[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70207-70209]
[FR Doc No: 2013-27832]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0418; Directorate Identifier 2012-NM-200-AD;
Amendment 39-17668; AD 2013-23-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, and F4-
600R series airplanes; and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes). This AD was
prompted by a report that cracking was found in area 2 of the frame
base fittings between frame 41 and frame 46. This AD requires a check
of maintenance records to determine if certain repairs were done in
area 1 of the frame base fittings, and, for affected airplanes, a
detailed inspection for cracking in area 2 of the frame base fittings
between frame 41 and frame 46, and repair if necessary. We are issuing
this AD to detect and correct cracking in area 2 of the frame base
fittings between frame 41 and frame 46, which could adversely affect
the structural integrity of the airplane.

DATES: This AD becomes effective December 30, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 30,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0418 or in person at the
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on May 14, 2013 (78 FR
28159). The NPRM proposed to correct an unsafe condition for the
specified products. The European Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2012-0229, dated October 31,
2012 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During accomplishment of Airbus SB [service bulletin] A300-53-
6111, which addresses detailed visual inspections of the lower frame
fittings between Frame (FR) 41 and FR 46, on one A300-600 aeroplane
a crack was detected in the area 2 of the foot of frame FR 46 at
junction radius level.
    This frame, that was previously repaired due to a crack finding
in the area 1, was not due to be inspected before reaching the post-
repair inspection threshold, i.e., 45,400 FC [flight cycles], from
repair embodiment.
    It has been determined that the current repairs proposed in
Airbus SB A300-53-6111 and Airbus [SB] A300-53-0337 are of limited
effect to prevent cracking in the area 2 of the lower frame
fittings.
    Consequently, as a temporary action and until an improvement of
the existing repairs is made available, this [EASA] AD requires a
one-time detailed visual inspection [for cracking] of [the] frame
base fittings that were repaired in accordance with Airbus SB A300-
53-0337, original issue or Rev. 1, or Airbus SB A300-53-6111
original issue up to Rev. 4 * * *.

The unsafe condition is cracking in the frame base fittings, which
could adversely affect the structural integrity of the airplane. The
required actions include repairing any cracking found. You may obtain
further information by examining the MCAI in the AD docket on the
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-
0418-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.

Request To Correct Typographical Error in SUMMARY Section

    UPS noted there is a typographical error in the SUMMARY section of
the NPRM (78 FR 28159, May 14, 2013). UPS stated that the third line
includes the phrase ``frame brace fittings,'' but throughout the rest
of the document the terminology used is ``frame base fittings.'' UPS
suggested that for

consistency throughout the document ``brace'' be changed to ``base.''
    We agree that the word ``brace'' should be changed to ``base'' and
have changed the SUMMARY section of this final rule accordingly. The
error only appeared in the SUMMARY section so no additional changes
were necessary.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes and the
correction of the typographical error in the SUMMARY section of this
final rule. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 28159, May 14, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 28159, May 14, 2013).

Costs of Compliance

    We estimate that this AD affects 124 airplanes of U.S. registry.
    We estimate it will take about 4 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $85
per work-hour. Based on these figures, we estimate the cost of this AD
on U.S. operators to be $42,160, or $340 per product.
    In addition, we estimate that any necessary follow-on actions will
take up to 350 work-hours and require parts costing up to $56,469 for a
cost of $86,219 per product. We have no way of determining the number
of products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0418; or in person at the
Docket Operations office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
MCAI, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-23-13 Airbus: Amendment 39-17668. Docket No. FAA-2013-0418;
Directorate Identifier 2012-NM-200-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 30,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes, on which any repair has been done as
specified in Airbus Service Bulletin A300-53-0337, dated February 4,
1999; or Airbus Service Bulletin A300-53-0337, Revision 01, dated
March 17, 2003.
    (2) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-
605R and F4-622R airplanes; and A300 C4-605R Variant F airplanes; on
which any repair has been done as specified in any of the service
information identified in paragraphs (c)(2)(i), (c)(2)(ii),
(c)(2)(iii), (c)(2)(iv), (c)(2)(v), and (c)(2)(vi) of this AD.
    (i) Airbus Service Bulletin A300-53-6111, dated February 4,
1999.
    (ii) Airbus Service Bulletin A300-53-6111, Revision 01, dated
March 17, 2003.
    (iii) Airbus Service Bulletin A300-53-6111, Revision 02, dated
September 13, 2004.
    (iv) Airbus Service Bulletin A300-53-6111, Revision 03, dated
September 30, 2009.
    (v) Airbus Mandatory Service Bulletin A300-53-6111, Revision 04,
dated August 25, 2011.
    (vi) Airbus Mandatory Service Bulletin A300-53-6111, Revision
05, dated January 28, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report that cracking was found in area
2 of the frame base fittings between frame 41 and frame 46. We are
issuing this AD to detect and correct cracking in area 2 of the
frame base fittings between frame 41 and frame 46, which could
adversely affect the structural integrity of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Maintenance Records Check and Frame Base Fitting Inspection

    Within 1,000 flight hours after the effective date of this AD:
Check the airplane maintenance records to determine if repairs were
done in area 1 of the frame base fittings as defined in Appendix 1
of Airbus Alert Operators Transmission A53W001-12, dated July 4,
2012.

