[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Rules and Regulations]
[Pages 45262-45268]
[FR Doc No: 2012-18668]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2012-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    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 final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

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                                                                                * Elevation in
                                                                                feet (NGVD) +
                                                                                Elevation in feet
                                                                                (NAVD)
             State                City/town/county      Source of             Location           Depth in feet
                                                         flooding                                 above ground
                                                                                [caret] Elevation
                                                                                in  meters (MSL)
                                                                                Modified
----------------------------------------------------------------------------------------------------------------
                                Unincorporated Areas of Solano County, California
                                             Docket No.: FEMA-B-1200
----------------------------------------------------------------------------------------------------------------
California.....................  Unincorporated     Sweany Creek.....  Approximately 375 feet                +64
                                  Areas of Solano                       upstream of the
                                  County.                               McCune Creek
                                                                        confluence.
                                                                       Approximately 930 feet               +149
                                                                        upstream of Timm Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

                                      Unincorporated Areas of Solano County
Maps are available for inspection at the Solano County Public Works Department, 675 Texas Street, Suite 5500,
 Fairfield, CA 94533.
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                                       City of Colonial Heights, Virginia
                                             Docket No.: FEMA-B-1198
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Virginia.......................  City of Colonial   Old Town Creek...  Approximately 0.63                    +11
                                  Heights.                              mile downstream of
                                                                        Conduit Road.
                                                                       Approximately 0.48                    +68
                                                                        mile upstream of the
                                                                        railroad.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Colonial Heights
Maps are available for inspection at 202 James Avenue, Colonial Heights, VA 23834.

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                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                 Grundy County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1104
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Claypool Ditch.........................  Approximately at Carbon                 +546  Village of Carbon Hill.
                                          Hill Road.
                                         Approximately 0.38 mile                 +546
                                          upstream of Carbon Hill
                                          Road.
Des Plaines River......................  Approximately 1.75 miles                +510  Unincorporated Areas of
                                          upstream of the upstream                      Grundy County, Village
                                          side of the Dresden                           of Channahon.
                                          Island Lock and Dam.
                                         Approximately 0.1 mile                  +510
                                          upstream of Will Road
                                          extended.
East Fork Mazon River..................  Approximately 1,275 feet                +581  Village of East Brooklyn.
                                          downstream of Rice
                                          Street.
                                         Approximately at Rice                   +582
                                          Street.
Gooseberry Creek.......................  Approximately 750 feet                  +612  Unincorporated Areas of
                                          upstream of Old Mazon                         Grundy County, Village
                                          Road.                                         of Dwight.
                                         Approximately 425 feet                  +620
                                          upstream of U.S. Route
                                          66.
Illinois River.........................  Approximately 0.4 mile                  +497  City of Morris,
                                          downstream of the                             Unincorporated Areas of
                                          railroad.                                     Grundy County, Village
                                                                                of Channahon, Village of
                                                                                Seneca.
                                         Just downstream of the                  +507
                                          Dresden Island Lock and
                                          Dam.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Morris
Maps are available for inspection at City Hall, 700 North Division Street, Morris, IL 60450.

                                      Unincorporated Areas of Grundy County
Maps are available for inspection at the Grundy County Administration Building, 1320 Union Street, Morris, IL
 60450.

Village of Carbon Hill
Maps are available for inspection at the Village Hall, 695 North Holcomb Street, Carbon Hill, IL 60416.

Village of Channahon
Maps are available for inspection at the Village Hall, 24555 South Navajo Drive, Channahon, IL 60410.

Village of Dwight
Maps are available for inspection at the Dwight Public Services Complex, 209 South Prairie Avenue, Dwight, IL
 60420.

Village of East Brooklyn
Maps are available for inspection at the Village Hall, 170 Monroe Street, East Brooklyn, IL 60474.

