[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53802-53806]
[FR Doc No: 2023-16734]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 70

[EPA-R03-OAR-2022-0166; FRL-10673-02-R3]

Air Plan Approval; Pennsylvania; Revisions To Plan Approval and
Operating Permit Fees Rule and Title V Operating Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving both a
State implementation plan (SIP) revision and Title V operating permits
program revision submitted by the Pennsylvania Departmental of
Environmental Protection (PADEP) on behalf of the Commonwealth of
Pennsylvania. The SIP revision pertains to Pennsylvania's general
provisions regarding air resources, operating permit requirements, and
plan approval and operating permit fees. This includes increases to
existing plan approval application and operating permit fees. The Title
V operating permit program revision amends the Title V operating permit
program fee schedules that fund the Pennsylvania Title V operating
permit program. EPA is approving these revisions to the Pennsylvania
SIP and Title V operating permit program in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 8, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0166. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is<PHONE_NUMBER>. Mr. He can also be
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 7, 2023 (88 FR 14104), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of both a State implementation plan (SIP)
revision and Title V operating permits program revision. EPA did not
receive any comments.
    The formal SIP revision and Title V program revision was submitted
by PADEP on July 20, 2021, with a clarification letter sent on January
3, 2023. The revisions amend 25 Pennsylvania (PA) Code Chapters 121
(relating to general provisions) and 127, Subchapters F and I (relating
to operating permit requirements; and plan approval and operating
permit fees). Pennsylvania indicates that these revisions are necessary
to ensure that fees are sufficient to cover the costs of administering
the plan approval application and operating permit process as required
by section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) and section
6.3 of the Air Pollution Control Act (APCA) (35 P.S. section 4006.3).

A. SIP Revision

    Section 110(a)(2)(L) of the CAA mandates that SIPs require the
owner or operator of each major stationary source to pay to the
permitting authority a fee sufficient to cover (i) the reasonable costs
of reviewing and acting upon any application for such a permit, and
(ii) if the owner or operator receives a permit for such source, the
reasonable costs of implementing and enforcing the terms and conditions
of any such permit.
    The SIP revision approves into Pennsylvania's SIP amended versions
of 25 PA Code Chapters 121 and 127, specifically sections 121.1,
127.424, 127.702 and 127.703. This SIP revision also adds sections
127.465, 127.709 and 127.710. EPA has previously approved Pennsylvania
code Chapter 121 general provisions definitions at 25 PA code 121.1,
Chapter 127 public notice requirement in section 127.424, and
Pennsylvania's plan approval and operating permit fee regulations at 25
PA Code 127.701, 127.702, 127.703 and 127.707, into the Pennsylvania
SIP in accordance with section 110 of the CAA. See 61 FR 39597 (July
30, 1996).

B. Title V Operating Permit Program Revision

    EPA granted full approval of the Pennsylvania Title V operating
permits program on July 30, 1996. See 61 FR 39597. Under 40 CFR 70.9(a)
and (b), an approved state Title V operating permit program must
require that the owners or operators of part 70 sources pay annual
fees, or the equivalent over some other period, that are sufficient to
cover the permit program costs and ensure that any fee required under
40 CFR 70.9 is used solely for permit program costs. The fee schedule
must result in the collection and retention of revenues sufficient to
cover the permit program implementation and oversight costs. CAA
502(b)(3)(A).
    Pennsylvania's initial Title V operating permit emission fee was
established in 1994 at 25 PA Code 127.705 and was last increased in
2014. In a February 11, 2014 Title V operating permit program revision,
Pennsylvania

revised 25 PA Code 127.705 to increase annual emission fees for Title V
sources, noting that annual emissions fees were no longer sufficient to
cover costs. See 80 FR 40922 (July 14, 2015).
    In the July 20, 2021 submission, PADEP indicated that the currently
approved fee structure is insufficient to continue to support the Title
V program, and as a result, PADEP has revised sections 127.704 and
127.705, and has submitted these revisions for EPA action pursuant to
CAA 502(d). EPA is approving these revisions into Pennsylvania's Title
V operating permit program.

II. Summary of SIP Revision and EPA Analysis

A. SIP Revision

    PADEP added the definition of ``synthetic minor facility'' in the
definition section 121.1 and corrected a cross-reference error in
public notice section 127.424. PADEP amended section 127.702 that
establishes plan approval fees, and section 127.703 that establishes
operating permit fees under Subchapter F (State Operating Permit
Requirements) for future years in details based on year and permit
categories. The newly added section 127.465 establishes the procedures
the owner or operator of a stationary air contamination source or
facility shall follow to make a significant modification to an
applicable operating permit. New section 127.709 establishes fees for
requests for determination, for whether a plan approval, an operating
permit, or both, are needed for the change to the facility. Section
127.710 establishes application fees for the use of general plan
approvals and general operating permits for stationary or portable
sources.
    The revisions to Pennsylvania's SIP satisfy CAA section
110(a)(2)(L), referenced above. The revisions update the Pennsylvania
SIP with current fee schedules and meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

B. Title V Operating Permit Program Revision

    The revision to Pennsylvania's Title V program approves PADEP's
amendments to Chapter 127 sections 127.704 and 127.705. Section 127.704
establishes Title V operating permit fees, and section 127.705 requires
the owner or operator of a Title V facility to pay annual Title V
emission fees.
    Pennsylvania indicates that these amendments to its Title V
operating permit program ensure that fees will remain sufficient to
cover the costs of administering the plan approval application and
operating permit process as required by section 502(b) of the CAA and
section 6.3 of the APCA.
    Based on the 40 CFR part 70 presumptive minimum fee rate from the
October 3, 2022, EPA Office of Air Quality Planning and Standards
memorandum,\1\ the requirements of 40 CFR 70.9(b)(2) and the economic
analysis by PADEP, EPA finds that the July 20, 2021 PADEP submission
has met the requirements of CAA section 502(b)(1)-(10), and is
consistent with applicable EPA requirements in the Title V operating
permit program of the CAA and 40 CFR part 70.
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    \1\ www.epa.gov/system/files/documents/2022-09/FEE70_2023.pdf.
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III. Final Action