(h) Frame Base Fitting Inspection

    If, during any records check required by paragraph (g) of this
AD, it is determined that area 1 of the frame base fittings was
repaired: Within 1,000 flight hours after the effective date of this
AD, do a detailed inspection of the frame base fittings between
frame 41 and frame 46 in area 2 as defined in Appendix 1 of Airbus
Alert Operators Transmission A53W001-12, dated July 4, 2012.

(i) Corrective Action

    If any cracking is found during any detailed inspection required
by paragraph (h) of this AD: Before further flight, repair the
cracking using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA) (or its delegated agent).

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information European
Aviation Safety Agency Airworthiness Directive 2012-0229, dated
October 31, 2012, for related information, which can be found in the
AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0418-0002.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A53W001-12, dated July
4, 2012, including Appendix 1 and Appendix 2 and excluding Appendix
3.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-27832 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Notices]
[Page 60052-60053]
[DOCID:fr23oc07-72]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fourteenth Meeting: RTCA Special Committee 207/Airport Security
Access Control Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 207 Meeting, Airport Security
Access Control Systems.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 207, Airport Security Access Control
Systems.

DATES: The meeting will be held November 16, 2007 from 9:30 a.m.-4 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., Conference Rooms,
1828 L Street, NW., Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street,
NW., Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 207 meeting. The agenda will
include:

     November 16:
     Opening Plenary Session (Welcome, Introductions, and
Administrative Remarks).
     Review of Meeting Summary.
     Review of Workgroup Leaders Meetings.
     Workgroup Reports.
     Workgroup 2: Introduction.
     Workgroup 3: Local Identity Management System.
     Workgroup 4: Physical Access Control.
     Workgroup 5: Intrusion Detection Systems.
     Workgroup 6: Video Systems.
     Workgroup 7: Security Operating Center.
     Workgroup 8: Communications Infrastructure.
     Workgroup 9: General Considerations.
     Workgroup 10: Appendices.
     Closing Plenary Session (Other Business, Establish Agenda,
Date and Place of Following Meetings).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on October 15, 2007.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 07-5215 Filed 10-22-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48933-48935]
[FR Doc No: 2011-20099]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65021; File No. SR-ISE-2011-45]

 Self-Regulatory Organizations; International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Fees for Complex Orders

August 3, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 1, 2011, the International Securities Exchange, LLC (the
``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend fees for certain complex orders
executed on the Exchange. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.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 self-regulatory organization
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 self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The Exchange currently assesses per contract transaction charges
and credits to market participants that add or remove liquidity from
the Exchange (``maker/taker fees'') in a number of options classes (the
``Select Symbols'').\3\
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    \3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees. See
Securities Exchange Act Release Nos. 61869 (April 7, 2010), 75 FR
19449 (April 14, 2010) (SR-ISE-2010-25), 62048 (May 6, 2010), 75 FR
26830 (May 12, 2010) (SR-ISE-2010-43), 62282 (June 11, 2010), 75 FR
34499 (June 17, 2010) (SR-ISE-2010-54), 62319 (June 17, 2010), 75 FR
36134 (June 24, 2010) (SR-ISE-2010-57), 62508 (July 15, 2010), 75 FR
42809 (July 22, 2010) (SR-ISE-2010-65), 62507 (July 15, 2010), 75 FR
42802 (July 22, 2010) (SR-ISE-2010-68), 62665 (August 9, 2010), 75
FR 50015 (August 16, 2010) (SR-ISE-2010-82), 62805 (August 31,
2010), 75 FR 54682 (September 8, 2010) (SR-ISE-2010-90), 63283
(November 9, 2010), 75 FR 70059 (November 16, 2010) (SR-ISE-2010-
106), 63534 (December 13, 2010), 75 FR 79433 (December 20, 2010)
(SR-ISE-2010-114); 63664 (January 6, 2011), 76 FR 2170 (January 12,
2011) (SR-ISE-2010-120); and 64303 (April 15, 2011), 76 FR 22425
(April 21, 2011) (SR-ISE-2011-18).
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    For complex orders in the Select Symbols, the Exchange currently
charges a ``take'' fee of: (i) $0.30 per contract for Market Maker,\4\
Market Maker Plus,\5\ Firm Proprietary and