Village of Seneca

Maps are available for inspection at the Village Hall, 340 North Cash, Seneca, IL 61360.
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                                 Warrick County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-7753
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Kelly Ditch............................  Approximately 900 feet                  +388  City of Boonville,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Cypress                       Warrick County.
                                          Creek.
                                         Approximately 1,650 feet                +398
                                          upstream of Baker Road.
Summer Pecka Ditch.....................  Approximately 2,500 feet                +383  Unincorporated Areas of
                                          downstream of Anderson                        Warrick County.
                                          Road.
                                         Approximately 3,900 feet                +395
                                          upstream of Martin Drive.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Boonville
Maps are available for inspection at 135 South Second Street, Boonville, IN 47601.
                                     Unincorporated Areas of Warrick County
Maps are available for inspection at the Warrick County Historic Courthouse, 107 West Locust Street, Room 201,
 Boonville, IN 47601.
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                                Lawrence County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1105
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Chapel Drain...........................  Approximately 50 feet                  +1335  Unincorporated Areas of
                                          upstream of Farm Road                         Lawrence County.
                                          1090.
                                         Approximately 0.71 mile                +1379
                                          upstream of Farm Road
                                          1090.
Clear Creek............................  Approximately 250 feet                 +1233  Unincorporated Areas of
                                          downstream of Farm Road                       Lawrence County.
                                          1050.
                                         Just upstream of the                   +1243
                                          Barry County boundary.
Kelly Creek Tributary..................  Approximately 0.45 mile                +1365  Unincorporated Areas of
                                          downstream of Farm Road                       Lawrence County.
                                          2230.
                                         Approximately 100 feet                 +1401
                                          upstream of Farm Road
                                          2230.
Tributary No. 1........................  Approximately 50 feet                  +1326  Unincorporated Areas of
                                          upstream of the Unnamed                       Lawrence County.
                                          Tributary confluence.
                                         Approximately 275 feet                 +1333
                                          upstream of State
                                          Highway 37.
Tributary 2............................  Just upstream of the                   +1357  Unincorporated Areas of
                                          Unnamed Tributary                             Lawrence County.
                                          confluence.
                                         Approximately 900 feet                 +1377
                                          upstream of State Route
                                          H.
Unnamed Tributary......................  Approximately 1,675 feet               +1277  Unincorporated Areas of
                                          downstream of the Barry                       Lawrence County.
                                          County boundary.
                                         Approximately 550 feet                 +1383
                                          upstream of Farm Road
                                          2230.
Unnamed Tributary Number 1.............  Approximately 200 feet                 +1372  City of Aurora.
                                          downstream of Washington
                                          Avenue.
                                         Approximately 525 feet                 +1406
                                          upstream of Union Street.
Unnamed Tributary Number 2.............  Approximately 600 feet                 +1359  City of Aurora.
                                          upstream of South Street.
                                         Approximately 100 feet                 +1402
                                          upstream of Prospect
                                          Street.
Unnamed Tributary Number 3.............  Approximately 250 feet                 +1376  City of Aurora.
                                          upstream of the Unnamed
                                          Tributary Number 2
                                          confluence.
                                         At Tyler Drive...........              +1390
Unnamed Tributary Number 4.............  Approximately 215 feet                 +1361  City of Aurora.
                                          upstream of Saint Louis
                                          Street.
                                         Approximately 650 feet                 +1381
                                          upstream of Lincoln
                                          Avenue.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Aurora
Maps are available for inspection at City Hall, 2 West Pleasant Street, Aurora, MO 65605.
                                     Unincorporated Areas of Lawrence County
Maps are available for inspection at the Lawrence County Courthouse, 1 East Courthouse Square, Mt. Vernon, MO
 65712.

                                Madison County, Missouri, and Incorporated Areas
                                     Docket No.: FEMA-B-1142 and FEMA-B-1170
----------------------------------------------------------------------------------------------------------------
Little Saint Francis River.............  Approximately 675 feet                  +689  City of Fredericktown,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          67.                                           Madison County.
                                         Approximately 1.3 miles                 +743
                                          downstream of County
                                          Road 220.
Little Saint Francis River Tributary 1.  At the confluence with                  +700  City of Fredericktown,
                                          the Little Saint Francis                      Unincorporated Areas of
                                          River.                                        Madison County.
                                         Just downstream of County               +769
                                          Road 218.
Mill Creek (backwater effects from       From the confluence with                +690  Unincorporated Areas of
 Little Saint Francis River).             the Little Saint Francis                      Madison County.
                                          River to approximately
                                          665 feet downstream of
                                          County Road 500.
Saline Creek...........................  At the confluence with                  +703  Unincorporated Areas of
                                          the Little Saint Francis                      Madison County.
                                          River.
                                         Approximately 550 feet                  +736
                                          downstream of the
                                          confluence with Goose
                                          Creek.
Spiva Creek (backwater effects from      From the confluence with                +692  Unincorporated Areas of
 Little Saint Francis River).             the Little Saint Francis                      Madison County.
                                          River to just upstream
                                          of County Road 201.
Tollar Branch..........................  At the confluence with                  +713  City of Fredericktown,
                                          Saline Creek.                                 Unincorporated Areas of
                                                                                Madison County, Village
                                                                                of Cobalt.
                                         Approximately 1,310 feet                +788
                                          upstream of Mine LaMotte
                                          Street.
Village Creek..........................  At the confluence with                  +704  City of Fredericktown,
                                          the Little Saint Francis                      City of Junction City,
                                          River.                                        Unincorporated Areas of
                                                                                Madison County.
                                         Approximately 550 feet                  +710
                                          upstream of Catherine
                                          Mine Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Fredericktown
Maps are available for inspection at City Hall, 124 West Main Street, Fredericktown, MO 63645.