    EPA is approving Pennsylvania's July 20, 2021 revision to both the
Pennsylvania SIP and Pennsylvania's approved Title V operating permit
program. The SIP revision is in accordance with requirements in section
110(a)(2)(L) of the CAA and implementing regulations. The Title V
submittal meets the requirements of CAA section 502(d) and implementing
regulations.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
Pennsylvania Regulation described in the amendments to 25 PA Code 121
and 127, as discussed in section II.A of this rulemaking. EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Under the CAA,
the Administrator approves Title V operating permit program revisions
that comply with the Act and applicable Federal Regulations. See 42
U.S.C. 7661a(d). Thus, in reviewing SIP and Title V operating permit
program submissions, EPA's role is to approve state choices, provided
that they meet the criteria of the CAA. This action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this SIP action. Consideration of EJ is not required as part of this
SIP action, and there is no information in the record inconsistent with
the stated goal of E.O. 12898 of achieving environmental justice for
people of color, low-income populations, and Indigenous peoples.
    Additionally, Executive Order 12898 directs Federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
    EPA believes that this Title V action does not concern human health
or environmental conditions and therefore cannot be evaluated with
respect to potentially disproportionate and adverse effects on people
of color, low-income populations and/or Indigenous peoples. This Title
V action merely approves into Pennsylvania's part 70 operating permit
program the relevant Pennsylvania regulations for fees that are
required to administer the Title V program in Pennsylvania. Those fees
are already being collected by the State. This Title V action therefore
does not directly address emission limits or otherwise directly affect
any human health or environmental conditions in the commonwealth of
Pennsylvania. In addition, EPA provided meaningful involvement on this
rulemaking through the notice and comment process, which received no
comments, and is in addition to the State-level notice and comment
process held by Pennsylvania.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 10, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action approving Pennsylvania SIP and Title V permit program
revisions may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Lead, Nitrogen
dioxide, Operating permits, Ozone, Particulate Matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by:
0
a. Revising the entries for ``Section 121.1'' and ``Section 127.424'';
0
b. Adding an entry for ``Section 127.465'' in numerical order;
0
c. Revising the entries for ``Section 127.702'' and ``Section
127.703''; and
0
d. Adding entries for ``Section 127.709'' and ``Section 127.710'' in
numerical order.
    The revisions and additions read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *

                             (1) EPA--Approved Pennsylvania Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
                                                                  State                        explanation/ Sec.
           State citation                  Title/subject        effective   EPA approval date        52.2063
                                                                   date                             citation
----------------------------------------------------------------------------------------------------------------
                          Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
                                         Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1.......................  Definitions............    1/16/2021  8/9/2023, [INSERT  Added the
                                                                             FEDERAL REGISTER   definition of
                                                                             CITATION].         ``synthetic
                                                                                minor facility''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 Chapter 127--Construction, Modification, Reactivation, and Operation of Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Subchapter F--Operating Permit Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Review of Applications
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 127.424.....................  Public Notice..........    1/16/2021  8/9/2023, [INSERT  Corrected a cross-
                                                                             FEDERAL REGISTER   reference error
                                                                             CITATION].         in public notice
                                                                                section

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Operating Permit Modifications
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 127.465.....................  Significant operating      1/16/2021  8/9/2023, [INSERT  Added section
                                       permit modification                   FEDERAL REGISTER   127.465 to
                                       procedures.                           CITATION].         establish the
                                                                                procedures the
                                                                                owner or
                                                                                operator of a
                                                                                stationary air
                                                                                contamination
                                                                                source or
                                                                                facility shall
                                                                                follow to make a
                                                                                significant
                                                                                modification to
                                                                                an applicable
                                                                                operating permit

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Subchapter I--Plan Approval and Operating Permit Fees
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 127.702.....................  Plan approval fees.....    1/16/2021  8/9/2023, [INSERT  Amended section
                                                                             FEDERAL REGISTER   127.702
                                                                             CITATION].
Section 127.703.....................  Operating permit fees      1/16/2021  8/9/2023, [INSERT  Amended section
                                       under subchapter F.                   FEDERAL REGISTER   127.703
                                                                             CITATION].

                                                  * * * * * * *
Section 127.709.....................  Fees for requests for      1/16/2021  8/9/2023, [INSERT  Added section
                                       determination.                        FEDERAL REGISTER   127.709 to
                                                                             CITATION].         establish fees
                                                                                for requests for
                                                                                determination

Section 127.710.....................  Fees for the use of        1/16/2021  8/9/2023, [INSERT  Added section
                                       general plan approvals                FEDERAL REGISTER   127.710 to
                                       and general operating                 CITATION].         establish
                                       permits under                                            application fees
                                       Subchapter H..                                           for the use of
                                                                                general plan
                                                                                approvals and
                                                                                general
                                                                                operating
                                                                                permits for
                                                                                stationary or
                                                                                portable sources

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

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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

0
4. Appendix A to part 70 is amended by adding paragraph (e) to the
entry for Pennsylvania to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs

* * * * *
Pennsylvania
* * * * *
    (e) The Pennsylvania Department of Environmental Protection
submitted a program revision to amends Chapter 127 sections 127.704
and 127.705 on July 20, 2021; approval effective on August 9, 2023.
* * * * *
[FR Doc. 2023-16734 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45943-45944]
[FR Doc No: 2013-18267]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket No. FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1250]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Notice; correction.

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SUMMARY: On April 30, 2012, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous
table. This notice provides corrections to that table, to be used in
lieu of the information published at 77 FR 25498. The table provided
here represents the proposed flood hazard determinations and
communities affected for Harrison County, Texas, and Incorporated
Areas.

