orders the
Exchange typically routes to that particular market. These costs
necessarily determine the ultimate costs to the Exchange of routing to
a market, and, in turn, affect how the Exchange chooses to recoup those
costs through its own transaction fees.\8\ Sometimes, it will not make
economic sense for NES to access an exchange directly. Accordingly, the
Exchange intends to use a routing broker where the Exchange determines
that it is appropriate. In addition to costs, the Exchange will also
consider ease of connectivity and execution as well as general
reliability in selecting a routing broker.
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    \8\ For these reasons, today, transaction fees for orders vary
depending on the Market where an order is ultimately executed. See
e.g., BX Rule 7000 series and BX Options Rules, Chapter XV.
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    For several weeks, the Exchange has been working with the Financial
Regulatory Authority (``FINRA'') and The Options Clearing Corporation
(``OCC'') to secure the necessary approvals for NES to perform these
functions. The Exchange has now secured those approvals. The Exchange
seeks to complete this process and implement this proposal in January
or February.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \9\ in general, and furthers the objectives of Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by providing an alternative routing arrangement. The proposal
should remove impediments to and perfect the mechanism of a free and
open market and a national market system by providing customer order
protection and by facilitating trading at away exchanges so customer
orders trade at the best market price. The proposal should also protect
investors and the public interest by fostering compliance with the
Options Order Protection and Locked/Crossed Market Plan. The Exchange
also believes that the proposal to use NES rather than NOS for options
routing is designed to promote just and equitable principles of trade
and to protect investors and the public interest, by eliminating the
costs and inefficiencies associated with operating a separate broker-
dealer for options routing. In addition, the Exchange believes that the
proposal is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers, because there are specific
protections pertaining to the routing broker in light of the potential
conflict of interest where the

member routing broker could have access to information regarding other
members' orders or the routing of those orders. These protections
include the Exchange's control over all routing logic as well as the
confidentiality of routing information.\11\
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See proposed Rules 4758(b)(1) and (8) and BX Options Rules,
Chapter VI, Section 11(e).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposal is pro-competitive
because it enables broker-dealers other than NOS and NES to provide
routing services to the Exchange, which has the potential to reduce the
Exchange's costs of routing orders and, potentially, the fees the
Exchange charges for routed orders. The proposal does not raise issues
of intra-market competition, because the Exchange's decision to route
through a particular routing broker would impact all participants
equally.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2014-003 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-BX-2014-003. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2014-003 and should be
submitted on or before February 24, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02137 Filed 1-31-14; 8:45 am]
BILLING CODE 8011-01-P