City of Junction City
Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO
 63645.

                                     Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO
 63645.

Village of Cobalt
Maps are available for inspection at the Madison County Courthouse, 1 Courthouse Square, Fredericktown, MO
 63645.
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                                Dauphin County, Pennsylvania (All Jurisdictions)
                                     Docket No.: FEMA-B-1100 and FEMA-B-1193
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Beaver Creek (Upper Reach).............  Approximately 1,540 feet                +381  Township of Lower Paxton.
                                          below Devonshire Heights
                                          Road.
                                         Approximately 160 feet                  +432
                                          above the confluence
                                          with Beaver Creek
                                          Tributary A.
Mahantango Creek.......................  Approximately 1.88 miles                +434  Township of Mifflin.
                                          upstream of Malta Road.
                                         Approximately 0.38 mile                 +470
                                          downstream of Market
                                          Street.
Paxton Creek...........................  Approximately 2,285 feet                +321  City of Harrisburg.
                                          above the confluence
                                          with Paxton Tributary.
                                         Approximately 4,000 feet                +325
                                          above confluence with
                                          the centerline of the
                                          Susquehanna River.
Rattling Creek.........................  Approximately 185 feet                  +762  Township of Jackson.
                                          upstream of Glen Park
                                          Road.
                                         Approximately 630 feet                  +768
                                          upstream of Glen Park
                                          Road.
Susquehanna River......................  At Whitehouse Lane (295                 +304  Borough of Steelton.
                                          feet northeast of Cherry
                                          Avenue).
                                         Approximately 840 feet                  +313
                                          northwest of the
                                          intersection of Franklin
                                          Street and the railroad.

Swatara Creek..........................  Approximately 2,100 feet                +348  Township of East Hanover.
                                          downstream of the
                                          confluence with Bow
                                          Creek.
                                         At the Lebanon County                   +359
                                          boundary.
Wiconisco Creek (Upper Reach)..........  Approximately 1.26 miles                +603  Township of Washington.
                                          downstream of the
                                          Rattling Creek
                                          confluence.
                                         Approximately 1.11 miles                +606
                                          downstream of the
                                          Rattling Creek
                                          confluence.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

Borough of Steelton
Maps are available for inspection at the Borough Hall, 123 North Front Street, Steelton, PA 17113.

City of Harrisburg
Maps are available for inspection at the City Government Center, 10 North 2nd Street, Harrisburg, PA 17101.

Township of East Hanover
Maps are available for inspection at the East Hanover Township Municipal Building, 8848 Jonestown Road,
 Grantville, PA 17028.

Township of Jackson
Maps are available for inspection at the Jackson Township Building, 450 Bastion Road, Halifax, PA 17032.

Township of Lower Paxton
Maps are available for inspection at the Lower Paxton Township Municipal Building, 425 Prince Street,
 Harrisburg, PA 17109.

Township of Mifflin
Maps are available for inspection at the Mifflin Township Building, 3843 Shippen Dam Road, Millersburg, PA
 17061.