DATES: Comments are to be submitted on or before October 28, 2013.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1250, 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 in the table 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 are also 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 table below. Any request for reconsideration of the
revised flood hazard determinations 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 will also be considered before the FIRM and FIS report
are made final.
    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 may only 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://www.fema.gov/pdf/media/factsheets/2010/srp_fs.pdf.
    In the proposed flood hazard determination notice published at 77
FR 25498 in the April 30, 2012, issue of the Federal Register, FEMA
published a table titled ``Harrison County, Texas, and Incorporated
Areas.'' This table contained inaccurate information as to the
watershed or communities affected by the proposed flood hazard
determinations, or the associated community map repository or web
addresses also featured in the table. In this document, FEMA is
publishing a table containing the accurate information, to address
these prior errors. The information provided below should be used in
lieu of that previously published.

Correction

    In Proposed rule FR Doc. 2012-10280, beginning on page 25495 in the
issue of April 30, 2012, make the following correction. On page 25498,
correct the Harrison County, Texas table as follows:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Harrison County, Texas, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://riskmap6.com/Community.aspx?cid=351&sid=5.
------------------------------------------------------------------------
City of Hallsville.....................  City Hall, 115 West Main
                                          Street, Hallsville, TX 75650.
City of Longview.......................  Development Services and
                                          Engineering Department, 410
                                          South High Street, Longview,
                                          TX 75601.
City of Marshall.......................  City Hall, 401 South Alamo
                                          Street, Marshall, TX 75670.
City of Uncertain......................  City Hall, 199 Cypress Drive,
                                          Uncertain, TX 75661.
City of Waskom.........................  City Hall, 450 West Texas
                                          Avenue, Waskom, TX 75692.
Town of Scottsville....................  Harrison County Environmental
                                          Health Department, Road and
                                          Bridge Building, 3800 Five
                                          Notch Road, Marshall, TX
                                          75670.
Unincorporated Areas of Harrison County  Harrison County Environmental
                                          Health Department, Road and
                                          Bridge Building, 3800 Five
                                          Notch Road, Marshall, TX
                                          75670.
------------------------------------------------------------------------

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

    Dated: June 28, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-18267 Filed 7-29-13; 8:45 am]
BILLING CODE 9110-12-P


 1 316b Phase II Cost Module 3.0 Existing Submerged Offshore Intakes  Add Velocity Caps Velocity caps are applicable to submerged offshore intakes. Adding velocity caps to facilities with existing or new submerged offshore intakes only provides impingement reduction. Therefore, this module may be most applicable when the compliance option only requires impingement controls and the intake requires upgrading. However depending on site specific conditions, velocity caps could conceivably be used in conjunction with onshore screening systems tailored for entrainment improvement.

Research on velocity cap vendors identified only one vendor located in Canada. ( A possible reason for this scarcity in vendors is that many velocity caps are designed and fabricated on a site specific basis.) This vendor manufactures a velocity cap called the " Invisihead," and was contacted for cost information ( Elarbash 2002a and 2002b). The Invisihead is designed with a final entrance velocity of 0.3 fps and has a curved cross section that gradually increases the velocity as water is drawn farther into the head. The manufacturer states the gradual increase in velocity though the velocity cap minimizes entrainment of sediment and suspended matter and minimizes inlet pressure losses ( Elmosa 2002). All costs presented below are in July 2002 dollars.

Capital Costs The vendor provided information for estimating retrofit costs for velocity caps manufactured both from carbon steel and from stainless steel. Stainless steel construction is recommended for saltwater conditions to minimize corrosion. Carbon steel is recommended for freshwater systems. Due to the rather large opening, Invisihead performance is not affected by the attachment of Zebra mussels, so no special materials of construction are required where Zebra mussels are present.

Installation costs include the cost for a support vessel and divers to cut, weld and/ or bolt the fitting flange for the velocity cap; make any needed minor reinforcements of the existing intake; and install the cap itself. Installation was said to take between two and seven days, depending on the size and number of heads in addition to the retrofit steps listed above. Costs also include mobilization and demobilization of the installation personnel, barge, and crane. The vendor indicated these costs included engineering and contractor overhead and profit, but did not provide break outs or percentages for these cost components. The estimated capital costs do not yet include contingency costs, which will be incorporated separately. EPA has concluded that the installation costs for adding a velocity cap on a new intake ( relocated offshore) and on an existing offshore intake should be similar because most of the costs involve similar personnel and equipment. ( See the " Application" section below for a discussion of new/ existing submerged offshore intake cost components.)

Table 3 1 presents the component ( material, installation, and mobilization/ demobilization) and total capital costs for stainless steel and carbon steel velocity caps provided by the vendor ( Elarbash 2002a and 2002b) . Data are presented for flows ranging from 5,000 gpm to 350,000 gpm. Figure 3 1 presents a plot of these data. The upper end of this flow range covers existing submerged pipes up  2 to 15 feet in diameter at pipe velocities of approximately 5 fps. Second order polynomial equations provided the best fit to the data and were used to produce cost curves. These cost curves serve as the basis for estimating capital costs for installing velocity caps on existing or new intakes submerged offshore at Phase II facilities. When applying these cost curves, if the intake flow exceeds 350,000 gpm plus 10% ( 385,000 gpm), the flow is divided into equal increments and these lower flows costed. The costs for these individual incremental flows are summed to estimate total capital cost. In these cases, costs are assumed to be applied to multiple intake pipes. If the intake flow is less than 5,000 gpm, the capital cost for 5,000 gpm will be used rather than extrapolating beyond the bottom end of the cost curve.

O& M Costs For velocity caps, O& M costs generally include routine inspection and cleaning of the intake head. As noted above, biofouling does not affect velocity cap performance, so rigorous cleaning is not necessary. The vendor stated that their equipment is relatively maintenance free. However, O& M costs based on an annual inspection and cleaning of offshore intakes by divers were cited by facilities with existing offshore intakes, including some with velocity caps and especially those with bar racks at the intake. Therefore, estimated O& M costs are presented for an annual inspection and cleaning by divers because EPA believes this is common practice for submerged offshore intakes of all types.