Customer (Professional) \6\ orders; and (ii) $0.35 per contract for
Non-ISE Market Maker \7\ orders. Priority Customer \8\ orders are not
charged a take fee for complex orders. For complex orders, the Exchange
currently charges a ``make'' fee of: (i) $0.10 per contract for Market
Maker, Market Maker Plus, Firm Proprietary and Customer (Professional)
orders; and (ii) $0.20 per contract for Non-ISE Market Maker orders.
Priority Customer orders are not charged a make fee for complex orders.
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    \4\ Market Makers who remove liquidity in the Select Symbols
from the Complex Order Book by trading with orders preferenced to
them are charged $0.28 per contract.
    \5\ A Market Maker Plus is a market maker who is on the National
Best Bid or National Best Offer 80% of the time for series trading
between $0.03 and $5.00 (for options whose underlying stock's
previous trading day's last sale price was less than or equal to
$100) and between $0.10 and $5.00 (for options whose underlying
stock's previous trading day's last sale price was greater than
$100) in premium in each of the front two expiration months and 80%
of the time for series trading between $0.03 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
less than or equal to $100) and between $0.10 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium across all expiration months in order
to receive the rebate. The Exchange determines whether a market
maker qualifies as a Market Maker Plus at the end of each month by
looking back at each market maker's quoting statistics during that
month. If at the end of the month, a market maker meets the
Exchange's stated criteria, the Exchange rebates $0.10 per contract
for transactions executed by that market maker during that month.
The Exchange provides market makers a report on a daily basis with
quoting statistics so that market makers can determine whether or
not they are meeting the Exchange's stated criteria.
    \6\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
    \7\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
    \8\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
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    Additionally, the Exchange provides a rebate of $0.25 per contract
to Priority Customer complex orders that trade with non-customer orders
in the Complex Order Book.
    The Exchange now proposes to extend the fees and credits for
complex orders applicable to the Select Symbols to all symbols that are
in the Penny Pilot Program.\9\ Thus, pursuant to this proposed rule
change, for complex orders in the Penny Pilot Symbols, the Exchange
will charge a ``take'' fee of: (i) $0.30 per contract for Market Maker,
Market Maker Plus, Firm Proprietary and Customer (Professional) orders;
and (ii) $0.35 per contract for Non-ISE Market Maker orders. Priority
Customer orders will not be charged a take fee for complex orders. For
complex orders in the Penny Pilot Symbols, the Exchange will charge a
``make'' fee of: (i) $0.10 per contract for Market Maker, Market Maker
Plus, Firm Proprietary and Customer (Professional) orders; and (ii)
$0.20 per contract for Non-ISE Market Maker orders. Priority Customer
orders will not be charged a make fee for complex orders.
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    \9\ The Penny Pilot Program, which commenced on January 26,
2007, permits ISE and all of the other options exchanges to quote
certain option classes in pennies. The current pilot is scheduled to
expire on December 31, 2011. The following options classes are
currently in the Penny Pilot Program: A, AA, AAPL, ABK, ABT, ABX,
ACAS, ACI, ADBE, ADM, ADSK, AEM, AET, AFL, AGO, AIG, AKAM, AKS, ALL,
AMAT, AMD, AMED, AMGN, AMLN, AMR, AMZN, ANF, ANR, APA, APC, APOL,
APWR, ARNA, ATPG, ATVI, AUY, AXP, BA, BAC, BAX, BBBY, BBD, BBT, BBY,
BCRX, BHI, BHP, BIDU, BK, BMY, BP, BPOP, BRCD, BRCM, BRKB, BSX, BTU,
BUCY, BX, C, CAT, CB, CELG, CENX, CF, CHK, CI, CIEN, CIT, CL, CLF,
CMA, CMCSA, CNX, COF, COP, COST, CREE, CRM, CSCO, CSX, CTIC, CVS,
CVX, CX, DAL, DCTH, DD, DE, DELL, DHI, DIA, DIS, DNDN, DO, DOW,
DRYS, DTV, DVN, EBAY, EEM, EFA, EK, EMC, ENER, EOG, EP, ERTS, ESI,
ESRX, ETFC, EWJ, EWT, EWW, EWY, EWZ, F, FAS, FAZ, FCX, FDX, FFIV,
FIS, FITB, FLEX, FNM, FRE, FSLR, FWLT, FXE, FXI, FXP, GDX, GE, GFI,
GG, GGP, GILD, GIS, GLD, GLW, GM, GMCR, GME, GNW, GPS, GRMN, GS,
HAL, HBAN, HBC, HD, HES, HGSI, HIG, HK, HL, HOG, HON, HOT, HPQ, HSY,
IBM, IBN, INTC, IOC, IP, ITMN, IWM, IYR, JCP, JDSU, JNJ, JNPR, JOYG,
JPM, JWN, KBH, KEY, KFT, KGC, KMP, KO, KRE, LCC, LDK, LEAP, LEN,
LLY, LNC, LO, LOW, LVS, M, MA, MBI, MCD, MCO, MCP, MDT, MDVN, MEE,
MET, MGM, MJN, MMM, MMR, MNKD, MNX, MO, MON, MOS, MRK, MRO, MRVL,
MS, MSFT, MSI, MT, MTG, MU, MYL, NBR, NE, NEM, NFLX, NKE, NLY, NOK,
NOV, NTAP, NUE, NVDA, NYX, OIH, ORCL, OXY, PARD, PBR, PCL, PCX, PEP,
PFE, PG, PHM, PM, PNC, POT, PRU, PXP, QCOM, QID, QLD, QQQ, RCL, RF,
RIG, RIMM, RMBS, RSH, RTN, RVBD, S, SBUX, SD, SDS, SEED, SHLD, SIRI,
SKF, SLB, SLM, SLV, SLW, SMH, SNDK, SO, SPG, SPWRA, SPY, SQNM, SRS,
SSO, STEC, STI, STP, STT, STX, SU, SUN, SVNT, SWN, SYMC, T, TBT,
TCK, TEVA, TGT, TIF, TIVO, TLB, TLT, TM, TSL, TSO, TWX, TXN, TXT,
TYC, TZA, UAL, UNG, UNH, UNP, UPS, URE, USB, USO, UTX, UUP, UYG, V,
VALE, VLO, VRSN, VVUS, VXX, VZ, WAG, WDC, WFC, WFM, WFR, WFT, WHR,
WIN, WLP, WLT, WMB, WMT, WYNN, X, XHB, XL, XLB, XLE, XLF, XLI, XLK,
XLNX, XLP, XLU, XLV, XLY, XME, XOM, XOP, XRT, XRX, YHOO, YRCW, YUM
and ZION (the ``Penny Pilot Symbols'').
---------------------------------------------------------------------------