Township of Washington
Maps are available for inspection at the Washington Township Municipal Building, 185 Manors Road,
 Elizabethville, PA 17023.
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                                Wyoming County, Pennsylvania (All Jurisdictions)
                                             Docket No.: FEMA-B-1185
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Bowman Creek...........................  Approximately 250 feet                  +605  Township of Eaton,
                                          upstream of Keelersburg                       Township of Monroe.
                                          Road.
                                         Approximately 1.02 miles                +931
                                          upstream of the most
                                          upstream crossing of
                                          State Route 29 (Joseph
                                          W. Hunter Highway).
Buttermilk Creek.......................  Approximately 1.1 miles                 +784  Township of Falls.
                                          downstream of State
                                          Route 2027.
                                         Approximately 460 feet                  +961
                                          upstream of Oak Drive.
South Branch Tunkhannock Creek.........  Approximately 0.4 mile                  +713  Borough of Factoryville,
                                          downstream of State                           Township of Clinton.
                                          Route 2012.
                                         Approximately 0.6 mile                  +838
                                          upstream of Church
                                          Street.
Susquehanna River......................  Approximately 1.0 mile                  +585  Township of North
                                          upstream of the Falls/                        Moreland.
                                          Exeter State Route 92
                                          crossing.
                                         Approximately 2.5 miles                 +589
                                          upstream of the Falls/
                                          Exeter State Route 92
                                          crossing.
Swale Brook............................  At the downstream side of               +609  Borough of Tunkhannock,
                                          the railroad bridge.                          Township of Tunkhannock.
                                         Approximately 0.7 mile                  +655
                                          upstream of Bridge
                                          Street.
Tributary No. 1 to Swale Brook.........  At the Swale Brook                      +617  Borough of Tunkhannock.
                                          confluence.
                                         Approximately 75 feet                   +723
                                          upstream of North Bridge
                                          Street.
Tunkhannock Creek......................  Approximately 425 feet                  +609  Township of Tunkhannock.
                                          downstream of the second
                                          U.S. Route 6 crossing.
                                         Approximately 1.7 miles                 +643
                                          upstream of the most
                                          upstream U.S. Route 6
                                          crossing.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

Borough of Factoryville
Maps are available for inspection at the Borough Municipal Building, 161 College Avenue, Factoryville, PA 18419.

Borough of Tunkhannock
Maps are available for inspection at the Tunkhannock Borough Municipal Building, 126 Warren Street, Tunkhannock,
 PA 18657.

Township of Clinton

Maps are available for inspection at the Clinton Township Municipal Building, 256 Creek Road, Factoryville, PA
 18419.

Township of Eaton
Maps are available for inspection at the Eaton Township Municipal Building, 1331 State Route 29 South,
 Tunkhannock, PA 18657.

Township of Falls
Maps are available for inspection at the Township Municipal Building, 220 Buttermilk Road, Falls, PA 18615.

Township of Monroe
Maps are available for inspection at the Monroe Township Municipal Building, 2605 State Route 29 South, Monroe,
 PA 18657.

Township of North Moreland
Maps are available for inspection at the North Moreland Township Municipal Building, 15 Municipal Lane, Dallas,
 PA 18612.

Township of Tunkhannock
Maps are available for inspection at the Tunkhannock Township Municipal Building, 113 Tunkhannock Township
 Drive, Tunkhannock, PA 18657.
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                                Palo Pinto County, Texas, and Incorporated Areas
                                     Docket No.: FEMA-B-1147 and FEMA-B-1216
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Brazos River...........................  Approximately 7.89 miles                +768  Unincorporated Areas of
                                          downstream of the                             Palo Pinto County.
                                          confluence with Palo
                                          Pinto Creek.
                                         Approximately 5.43 miles                +773
                                          downstream of the
                                          confluence with Palo
                                          Pinto Creek.
Crystal Creek..........................  Just upstream of 16th                   +915  City of Mineral Wells.
                                          Street.
                                         Just upstream of 2nd                    +960
                                          Street.
Pollard Creek..........................  Approximately 387 feet                  +836  Unincorporated Areas of
                                          upstream of Ferguson                          Palo Pinto County.
                                          Road.
                                         Approximately 118 feet                  +921
                                          downstream of Pollard
                                          Park Road.
Pollard Creek Tributary No. 1..........  Just upstream of                        +844  Unincorporated Areas of
                                          Southwest 22nd Street.                        Palo Pinto County.
                                         Just downstream of                      +861
                                          Southwest 10th Street.
Pollard Creek Tributary No. 2..........  Approximately 140 feet                  +879  Unincorporated Areas of
                                          downstream of 2nd Street.                     Palo Pinto County.
                                         Approximately 1,250 feet                +882
                                          upstream of 2nd Street.
Pollard Creek Tributary No. 5..........  Approximately 850 feet                 +1032  Unincorporated Areas of
                                          upstream of Northeast                         Palo Pinto County.
                                          23rd Street.
                                         Just upstream of                       +1049
                                          Northeast 23rd Street.
Rock Creek.............................  Just upstream of FM 1195.               +846  Unincorporated Areas of
                                                                                Palo Pinto County.
                                         Approximately 0.82 mile                 +857
                                          upstream of FM 1195.
Rock Creek Tributary No. 1.............  Approximately 425 feet                  +972  Unincorporated Areas of
                                          upstream of Northeast                         Palo Pinto County.
                                          23rd Street.
                                         Approximately 600 feet                  +972
                                          upstream of Northeast
                                          23rd Street.
Rock Creek Tributary No. 2.............  At the upstream side of                 +846  Unincorporated Areas of
                                          FM 1195.                                      Palo Pinto County.
                                         Approximately 0.64 mile                 +858
                                          downstream of Garrett
                                          Morris Parkway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Mineral Wells
Maps are available for inspection at City Hall, 115 Southwest 1st Street, Mineral Wells, TX 76068.