Table 3 2 presents the component and total O& M costs for the diver inspection and cleaning, for one to four days ( Paroby 1999). In general, O& M costs are based on less than one day per head for inspection and cleaning of smaller intake heads and one day per head for the largest intake head. There is a minimum of one day for each inspection event. Inspection and cleaning events are assumed to occur once per year. Figure 3 2 presents the plot of the O& M costs by flow. A second order polynomial equation provided the best fit to this data and serves as the basis for estimating the O& M costs.

Figure 3 2 also shows data for two facilities that reported actual O& M costs based on diver inspection and cleaning of submerged offshore intakes. While these two facilities use different intake technologies ( passive screens for the smaller flow and bar rack type intakes for the larger flow), the inspection and cleaning effort should be similar for all three types of intakes. For both facilities, the actual reported O& M costs were less than the costs estimated using the cost curves, indicating that the estimated O& M costs should be considered as high side estimates.  3 Application As Retrofit of Existing Offshore Intake Adding velocity caps to facilities with existing offshore intakes will provide impingement reduction only. For facilities withdrawing from saltwater/ brackish waters ( ocean and estuarine/ tidal rivers), the capital cost curve for stainless steel caps will be applied. For the remaining facilities withdrawing freshwater ( freshwater rivers/ streams, reservoirs/ lakes, Great Lakes), the capital cost curve for carbon steel caps will be applied. The same O& M cost curve will be used for both freshwater and saltwater systems. It is assumed that the existing intake is in a location that will provide sufficient clearance and is away from damaging wave action.

As Component of Relocating Existing Shoreline Intake to Submerged Offshore These same velocity cap retrofit costs can be incorporated into retrofits where an existing shoreline intake is relocated to submerged offshore. In this application, some of the same equipment and personnel used in velocity cap installation may also be used to install other intake components, such as the pipe. Therefore, the mobilization/ demobilization component could be reduced if these tasks are determined to occur close together in time. However, a high side costing approach would be to cost each step separately, using the same velocity cap costs for both new and existing offshore intake pipes. In this case, the installation costs for velocity caps at existing offshore intakes ( which include costs for cutting, and welding and/ or bolting the velocity cap in place) are assumed to also cover costs of installing connection flanges at new offshore intakes. Costs for other components of relocating existing shoreline intakes to submerged offshore are developed as a separate cost module associated with passive screens. The compliance cost estimates did not include this scenario.

References Elarbash, M. Elmosa Canada. email correspondence with John Sunda, SAIC concerning cost and technical data for Invisihead velocity caps. August 9, 2002a Elarbash, M. Elmosa Canada. email correspondence with John Sunda, SAIC concerning cost and technical data for Invisihead velocity caps. August 19, 2002b Elmosa. Website at http:// www. imasar. com/ elmosa/ invisiheaddetails. htm accessed May 9, 2002.

Paroby, Rich. Personal communication between Rich Paroby, District Sales Manager, Water Process Group and Deborah Nagle, USEPA E mail dated May 12, 1999.  4

Item Daily Cost* One Time Cost* Total Duration One Day One Day Two Day Three Day Four Day Cost Year 1999 2002 2002 2002 2002 Supervisor $ 575 $ 575 $ 627 $ 1,254 $ 1,880 $ 2,507 Tender $ 200 $ 200 $ 218 $ 436 $ 654 $ 872 Diver $ 375 $ 750 $ 818 $ 1,635 $ 2,453 $ 3,270 Air Packs $ 100 $ 100 $ 109 $ 218 $ 327 $ 436 Boat $ 200 $ 200 $ 218 $ 436 $ 654 $ 872 Mob/ Demob $ 3,000 $ 3,000 $ 3,270 $ 3,270 $ 3,270 $ 3,270 Total $ 4,825 $ 5,260 $ 7,250 $ 9,240 $ 11,230 * Source: Paroby 1999 ( cost adjusted to 2002 dollars).

Installation and Maintenance Diver Team Costs Adjusted Total Flow ( gpm) # Heads Material Costs  Stainless Steel / Head Material Costs  Stainless Steel Total Material Costs  Carbon Steel / Head Material Costs  Carbon Steel Total Installation Mobilization/ Demobilization Total Capital Costs  Stainless Steel Total Capital Costs  Carbon Steel Total O& M Water Type All Saltwater Saltwater Freshwater Freshwater All All Saltwater Freshwater All 5,000 1 $ 30,000 $ 30,000 $ 22,500 $ 22,500 $ 25,000 $ 10,000 $ 65,000 $ 57,500 $ 5,260 10,000 1 $ 30,000 $ 30,000 $ 22,500 $ 22,500 $ 30,000 $ 15,000 $ 75,000 $ 67,500 $ 5,260 25,000 1 $ 40,000 $ 40,000 $ 30,000 $ 30,000 $ 35,000 $ 15,000 $ 90,000 $ 80,000 $ 5,260 50,000 2 $ 35,000 $ 70,000 $ 26,250 $ 52,500 $ 49,000 $ 25,000 $ 144,000 $ 126,500 $ 7,250 100,000 2 $ 80,000 $ 160,000 $ 60,000 $ 120,000 $ 49,000 $ 25,000 $ 234,000 $ 194,000 $ 7,250 200,000 4 $ 80,000 $ 320,000 $ 60,000 $ 240,000 $ 98,000 $ 30,000 $ 448,000 $ 368,000 $ 9,240 350,000 4 $ 106,000 $ 424,000 $ 79,500 $ 318,000 $ 98,000 $ 30,000 $ 552,000 $ 446,000 $ 11,230 Note: Vendor indicated installation took 2 to 7 days Note: Installation includes retrofit activities such as cutting pipe and & attaching connection flange on intake inlet pipe.