    Additionally, the Exchange currently provides a rebate of $0.25 per
contract to Priority Customer complex orders that trade with non-
customer orders in the Complex Order Book and proposes to extend this
rebate to the Penny Pilot Symbols. Finally, the Exchange currently
charges a Payment for Order Flow (PFOF) fee of $0.25 per contract for
each customer order executed in the Penny Pilot Symbols, including
complex orders. As part of this proposed rule change, the Exchange
proposes not to charge a PFOF fee for customer complex orders
transacted in the Penny Pilot Symbols.
    The Exchange has designated this proposal to be operative on August
1, 2011.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \10\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \11\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members and other persons using
its facilities. The impact of the proposal upon the net fees paid by a
particular market participant will depend on a number of variables,
most important of which will be its propensity to add or remove
liquidity in options overlying the symbols that are subject to the
Exchange's maker/taker fees.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that its complex order fees and credits
remain competitive with fees charged by other exchanges and therefore
are reasonable and equitably allocated to those members that opt to
direct orders to the Exchange rather than to a competing exchange. The
Exchange believes that its proposal to extend its complex order pricing
to all Penny Pilot Symbols is reasonable because doing so will attract
additional order flow to the Exchange. The complex order pricing
employed by the Exchange for the Select Symbols has proven to be an
effective pricing mechanism and attractive to Exchange participants and
their customers. The Exchange believes extending that pricing structure
will attract additional complex order business while at the same time
creating standardization in complex order pricing across symbols that
make up the majority of daily volume in options trading. The Exchange
further believes that the amounts of the proposed fees are reasonable
because they are identical to fees assessed by the Exchange for
execution of complex orders in the Select Symbols.
    The Exchange believes it is reasonable to eliminate the PFOF fee
for customer complex orders in the Penny Pilot Symbols because the
Exchange does not charge a PFOF fee for symbols that are subject to the
Exchange's maker/taker pricing, i.e., the Select Symbols. PFOF fees are
pricing incentives offered by exchanges to attract order flow. Since
the Exchange is proposing to adopt maker/taker pricing for complex
orders, which provides incentives to attract order flow in the form of
rebates, the Exchanges does not have a need to charge PFOF fees for
these orders.
    The Exchange also believes that extending the maker/taker pricing
to complex orders in the Penny Pilot Symbols is reasonable and
equitable because the Exchange is not changing its maker/taker pricing
structure; it is merely extending it to additional symbols, i.e., Penny
Pilot Symbols. The Exchange also believes that eliminating

the PFOF fee for complex orders in the Penny Pilot Symbols is
reasonable and equitable because it will benefit customers. The
Exchange further believes that the Exchange's maker/taker fees are not
unfairly discriminatory because the fee structure is consistent with
fee structures that exist today at other options exchanges.
    Finally, the Exchange believes that the proposed fees are fair,
equitable and not unfairly discriminatory because the proposed fees are
consistent with price differentiation that exists today at other option
exchanges. Additionally, the Exchange believes it remains an attractive
venue for market participants to trade complex orders despite its
proposed fee change as its fees remain competitive with those charged
by other exchanges for similar trading strategies. The Exchange
operates in a highly competitive market in which market participants
can readily direct order flow to another exchange if they deem fee
levels at a particular exchange to be excessive.

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\12\ 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 to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2011-45 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-ISE-2011-45. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings 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 No. SR-ISE-2011-45 and should be
submitted on or before August 30, 2011.