                                    Unincorporated Areas of Palo Pinto County
Maps are available for inspection at the Palo Pinto County Courthouse, 520 Oak Street, Palo Pinto, TX 76484.
----------------------------------------------------------------------------------------------------------------
                               Wirt County, West Virginia, and Incorporated Areas
                                             Docket No.: FEMA-B-1188
----------------------------------------------------------------------------------------------------------------
Daley Run..............................  Approximately 1,400 feet                +610  Unincorporated Areas of
                                          downstream of County                          Wirt County.
                                          Route 14/1.
                                         Approximately 500 feet                  +610
                                          downstream of County
                                          Route 14/1.
Little Kanawha River...................  Approximately 1.8 miles                 +610  Unincorporated Areas of
                                          downstream of the Hughes                      Wirt County.
                                          River confluence.
                                         Approximately 4.2 miles                 +610
                                          downstream of the Hughes
                                          River confluence.

Little Kanawha River...................  Approximately 1.4 miles                 +623  Unincorporated Areas of
                                          downstream of State                           Wirt County.
                                          Route 5.
                                         Approximately 650 feet                  +625
                                          downstream of State
                                          Route 5.
Tucker Creek...........................  At the Little Kanawha                   +623  Unincorporated Areas of
                                          River confluence.                             Wirt County.
                                         Approximately 1.1 miles                 +623
                                          upstream of the Little
                                          Kanawha River confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

                                       Unincorporated Areas of Wirt County
Maps are available for inspection at the Wirt County Courthouse, Corner Court of Washington Street, Elizabeth,
 WV 26143.
----------------------------------------------------------------------------------------------------------------

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

    Dated: July 19, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-18668 Filed 7-30-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Notices]
[Pages 68533-68536]
[FR Doc No: 2022-24759]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96257; File No. SR-NYSEAMER-2022-50]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Extending
the Expiration Date of the Temporary Amendments to Rules 9261 and 9830

November 8, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on October 28, 2022, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes extending the expiration date of the
temporary amendments to Rules 9261 and 9830 as set forth in SR-
NYSEAMER-2020-69 from October 31, 2022 to January 31, 2023, in
conformity with recent changes by the Financial Industry Regulatory
Authority, Inc. (``FINRA''). The proposed rule change would not make
any changes to the text of NYSE American Rules 9261 and 9830. The
proposed rule change is available on the Exchange's website at
www.nyse.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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes extending the expiration date of the
temporary amendments as set forth in SR-NYSEAMER-2020-69 \4\ to Rules
9261 (Evidence and Procedure in Hearing) and 9830 (Hearing) from
October 31, 2022 to January 31, 2023, to harmonize with recent changes
by FINRA to extend the expiration date of the temporary amendments to
its Rules 9261 and 9830. SR-NYSEAMER-2020-69 temporarily granted to the
Chief or Deputy Chief Hearing Officer the authority to order that
hearings be conducted by video conference if warranted by the current
COVID-19 public health risks posed by in-person hearings. The proposed
rule change would not make any changes to the text of Exchange Rules
9261 and 9830.\5\
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    \4\ See Securities Exchange Act Release No. 90085 (October 2,
2020), 85 FR 63603 (October 8, 2020) (SR-NYSEAMER-2020-69) (``SR-
NYSEAMER-2020-69'').
    \5\ The Exchange may submit a separate rule filing to extend the
expiration date of the proposed extension beyond January 31, 2023 if
the Exchange requires additional temporary relief from the rule
requirements identified in SR-NYSEAMER-2020-69. The amended NYSE
American rules will revert back to their original state at the
conclusion of the temporary relief period and any extension thereof.
---------------------------------------------------------------------------