Velocity Cap Retrofit Capital and O& M Costs ( 2002 $)

Table 3 1 Table 3 2  5

Velocity Cap Capital Costs 2002 Dollars y =  3E 06x 2 + 2.4809x + 38934 R 2 = 0.9917 y =  2E 06x 2 + 2.0196x + 38053 R 2 = 0.9913 $ 0 $ 50,000 $ 100,000 $ 150,000 $ 200,000 $ 250,000 $ 300,000 $ 350,000 $ 400,000 $ 450,000 $ 500,000 $ 550,000 $ 600,000 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 Flow ( gpm)

Capital Cost ($) Stainless Steel Carbon Steel Figure 3 1  6

Velocity Cap O& M Cost 2002 Dollars y =  3E 08x 2 + 0.0262x + 5113 R 2 = 0.9649 $ 0 $ 2,000 $ 4,000 $ 6,000 $ 8,000 $ 10,000 $ 12,000 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 Flow ( gpm)

Annual O&

M Cost ($) Velociity Cap O& M Actual Diver Based O& M Figure 3 2


[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Proposed Rules]
[Pages 56272-56273]
[FR Doc No: 2018-24502]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 10

[Docket No. USCG-2018-0041]

Draft Merchant Mariner Medical Manual

AGENCY: Coast Guard, DHS.

ACTION: Notification of availability and request for comments.

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SUMMARY: The Coast Guard is seeking public comment regarding the draft
Merchant Mariner Medical Manual. The guidance in this Manual should
assist medical practitioners, the maritime industry, individual
mariners, and Coast Guard personnel in evaluating a mariner applicant's
physical and medical status to meet the requirements of the merchant
mariner medical certificate. This draft Commandant Instruction Manual
incorporates and consolidates prior guidance on the medical evaluation
of merchant mariners contained in several Coast Guard documents. The
Manual includes guidance on the medical certificate and related
processes, including procedures for application, issuance, and
cancellation of the medical certificate.

DATES: Comments must be submitted to the online docket, via http://www.regulations.gov, on or before January 14, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0041 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Adrienne Buggs, M.D., United States Coast Guard, Office
of Merchant Mariner Credentialing; telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

Public Participation and Comments

    We encourage you to submit comments (or related material) on the
draft Merchant Mariner Medical Manual. We will consider all submissions
and may adjust our final action based on your comments. If you submit a
comment, please include the docket number for this document, indicate
the specific section of this document to which each comment applies,
and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notification, and all public
comments, will be posted in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or the
Coast Guard publishes any additional documents related to this
notification of availability.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.

Background and Discussion of Draft Manual

    The Coast Guard provided guidance on the medical and physical
requirements for merchant mariners in the Medical and Physical
Evaluation Guidelines for Merchant Mariner Credentials, Navigation and
Inspection Circular (NVIC) 04-08, Commandant Publication (COMDTPUB)
16700.4; and in Part A of the Marine Safety Manual, Volume III, Marine
Industry Personnel, COMDTINST M16000.8 (Series) [MSM]. In the years
since publication of NVIC 04-08, information received from public
comment, medical appeals, and federal advisory committee
recommendations highlighted the need for additional specificity and
clarity in the medical guidance document. It also underscored the
potential for confusion caused by having medical evaluation guidance
contained in multiple guidance documents. For example, Part A of the
MSM, Volume III, which has not been updated since 1999, may contain
some information that conflicts with the guidance in NVIC 04-08. In
response to these concerns, the Coast Guard began a series of revisions
to the medical evaluation guidelines, published as Change 1 to NVIC 04-
08, in June 2013, and Change 2 to NVIC 04-08, in April 2016.
    In addition to the revisions needed for improved clarity and
specificity, the medical guidance also required new policy following
publication of the Coast Guard's final rule on the Implementation of
the Amendments to the International Convention on Standards for
Training, Certification and Watchkeeping for Seafarers, 1978, and
Changes to National Endorsements (78 FR 77795, Dec. 24, 2013).
Specifically, the Coast Guard needed to develop new guidance to address
the medical certificate and related processes required by these
regulations. The Coast Guard provided this new guidance through a
separate document, titled NVIC 01-14, Guidance on the Issuance of
Medical Certificates. With the experience gained since the publication
of NVIC 01-14, the Coast Guard has identified areas of the medical
certificate policy that are in need of clarification, particularly with
respect to some entry-level mariners, and procedures related to
mariners who become unfit while in possession of a valid medical
certificate. Rather than issuing a change to NVIC 01-14, the Coast
Guard will include the revised medical certificate guidance with the
medical evaluation guidance in a new policy document called the
Merchant Mariner Medical Manual, also known as Commandant Instruction
M16721.48.
    The draft Merchant Mariner Medical Manual revises, updates and
combines the medical evaluation guidance previously published in NVIC
04-08, Part A of the MSM, Volume III, and NVIC 01-14. The Coast Guard
developed the draft Manual in consultation with experienced maritime
community medical practitioners and industry stakeholders serving on
the Merchant Mariner Medical Advisory Committee (MEDMAC) and the