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

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20099 Filed 8-8-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65456-65458]
[FR Doc No: 2020-22866]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90120; File No. SR-BX-2020-028]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Eliminate the
Fee for BX's TradeInfo Interface in Options 7

October 9, 2020.
    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 September 30, 2020, Nasdaq 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 eliminate the fee for BX's TradeInfo
interface in Options 7 in connection with decommissioning this
functionality, and to credit any TradeInfo fees paid by Participants
for the month of September 2020.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/rules, 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 proposed rule change is to eliminate the fee for
BX's TradeInfo interface in Options 7 in connection with
decommissioning this functionality, and to credit any TradeInfo fees
paid by Participants for the month of September 2020.
    While these amendments are effective upon filing, the Exchange has
designated the proposed amendments to be operative on October 1, 2020.
    TradeInfo is a user interface which permits a Participant to: (i)
Search all orders submitted in a particular security or all orders of a
particular type, regardless of their status (open, canceled, executed,
etc.); (ii) cancellation of open orders at the order, port or firm
mnemonic level; (iii) a view of orders and executions; and (iv)
download of orders and executions for recordkeeping purposes.\3\ The
Exchange notes that this interface is not utilized by BX Participants
at this time \4\ and has therefore separately filed to decommission
TradeInfo effective September 14, 2020 to coincide with the BX
technology migration to enhanced Nasdaq, Inc. functionality.\5\ As
noted in that filing, information that is currently available within
TradeInfo can be obtained from FIX,\6\ FIX Drop \7\ and the Clearing
Trade Interface,\8\ which are available to all Participants.\9\
---------------------------------------------------------------------------

    \3\ See Options 3, Section 23(b)(2).
    \4\ There are five Participants currently billed for TradeInfo,
but no Participant logged into TradeInfo in 2020, including these
five Participants.
    \5\ See Securities Exchange Act Release No. 89819 (September 10,
2020), 85 FR 57893 (September 16, 2020) (SR-BX-2020-027). The
Exchange has also issued an Options Trader Alert to provide notice
of TradeInfo's decommission. See Options Trader Alert #2020-23.
    \6\ ``Financial Information eXchange'' or ``FIX'' is an
interface that allows Participants and their Sponsored Customers to
connect, send, and receive messages related to orders and auction
orders and responses to and from the Exchange. Features include the
following: (1) Execution messages; (2) order messages; and (3) risk
protection triggers and cancel notifications. See Options 3, Section
7(d)(1)(A).
    \7\ FIX DROP is a real-time order and execution update message
that is sent to a Participant after an order has been received/
modified or an execution has occurred and contains trade details
specific to that Participant. The information includes, among other
things, the following: (i) Executions; (ii) cancellations; (iii)
modifications to an existing order and (iv) busts or post-trade
corrections. See Options 3, Section 23(b)(3).
    \8\ The Clearing Trade Interface or ``CTI'' is a real-time
clearing trade update message that is sent to a Participant after an
execution has occurred and contains trade details specific to that
Participant. The information includes, among other things, the
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or
The Options Clearing Corporation or ``OCC'' number; (ii) Exchange
badge or house number; (iii) the Exchange internal firm identifier;
(iv) an indicator which will distinguish electronic and non-
electronically delivered orders; (v) liquidity indicators and
transaction type for billing purposes; and (vi) capacity. See
Options 3, Section 23(b)(1).
    \9\ See supra note 5. Today, all Participants have at least FIX,
FIX DROP, or CTI.
---------------------------------------------------------------------------

    In connection with retiring TradeInfo on September 14, 2020, the
Exchange proposes to eliminate the associated TradeInfo BX Interface
Fee of $95 per user, per month set forth in Options 7, Section 3(ii),
to be effective on October 1, 2020. The Exchange also proposes to make
a similar change in Options 7, Section 7(c)(2), which governs fee
disputes, by deleting the reference to the TradeInfo fee therein.
    The Exchange notes that TradeInfo fees are assessed in full month
increments and are not prorated.\10\ Consequently, by decommissioning
TradeInfo on September 14th, a Participant subscriber would still be
charged the $95 per user fee for all of September on the October
bill.\11\ As noted above, there are five Participants currently billed
for TradeInfo, but no Participant is actually using this interface at
this time.\12\ Accordingly, the Exchange proposes to issue a credit in
the same amount the Participant paid in fees for TradeInfo for the
month of September 2020. To effect this change, the Exchange proposes
to add the following language in Options 7, Section 3(ii): ``Any BX
Participant that paid the TradeInfo BX Interface Fee of $95 per user,
per month in September 2020 will get an equivalent credit for that
month.''
---------------------------------------------------------------------------

    \10\ See Options 7, Section 3.
    \11\ The Exchange sends a monthly invoice of fees to each
Participant the following month. For example, a Participant will be
billed in October for subscribing to TradeInfo in September.
    \12\ See supra note 4.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\14\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair

discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the elimination of the TradeInfo BX Interface
Fee and related rule text is reasonable because the Exchange no longer
offers this functionality as of September 14, 2020, thus making the
fees irrelevant going forward. As there are still a small number of
Participants currently subscribed to TradeInfo, the Exchange believes
that it is reasonable to issue an equivalent credit to those
Participants that are billed for the TradeInfo fee for the month of
September 2020.\15\ As explained above, because TradeInfo fees are
currently assessed in full month increments and are not prorated,
Participant subscribers would be charged the $95 per user fee for all
of September on their October bill, even though they will not be able
to access this service for the full month of September. The Exchange
therefore believes that it is reasonable to refund the equivalent
amount on the Participant's October bill in the manner proposed above.
---------------------------------------------------------------------------