Background
    In 2016, NYSE American (then known as NYSE MKT LLC) adopted
disciplinary rules that are, with certain exceptions, substantially the
same as the Rule 8000 Series and Rule 9000 Series of FINRA and its
affiliate the New York Stock Exchange LLC (``NYSE''), and which set
forth rules for conducting investigations and enforcement actions.\6\
The NYSE American disciplinary rules were implemented on April 15,
2016.\7\
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    \6\ See Securities Exchange Act Release Nos. 77241 (February 26,
2016), 81 FR 11311 (March 3, 2016) (SR-NYSEMKT-2016-30) (``2016
Notice'').
    \7\ See NYSE MKT Information Memorandum 16-02 (March 14, 2016).
---------------------------------------------------------------------------

    In adopting disciplinary rules modeled on FINRA's rules, NYSE
American adopted the hearing and evidentiary processes set forth in
Rule 9261 and in Rule 9830 for hearings in matters involving temporary
and permanent cease and desist orders under the Rule 9800 Series. As
adopted, the text of Rule 9261 and Rule 9830 are substantially the same
as the FINRA rules with certain modifications.\8\
---------------------------------------------------------------------------

    \8\ See 2016 Notice, 81 FR at 11327 & 11332.
---------------------------------------------------------------------------

    In response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities, on August 31,
2020, FINRA filed with the Commission a proposed rule change for
immediate effectiveness, SR-FINRA-2020-027, which allowed FINRA's
Office of Hearing Officers (``OHO'') to conduct hearings, on a
temporary basis, by video conference, if warranted by the current
COVID-19-related public health risks posed by an in-person hearing.
Among the rules FINRA amended were Rules 9261 and 9830.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 89737 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027) (``SR-
FINRA-2020-027'').
---------------------------------------------------------------------------

    Given that FINRA and OHO administers disciplinary hearings on the
Exchange's behalf, and that the public health concerns addressed by
FINRA's

amendments apply equally to Exchange disciplinary hearings, on
September 15, 2020, the Exchange filed to temporarily amend Rule 9261
and Rule 9830 to permit FINRA to conduct virtual hearings on its
behalf.\10\ In December 2020, FINRA filed a proposed rule change, SR-
FINRA-2020-042, to extend the expiration date of the temporary
amendments in SR-FINRA-2020-027 from December 31, 2020, to April 30,
2021.\11\ On December 22, 2020, the Exchange similarly filed to extend
the temporary amendments to Rule 9261 and Rule 9830 to April 30,
2021.\12\ On April 1, 2021, FINRA filed a proposed rule change, SR-
FINRA-2021-006, to extend the expiration date of the temporary rule
amendments to, among other rules, FINRA Rule 9261 and 9830 from April
30, 2021, to August 31, 2021.\13\ On April 20, 2021, the Exchange filed
to extend the temporary amendments to Rule 9261 and Rule 9830 to August
31, 2021.\14\ On August 13, 2021, FINRA filed a proposed rule change,
SR-FINRA-2021-019, to extend the expiration date of the temporary
amendments to, among other rules, FINRA Rule 9261 and 9830 from August
31, 2021, to December 31, 2021.\15\ On August 27, 2021, the Exchange
filed to extend the temporary amendments to Rule 9261 and Rule 9830 to
December 31, 2021.\16\ On December 7, 2021, FINRA filed a proposed rule
change, SR-FINRA-2021-031, to extend the expiration date of the
temporary amendments in both SR-FINRA-2020-015 and SR-FINRA-2020-027
from December 31, 2021, to March 31, 2022.\17\ On December 27, 2021,
the Exchange filed to extend the temporary amendments to Rule 9261 and
Rule 9830 to March 31, 2022, after which the temporary amendments will
expire absent another proposed rule change filing by the Exchange.\18\
On March 7, 2022, FINRA filed to extend the expiration date of the
temporary rule amendments to, among other rules, FINRA Rule 9261 and
9830 from March 31, 2022, to July 31, 2022.\19\ On March 30, 2022, the
Exchange filed to extend the temporary amendments to Rule 9261 and Rule
9830 to July 31, 2022.\20\ On July 8, 2022, FINRA filed to extend the
expiration date of the temporary rule amendments to, among other rules,
FINRA Rule 9261 and 9830 from July 31, 2022 to October 31, 2022.\21\ On
July 29, 2022, the Exchange filed to extend the temporary amendments to
Rule 9261 and Rule 9830 to October 31, 2022, after which the temporary
amendments will expire absent another proposed rule change filing by
the Exchange.\22\
---------------------------------------------------------------------------