Merchant Marine Personnel Advisory Committee (MERPAC). The draft Manual
reflects a synthesis of their recommendations and the medical
requirements of Title 46 Code of Federal Regulations (CFR) part 10,
subpart C. Members of the public participated in the development of
medical policy by providing comment and serving on working groups at
the public meetings of MEDMAC and MERPAC. Additionally, the public had
the opportunity to comment on drafts of policies contained in this
Manual, and its predecessor, NVIC 04-08. See requests for comment on
proposed policies regarding: Diabetes, cardiomyopathy, and sleep
disorders (80 FR 8586, Feb. 18, 2015); Medications (80 FR 4582, Jan.
28, 2015); Seizures (78 FR 17917, Mar. 25, 2013); and Implantable
cardioverter defibrillators (77 FR 55174, Sep. 7, 2012). The Coast
Guard considered these public comments when developing this draft
Manual.
    Changes made in this draft Manual seek to improve ease of use,
clarify and update prior guidance, and provide more transparency to the
regulated community. Major changes include (1) use of a single manual
format; (2) clarification of medical certificate requirements for
certain entry-level mariners; and (3) the proposed medical certificate
cancellation policy.
    Manual Format: The Coast Guard reorganized the material into a
manual format instead of a NVIC to improve utility and ease of use for
the regulated community and others who reference the document.
Additionally, in issuing a Commandant Instruction Manual, the name and
number of the document will not change with every future issuance of
the document, reducing the risk of confusion.
    Entry-level Mariners: This draft adds provisions that clarify
confusion between 46 CFR 15.401(c), which requires a medical
certificate in order to serve in a position requiring a merchant
mariner credential (MMC), and other provisions in 46 CFR part 10 that
indicate entry-level mariners do not require a medical examination
except in certain circumstances (see, e.g., Table 1 to 46 CFR 10.239,
which marks entry-level ratings ``N/A'' as to medical and physical exam
requirements, and Table 1 to 46 CFR 10.302(a), which is silent as to
medical requirements for certain entry-level mariners). The draft
Manual will clarify that the Coast Guard does not require medical
certificates for entry-level mariners on vessels not subject to the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as amended, who do not serve as food
handlers.
    Medical Certificate Cancellation Policy: The guidance now includes
the process to be followed when the Coast Guard receives information
indicating that a medical certificate holder has developed a medical
condition that poses significant risk of sudden incapacitation, or is
taking medication that poses significant risk of impairment. This
process includes procedures for cancelling medical certificates, rather
than merchant mariner credentials (MMCs), for mariners who no longer
meet medical certification criteria.
    The Coast Guard began issuing medical certificates in January 2014.
The medical certificate is a certificate issued by the Coast Guard
under 46 CFR part 10, subpart C, that serves as proof that the seafarer
meets the medical and physical standards for merchant mariners. The
medical certificate is not a credential (see definitions of medical
certificate and credential in 46 CFR 10.107). Prior to the
establishment of the medical certificate, a merchant mariner's
certification of medical and physical fitness was embedded in the MMC.
Under that system, if the Coast Guard received credible information
that a mariner no longer met the medical and physical standards, the
Coast Guard's only option was to declare the mariner medically
incompetent and take suspension and revocation action against the MMC,
the mariner's professional credential.
    However, not all medical concerns require revocation of the
professional credential. In most cases, once it is determined that a
medical certificate holder no longer meets the standards for medical
certification, it is more appropriate for the agency to take action
against the certificate that serves as proof of the mariner's medical
fitness. The proposed medical certificate cancellation policy describes
the procedures that the Coast Guard would use to cancel a medical
certificate if it receives credible information that a medical
certificate holder no longer meets the standards for medical fitness.
The process involves providing notice to the involved mariner about the
information received, and allowing them the opportunity to respond and
provide additional information. The proposed policy preserves the
mariner's right to reconsideration and appeal under 46 CFR 1.03-15,
and, allows the involved mariner to continue to work until final agency
action, except in cases where there is evidence of compelling and
substantial risk of imminent harm. Furthermore, the policy allows the
mariner to retain their MMC, simplifying their return to work when
their medical condition improves and allowing them to continue to work
in the industry in positions that do not require a medical certificate.

Questions for Public Comment

    The Coast Guard requests public comment on the draft Medical
Manual, with emphasis on its readability, clarity, and ease of use. We
welcome suggestions on how the Manual can be improved.
    We are particularly interested in whether the draft Manual
adequately addresses safety concerns in situations where the Coast
Guard receives information indicating that a medical certificate holder
has developed a medical condition that poses a significant risk of
sudden incapacitation, or is taking a medication that poses a
significant risk of impairment.
    This document is issued under the authority of 5 U.S.C. 552(a), 46
U.S.C. 7101, and 46 U.S.C. 7302.

    Dated: November 5, 2018.
J.G. Lantz,
Director, Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2018-24502 Filed 11-9-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Notices]
[Pages 8666-8668]
[FR Doc No: 2013-02628]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68786; File No. SR-NASDAQ-2013-021]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delay the Operative Date of a Rule Change to NASDAQ Rule 4121

January 31, 2013.
    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 28, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.

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

    The Exchange proposes a rule change to delay the operative date of
a rule change to NASDAQ Rule 4121, which provides for methodology for
determining when to halt trading in all stocks due to extraordinary
market volatility, from the date of February 4, 2013, until April 8,
2013. The text of the proposed rule change [sic] is available at http://nasdaq.cchwallstreet.com, at the Exchange's principal office, 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 proposes to amend Rule 4121, which provides the
methodology for determining when to halt trading in all stocks due to
extraordinary market volatility, to delay the operative date of the
pilot by which such Rule operates from the current scheduled date of
February 4, 2013, until April 8, 2013, to coincide with the initial
date of operations of the Regulation NMS Plan to Address Extraordinary
Market Volatility (``LULD Plan'').\3\ As proposed, the pilot period
will begin and end at the same time as the pilot period for the LULD
Plan. The current Rule 4121 would remain in effect until April 8, 2013.
If the pilot is not either extended or approved permanently at the end
of the pilot period, the current version of Rule 4121 would be in
effect.
---------------------------------------------------------------------------

    \3\ The Exchange adopted the proposed changes to the market-wide
circuit breakers on a pilot basis for a period that corresponds to
the pilot period for the LULD Plan so that the impact of the two
proposals can be reviewed together. See Securities Exchange Act
Release No. 67090 (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR-
NASDAQ-2011-131). The Exchange anticipates that the initial date of
LULD Plan operations will be changed to April 8, 2013. The proposal
would delay the operative date of the market-wide circuit breaker
pilot to April 8, 2013 in order for the implementation date for the
market-wide circuit breaker pilot would [sic] remain the same date
as for the LULD Plan.

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

Current Rule 4121
    The Exchange amended Rule 4121 on June 6, 2012.\4\ The changes to
Rule 4121 are effective, but not operative until February 4, 2013. The
current standard, set forth in the rules of other exchanges,\5\
provides for Level 1, 2, and 3 declines and specified trading halts
following such declines. The values of Levels 1, 2 and 3 are calculated
at the beginning of each calendar quarter, using 10%, 20% and 30%,
respectively, of the average closing value of the Dow Jones Industrial
Average (``DJIA'') for the month prior to the beginning of the quarter.
Each percentage calculation is rounded to the nearest fifty points to
create the Levels' trigger points. The values then remain in effect
until the next quarterly calculation, notwithstanding whether the DJIA
has moved and a Level 1, 2, or 3 decline is no longer equal to an
actual 10%, 20%, or 30% decline in the most recent closing value of the
DJIA.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-NASDAQ-2011-131).
    \5\ The rule was last amended in 1998, when declines based on
specified point drops in the DJIA were replaced with the current
methodology of using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No. 39846 (April 9,
1998), 63 FR 18477 (April 15, 1998) (SR-NYSE-98-06, SR-Amex-98-09,
SR-BSE-98-06, SR-CHX-98-08, SR-NASD-98-27, and SR-Phlx-98-15).