    \15\ See supra note 4.
---------------------------------------------------------------------------

    The Exchange believes that its proposal to eliminate the TradeInfo
fee and related rule text is equitable and not unfairly discriminatory
because no BX Participant will be charged the TradeInfo fee going
forward under this proposal. As noted above, five Participant
subscribers are charged the TradeInfo fee today. To the extent any
Participants pay the TradeInfo fee for the month of September 2020, the
Exchange is proposing to issue an equivalent credit for that month. Not
issuing the proposed credit to Participants that are not currently
subscribed to TradeInfo is equitable and not unfairly discriminatory as
these Participants would not be charged the TradeInfo fee in the first
place. Thus, the Exchange believes that its proposal will not unfairly
discriminate among Participants and will be allocated equitably.

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 proposed fee changes
eliminate the fee and related rule text that applied to the TradeInfo
interface, which the Exchange no longer offers as of September 14,
2020. As noted above, while there are a very small number of
Participants currently subscribed to TradeInfo, no Participants are
actually utilizing this interface at this time.\16\ For those few
Participants currently subscribed to (and billed for) TradeInfo for the
month September 2020, the Exchange is proposing to issue an equivalent
credit for that month. By providing a credit in this manner to
Participant subscribers and not providing the credit to non-subscriber
Participants (who would not be charged the TradeInfo fee in the first
place), the Exchange seeks to ensure that all Participants are treated
equitably under this proposal. Furthermore, the Exchange notes that the
TradeInfo interface is entirely optional, and Participants are able to
obtain the information available on TradeInfo from FIX, FIX Drop and
CTI, which are available to all Participants. Accordingly, the Exchange
does not believe that its proposal imposes any burden on intra-market
competition, or places certain market participants at a relative
disadvantage compared to other market participants.
---------------------------------------------------------------------------

    \16\ Id.
---------------------------------------------------------------------------

    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\17\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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-2020-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2020-028. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549-1090, on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BX-2020-028 and
should be submitted on or before November 5, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-22866 Filed 10-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24726-24729]
[FR Doc No: 2019-11166]

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

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8581]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain

management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

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 Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 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. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    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 II
New York:
    Akron, Village of, Erie           361553  May 2, 1975,        June 7, 2019..........  June 7, 2019.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               June 7, 2019,
                                               Susp.

    Alden, Town of, Erie              360225  December 26, 1973,  ......do *............   Do.
     County.                                   Emerg; June 1,
                                               1981, Reg; June
                                               7, 2019, Susp.
    Alden, Village of, Erie           360224  August 28, 1974,    ......do..............   Do.
     County.                                   Emerg; January 6,
                                               1984, Reg; June
                                               7, 2019, Susp.
    Amherst, Town of, Erie            360226  August 9, 1974,     ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1984, Reg;
                                               June 7, 2019,
                                               Susp.
    Angola, Village of, Erie          360982  April 14, 1975,     ......do..............   Do.
     County.                                   Emerg; May 18,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Blasdell, Village of, Erie        361489  December 16, 1975,  ......do..............   Do.
     County.                                   Emerg; June 25,
                                               1976, Reg; June
                                               7, 2019, Susp.
    Brant, Town of, Erie              360229  August 4, 1975,     ......do..............   Do.
     County.                                   Emerg; January 6,
                                               1984, Reg; June
                                               7, 2019, Susp.
    Buffalo, City of, Erie            360230  January 16, 1974,   ......do..............   Do.
     County.                                   Emerg; November
                                               18, 1981, Reg;
                                               June 7, 2019,
                                               Susp.
    Cheektowaga, Town of, Erie        360231  February 4, 1972,   ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1977, Reg; June
                                               7, 2019, Susp.
    Clarence, Town of, Erie           360232  April 4, 1975,      ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1982, Reg; June
                                               7, 2019, Susp.
    Colden, Town of, Erie             360233  May 27, 1975,       ......do..............   Do.
     County.                                   Emerg; July 2,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Collins, Town of, Erie            360234  May 26, 1972,       ......do..............   Do.
     County.                                   Emerg; May 16,
                                               1977, Reg; June
                                               7, 2019, Susp.
    Concord, Town of, Erie            360235  July 1, 1975,       ......do..............   Do.
     County.                                   Emerg; February
                                               27, 1984, Reg;
                                               June 7, 2019,
                                               Susp.
    Depew, Village of, Erie           360236  December 24, 1974,  ......do..............   Do.
     County.                                   Emerg; August 3,
                                               1981, Reg; June
                                               7, 2019, Susp.
    East Aurora, Village of,          365335  December 23, 1971,  ......do..............   Do.
     Erie County.                              Emerg; July 20,
                                               1973, Reg; June
                                               7, 2019, Susp.
    Elma, Town of, Erie County        360239  February 4, 1972,   ......do..............   Do.
                                               Emerg; June 1,
                                               1977, Reg; June
                                               7, 2019, Susp.
    Evans, Town of, Erie              360240  April 21, 1972,     June 7, 2019..........  June 7, 2019.
     County.                                   Emerg; September
                                               30, 1977, Reg;
                                               June 7, 2019,
                                               Susp.
    Gowanda, Village of,              360075  June 23, 1972,      ......do..............   Do.
     Cattaraugus and Erie                      Emerg; June 1,
     Counties.                                 1977, Reg; June
                                               7, 2019, Susp.
    Grand Island, Town of,            360242  September 6, 1974,  ......do..............   Do.
     Erie County.                              Emerg; January
                                               16, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Hamburg, Town of, Erie            360244  May 23, 1974,       ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Hamburg, Village of, Erie         360243  February 17, 1977,  ......do..............   Do.
     County.                                   Emerg; January
                                               20, 1982, Reg;
                                               June 7, 2019,
                                               Susp.
    Holland, Town of, Erie            360245  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Lancaster, Town of, Erie          360249  May 16, 1974,       ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1981, Reg;
                                               June 7, 2019,
                                               Susp.
    Lancaster, Village of,            360248  May 19, 1975,       ......do..............   Do.
     Erie County.                              Emerg; July 2,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Marilla, Town of, Erie            360250  July 18, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               June 7, 2019,
                                               Susp.
    Newstead, Town of, Erie           360251  July 18, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Orchard Park, Town of,            360255  August 1, 1975,     ......do..............   Do.
     Erie County.                              Emerg; March 16,
                                               1983, Reg; June
                                               7, 2019, Susp.
    Orchard Park, Village of,         360254  July 3, 1975,       ......do..............   Do.
     Erie County.                              Emerg; September
                                               2, 1981, Reg;
                                               June 7, 2019,
                                               Susp.
    Tonawanda, City of, Erie          360259  August 21, 1974,    ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Tonawanda, Town of, Erie          360260  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; August 17,
                                               1981, Reg; June
                                               7, 2019, Susp.
    Wales, Town of, Erie              360261  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               7, 2019, Susp.
    West Seneca, Town of, Erie        360262  March 31, 1972,     ......do..............   Do.
     County.                                   Emerg; February
                                               2, 1977, Reg;
                                               June 7, 2019,
                                               Susp.
    Williamsville, Village of,        360263  July 12, 1974,      ......do..............   Do.
     Erie County.                              Emerg; March 1,
                                               1982, Reg; June
                                               7, 2019, Susp.
           Region IV
Georgia:
    Aragon, City of, Polk             130152  December 19, 1973,  June 7, 2019..........  June 7, 2019.
     County.                                   Emerg; September
                                               2, 1988, Reg;
                                               June 7, 2019,
                                               Susp.

    Canton, City of, Cherokee         130039  April 25, 1975,     ......do..............   Do.
     County.                                   Emerg; July 15,
                                               1988, Reg; June
                                               7, 2019, Susp.
    Cherokee County,                  130424  February 9, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 15,
                                               1988, Reg; June
                                               7, 2019, Susp.
    Columbia County,                  130059  October 2, 1975,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1980, Reg; June
                                               7, 2019, Susp.
    Cumming, City of, Forsyth         130236  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg; June
                                               7, 2019, Susp.
    Dallas, City of, Paulding         130372  December 5, 1996,   ......do..............   Do.
     County.                                   Emerg; November
                                               8, 1999, Reg;
                                               June 7, 2019,
                                               Susp.
    Grovetown, City of,               130265  June 1, 1976,       ......do..............   Do.
     Columbia County.                          Emerg; January
                                               28, 1977, Reg;
                                               June 7, 2019,
                                               Susp.
    Polk County,                      130256  October 7, 1974,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               16, 1988, Reg;
                                               June 7, 2019,
                                               Susp.
    Rockmart, City of, Polk           130154  July 3, 1975,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; June
                                               7, 2019, Susp.
    Woodstock, City of,               130264  January 20, 1976,   ......do..............   Do.
     Cherokee County.                          Emerg; July 15,
                                               1988, Reg; June
                                               7, 2019, Susp.
           Region VI
Arkansas:
    Jacksonville, City of,            050180  November 26, 1973,  ......do..............   Do.
     Pulaski County.                           Emerg; September
                                               29, 1978, Reg;
                                               June 7, 2019,
                                               Susp.
    Little Rock, City of,             050181  March 16, 1973,     ......do..............   Do.
     Pulaski County.                           Emerg; March 4,
                                               1980, Reg; June
                                               7, 2019, Susp.
Oklahoma:
    Enid, City of, Garfield           400062  November 2, 1973,   ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Kingfisher, City of,              400082  December 23, 1971,  ......do..............   Do.
     Kingfisher County.                        Emerg; September
                                               30, 1976, Reg;
                                               June 7, 2019,
                                               Susp.
    Kingfisher County,                400471  January 9, 1987,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               18, 1991, Reg;
                                               June 7, 2019,
                                               Susp.
    Piedmont, City of,                400027  February 4, 1985,   June 7, 2019..........  June 7, 2019.
     Canadian and Kingfisher                   Emerg; February
     Counties.                                 4, 1985, Reg;
                                               June 7, 2019,
                                               Susp.