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

    Once a market-wide circuit breaker is in effect, trading in all
stocks halt for the time periods specified below:
Level 1 Halt
    Anytime before 2:00 p.m.--one hour;
    At or after 2:00 p.m. but before 2:30 p.m.--30 minutes;
    At or after 2:30 p.m.--trading shall continue, unless there is a
Level 2 Halt.
Level 2 Halt
    Anytime before 1:00 p.m.--two hours;
    At or after 1:00 p.m. but before 2:00 p.m.--one hour;
    At or after 2:00 p.m.--trading shall halt and not resume for the
rest of the day.
    Level 3 Halt
    At any time--trading shall halt and not resume for the rest of the
day.
    Unless stocks are halted for the remainder of the trading day,
price indications are disseminated during a Rule 80B trading halt for
stocks that comprise the DJIA.
Amended Rule 4121
    The Exchange amended Rule 4121 to revise the current methodology
for determining when to halt trading in all stocks due to extraordinary
market volatility (``market-wide circuit breakers'').\6\ The Exchange,
other equities, options, and futures markets, and FINRA amended the
market-wide circuit breakers to take into consideration the
recommendations of the Joint CFTC-SEC Advisory Committee on Emerging
Regulatory Issues, and to provide for more meaningful measures in
today's markets of when to halt trading in all stocks. Accordingly, the
Exchange [sic] amended Rule 80B as follows: (i) Replaced the DJIA with
the S&P 500; (ii) replaced the quarterly calendar recalculation of Rule
80B triggers with daily recalculations; (iii) replaced the 10%, 20%,
and 30% market decline percentages with 7%, 13%, and 20% market decline
percentages; (iv) modified the length of the trading halts associated
with each market decline level; and (v) modified the times when a
trading halt may be triggered. The Exchange [sic] believes that these
amendments update the rule to reflect today's high-speed, highly
electronic trading market while still meeting the original purpose of
Rule 80B: to ensure that market participants have an opportunity to
become aware of and respond to significant price movements.
---------------------------------------------------------------------------

    \6\ See supra note 4.
---------------------------------------------------------------------------

    The Exchange adopted the proposed changes to the market-wide
circuit breakers on a pilot basis for a period that corresponds to the
pilot period for the LULD Plan so that the impact of the two proposals
can be reviewed together.\7\ In addition, in order for the markets and
the single plan processors responsible for the consolidation of
information pursuant to Rule 603(b) of Regulation NMS under the
Securities Exchange Act of 1934 to make the necessary technological
changes to implement both the changes to the market-wide circuit
breakers and the proposed LULD Plan, the Exchange established that the
implementation date for the proposed rule changes should be the same
date that the LULD Plan is implemented. The Exchange anticipates that
the initial date of LULD Plan operations will be changed to April 8,
2013. For the same reasons as stated above, the Exchange proposes to
delay the operative date of the market-wide circuit breakers pilot to
April 8, 2013 in order for the implementation date for the market-wide
circuit breakers pilot would remain the same date as for the LULD Plan.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\8\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\9\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, this rule proposal supports the objectives of
perfecting the mechanism of a free and open market and the national
market system because it promotes uniformity across markets concerning
when and how to halt trading in all stocks as a result of extraordinary
market volatility. Additionally, delaying the operative date of the
market-wide circuit breakers pilot until the initial date of operations
of the LULD Plan would allow the pilot to begin and end at the same
time of the LULD Plan so that the Exchange and the Commission could
further assess the impact of the two pilots on the marketplace or
whether other initiatives should be adopted in lieu of the pilots,
which contributes to the protection of investors and the public
interest..[sic]

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes are
being made to delay the operation of the market-wide circuit breakers
pilot until April 8, 2013 to allow the pilot period to begin and end at
the same time as the LULD Plan, which contributes to the protection of
investors and the public interest. Other competing equity exchanges are
subject to the same methodology for determining when to halt trading in
all stocks due to extraordinary market volatility and the same
requirements specified in the LULD Plan. Thus, the proposed changes
will not impose any burden on competition while providing that the
market-wide circuit breakers pilot period corresponds to the pilot
period for the LULD Plan so that the impact of the two proposals can be
reviewed together.

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

    Written comments were neither solicited nor 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) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Doing so will delay
the operative date of the market-wide circuit breakers pilot until the
initial date of operations of the LULD Plan, thereby allowing the pilot
to run simultaneously with the LULD Plan, providing an opportunity to
properly assess the impact of the two pilots on the marketplace and
evaluate the pilots' effectiveness. Therefore, the Commission hereby
waives the 30-day operative delay and designates the proposal operative
upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-021 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-2013-021.
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 on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices 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-2013-021, and should be submitted
on or before February 27, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02628 Filed 2-5-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31968-31969]
[FR Doc No: 2018-14738]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-OW-2018-0270; FRL-9980-54-OW]

Announcement of the Per- and Polyfluoroalkyl Substances (PFAS)
Pennsylvania Community Engagement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of an event.

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SUMMARY: The Environmental Protection Agency (EPA) will host a Per- and
Polyfluoroalkyl Substances (PFAS) community engagement in Horsham,
Pennsylvania. The goal of the event is to allow the EPA to hear
directly from Pennsylvania communities to understand ways the Agency
can best support the work that is being done at the state and local
level. For more information on the event, visit the EPA's PFAS website:
https://www.epa.gov/pfas/pfas-community-engagement. During the recent
PFAS National Leadership Summit, the EPA announced plans to visit
communities to hear directly from those impacted by PFAS. These
engagements are the next step in the EPA's commitment to address
challenges with PFAS. The EPA anticipates that the community
engagements will provide valuable insight for the agency's efforts
moving forward. For more information, go to the SUPPLEMENTARY
INFORMATION section of this notice.