           Region X
Idaho:
    Canyon County,                    160208  June 17, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               28, 1984, Reg;
                                               June 7, 2019,
                                               Susp.
    Middleton, City of, Canyon        160037  May 22, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Notus, City of, Canyon            160147  October 4, 1976,    ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1980, Reg; June
                                               7, 2019, Susp.
    Parma, City of, Canyon            160039  July 27, 1976,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Star, City of, Ada and            160236  N/A, Emerg;         ......do..............   Do.
     Canyon Counties.                          September 6,
                                               2002, Reg; June
                                               7, 2019, Susp.
Washington:
    Hoh Indian Tribe, Tribe           530329  April 25, 1997,     ......do..............   Do.
     of, Jefferson County.                     Emerg; N/A, Reg;
                                               June 7, 2019,
                                               Susp.
    Jefferson County,                 530069  April 2, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 19,
                                               1982, Reg; June
                                               7, 2019, Susp.
    Port Townsend, City of,           530070  June 11, 1975,      June 7, 2019..........  June 7, 2019.
     Jefferson County.                         Emerg; March 15,
                                               1982, Reg; June
                                               7, 2019, Susp.
----------------------------------------------------------------------------------------------------------------
* ......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: May 17, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-11166 Filed 5-28-19; 8:45 am]
 BILLING CODE 9110-12-P


Reader’s Guide Fenoxycarb

CRM: Katie Hall

EPA/OPPTS/OPP/SRRD

Reader’s Guide to Fenoxycarb Docket # EPA-HQ-2006-0111

Publication Date: August 1, 2007

EPA has created this document to provide an organizational structure to
the fenoxycarb docket. The docket index lists the caption entries
sequentially, while this document lists them by subject matter. The
Agency is providing the “Readers Guide” to allow the reader to more
easily access and navigate the various entries contained in the
fenoxycarb.

Federal Register and Docket Organizational Documents:

Docket Entry 1. Federal Register Notice:  Fenoxycarb Reregistration
Review

Docket Entry 2.  Reader’s Guide to Fenoxycarb Docket #
EPA-HQ-OPP-2006-0111

Docket Entry 3.  Fenoxycarb Summary Document Registration Review:
Initial Docket August 1, 2007

Docket Entry 4.  Usage Report in Support of Registration Review for the
Insecticide Fenoxycarb

Docket Entry 5.   Ecological Incident Statement for Fenoxycarb
Ecological Risk Assessment Problem Formulation

Docket Entry 6.  Review of Fenoxycarb Human Health Incident Reports

Docket Entry 7.  Fenoxycarb:  Addendum to the June 6, 2007 HED
Registration Review Problem Formulation Document


MEMORANDUM
SUBJECT: Environmental Protection Agency (EPA) visit to Great River Energy (GRE) Coal Creek Station (CCS)
FROM: Aaron Worstell, EPA Region 8, Air Quality Planning Unit
TO:  Docket EPA-R08-OAR-2017-0486 for North Dakota regional haze SIP/FIP revision
DATE: October 2, 2017
The EPA visited GRE's CCS power plant on September 27, 2017 for a site tour. The EPA staff (Jaslyn Dobrahner, and Aaron Worstell) were accompanied by staff from the North Dakota Department of Health (NDDH).
Pre-tour Meeting
Prior to commencing the tour, EPA and NDDH staff met with Great River Energy representatives in a meeting room at about 9:00 am. The EPA stated that the purpose of the visit was to learn more about the operation of CCS as EPA begins review of North Dakota's January 2013 supplemental SIP.  EPA stated that, in particular, the purpose of the visit was to learn about existing NOx controls, and recent reductions in NOx emission at CCS.
GRE explained that while additional combustion controls (referred to as LNC3+, or low-NOx burners with close-couple overfire air and separated overfire air with larger registers) were installed on Unit 2 in 2007, Unit 1 is currently only equipped with LNC3.  GRE stated that, as there currently is not a BART requirement for either unit, they are awaiting EPA action on North Dakota's 2013 supplemental SIP before investing in any additional NOx controls.
EPA inquired about the reason for a reduction in NOx emissions at both of the CCS units since about the beginning of 2017.  GRE explained that the reduction was due to a change in coal quality, and to a lesser degree, MATS controls.  In particular, GRE noted that higher sodium content in the lignite coal mined at the adjacent Falkirk mine had led to a buildup of deposits on the boiler tubes that had in turn led to lower NOx emissions.  However, GRE noted that the characteristics of the coal may not remain the same in the future and that, therefore, the recent lower NOx emission levels may not be sustainable.
GRE emphasized the importance of their fly ash business, and of the environmental benefits of not landfilling the fly ash.  GRE also emphasized their continued commitment to environmental stewardship.
Plant Tour
After donning personal protective equipment, EPA, NDDH, and GRE staff visited the following locations in the plant:  coal preparation (including DryFining), coal-firing, overfire air ports, ash handling, electrostatic precipitator, and turbine floor.
The visit concluded at about 11:30 am at the office building.