DATES: The event will be held on July 25, 2018. A working session will
be held on July 25 from 10:00 a.m. to 3:00 p.m., eastern time. A
listening session will be held on July 25 from 4:00 p.m. to 9:00 p.m.,
eastern time.

ADDRESSES: The event will be held at the Keith Valley Middle School,
227 Meetinghouse Road, Horsham, Pennsylvania 19044. If you are unable
to attend the Pennsylvania Community Engagement, you will be able to
submit comments at http://www.regulations.gov: Enter Docket ID No. EPA-
OW-2018-0270. Citizens, including those that attend and provide oral
statements, are encouraged to send written statements to the public
docket. Follow the online instructions for submitting comments. Once
submitted, comments cannot be edited or withdrawn. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rick Rogers, USEPA Region 3, 1650 Arch
Street (Mail Code 3WP20) Philadelphia, PA 19103-2029; telephone number:
215-814-5711; email address: [email protected].

SUPPLEMENTARY INFORMATION:
    Details about Participating in the Event: The public is invited to
speak during the July 25 listening session. Those interested in
speaking can sign up for a 3-minute speaking slot on EPA's website at
https://www.epa.gov/pfas/pfas-community-engagement. Please check this
website for event materials as they become available, including a full
agenda, leading up to the event.
    The PFAS National Leadership Summit: On May 22-23, 2018, the EPA
hosted the PFAS National Leadership Summit. During the summit,
participants worked together to share information on ongoing efforts to
characterize risks from PFAS, develop monitoring and treatment/cleanup
techniques, identify specific near-term actions (beyond those already
underway) that are needed to address challenges currently facing states
and local communities, and develop risk communication strategies that
will help communities to address public concerns regarding PFAS.
    The EPA wants to assure the public that their input is valuable and
meaningful. Using information from the National Leadership Summit,
public docket, and community engagements, the EPA plans to develop a
PFAS Management Plan for release later this year. A summary of the
Pennsylvania Community Engagement will be made available to the public
following the event on the EPA's PFAS Community Engagement website at:
https://www.epa.gov/pfas/pfas-community-engagement.

    Dated: June 28, 2018.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2018-14738 Filed 7-9-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Notices]
[Pages 49740-49741]
[FR Doc No: 2013-19797]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG13-50-000.
    Applicants: Whitetail Wind Energy, LLC.
    Description: Self-Certification of EG of Whitetail Wind Energy,
LLC.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5164.
    Comments Due: 5 p.m. ET 8/28/13.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER13-1709-001.
    Applicants: Blackwell Wind, LLC.
    Description: Blackwell Wind, LLC Amendment to MBR Tariff to be
effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5162.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1710-001.
    Applicants: Elk City Wind, LLC.
    Description: Elk City Wind, LLC Amendment to MBR Tariff to be
effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5167.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1711-001.
    Applicants: Elk City II Wind, LLC.
    Description: Elk City II Wind, LLC Amendment to MBR Tariff to be
effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5168.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1712-001.
    Applicants: FPL Energy Cowboy Wind, LLC.
    Description: FPL Energy Cowboy Wind, LLC Amendment to MBR Tariff to
be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5170.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1713-001.
    Applicants: FPL Energy Oklahoma Wind, LLC.
    Description: FPL Energy Oklahoma Wind, LLC Amendment to MBR Tariff
to be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5171.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1714-001.
    Applicants: FPL Energy Sooner Wind, LLC.
    Description: FPL Energy Sooner Wind, LLC Amendment to MBR Tariff to
be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5172.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1715-001.
    Applicants: High Majestic Wind II, LLC.
    Description: High Majestic Wind II, LLC Amendment to MBR Tariff to
be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5175.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1716-001.
    Applicants: Minco Wind, LLC.
    Description: Minco Wind, LLC Amendment to MBR Tariff to be
effective 8/8/2013.

    Filed Date: 8/7/13.
    Accession Number: 20130807-5176.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1717-001.
    Applicants: Minco Wind II, LLC.
    Description: Minco Wind II, LLC Amendment to MBR Tariff to be
effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5177.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1720-001.
    Applicants: Gray County Wind Energy, LLC.
    Description: Gray County Wind Energy, LLC Amendment to MBR Tariff
to be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5173.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-1721-001.
    Applicants: High Majestic Wind Energy Center, LLC.
    Description: High Majestic Wind Energy Center, LLC Amendment to MBR
Tariff to be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5174.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-2126-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position Y2-100; Original Service Agreement No.
3608 to be effective 7/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5151.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-2127-000.
    Applicants: Cimarron Wind Energy, LLC.
    Description: Cimarron Wind Energy, LLC Amendment to MBR Tariff to
be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5163.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-2128-000.
    Applicants: Ensign Wind, LLC.
    Description: Ensign Wind, LLC Amendment to MBR Tariff to be
effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5169.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-2129-000.
    Applicants: Minco Wind III, LLC.
    Description: Minco Wind III, LLC Amendment to MBR Tariff to be
effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5179.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-2130-000.
    Applicants: Minco Wind Interconnection Services, LLC.
    Description: Minco Wind Interconnection Services, LLC Amendment to
MBR Tariff to be effective 8/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5181.
    Comments Due: 5 p.m. ET 8/28/13.

    Docket Numbers: ER13-2131-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position Y2-109; Original Service Agreement No.
3607 to be effective 7/8/2013.
    Filed Date: 8/7/13.
    Accession Number: 20130807-5194.
    Comments Due: 5 p.m. ET 8/28/13.
    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 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: August 8, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-19797 Filed 8-14-13; 8:45 am]
BILLING CODE 6717-01-P