    \10\ See note 4, supra.
    \11\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042).
    \12\ See Securities Exchange Act Release No. 90823 (December 30,
2020), 86 FR 650 (January 6, 2021) (SR-NYSEAMER-2020-88).
    \13\ See Securities Exchange Act Release No. 91495 (April 7,
2021), 86 FR 19306 (April 13, 2021) (SR-FINRA-2021-006).
    \14\ See Securities Exchange Act Release No. 91631 (April 22,
2021), 86 FR 22471 (April 28, 2021) (SR-NYSEAMER-2021-23).
    \15\ See Securities Exchange Act Release No. 92685 (August 17,
2021), 86 FR 47169 (August 23, 2021) (SR-FINRA-2021-019).
    \16\ See Securities Exchange Act Release No. 92910 (September 9,
2021), 86 FR 51418 (September 15, 2021) (SR-NYSEAMER-2021-37).
    \17\ See Securities Exchange Act Release No. 93758 (December 13,
2021), 86 FR 71695 (December 17, 2021) (SR-FINRA-2021-31).
    \18\ See Securities Exchange Act Release No. 93917 (January 6,
2022), 87 FR 1825 (January 12, 2022) (SR-NYSEAMER-2021-49).
    \19\ See Securities Exchange Act Release No. 94430 (March 16,
2022), 87 FR 16262 (March 22, 2022) (SR-FINRA-2022-004).
    \20\ See Securities Exchange Act Release No. 94665 (April 11,
2022), 87 FR 22594 (April 15, 2022) (SR-NYSEAMER-2022-16).
    \21\ See Securities Exchange Act Release No. 95281 (July 14,
2022), 87 FR 43335 (July 20, 2022) (SR-FINRA-2022-018).
    \22\ See Securities Exchange Act Release No. 95475 (August 11,
2022), 87 FR 50673 (August 17, 2022) (SR-NYSEArca-2022-44).
---------------------------------------------------------------------------

    According to FINRA, although there has been a downward trend in the
number of COVID-19 cases since July 2022--when FINRA last filed to
extend the temporary relief, COVID-19 still remains a public health
concern.\23\ For example, according to the Centers for Disease Control
and Prevention (``CDC''), the 7-day moving average of new deaths from
COVID-19 in the United States during September 2022 ranged from
approximately 300 to 500 deaths per day,\24\ and approximately 23
percent of counties in the United States have a medium or high COVID-19
Community Level based on the CDC's most recent calculations.\25\ Much
uncertainty also remains as to whether there will be a significant
increase in the number of cases of COVID-19 in the future given the
emergence of new Omicron variants that the CDC currently is tracking
\26\ and the dissimilar vaccination rates (completed primary series and
a first booster dose) throughout the United States.\27\ Due to the
continued presence and uncertainty of COVID-19, FINRA believes that
there is a continued need for temporary relief beyond October 31,
2022.\28\ On October 17, 2022, FINRA accordingly filed to extend the
expiration date of the temporary rule amendments to, among other rules,
FINRA Rule 9261 and 9830 from October 31, 2022 to January 31, 2023.\29\
---------------------------------------------------------------------------

    \23\ See Securities Exchange Act Release No. 96107 (October 19,
2022), 87 FR 64526 (October 25, 2022) (SR-FINRA-2022-029) (``SR-
FINRA-2022-029'').
    \24\ See CDC, COVID Data Tracker--Trends in Number of COVID-19
Cases and Deaths in the US Reported to CDC, by State/Territory,
https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths_select_00 (last visited Oct. 11, 2022).
    \25\ See CDC, COVID Data Tracker--COVID-19 Integrated County
View, https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=all_states&list_select_county=all_counties&data-type=CommunityLevels&null=CommunityLevels (last visited Oct. 11,
2022).
    \26\ These new Omicron variants include BA.4.6, BF.7, and
BA.2.75. See CDC, COVID Data Tracker--Variant Proportions, https://covid.cdc.gov/covid-data-tracker/#variant-proportions (last visited
Oct. 11, 2022).
    \27\ A state-by-state comparison of vaccination rates is
available at https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-additional-dose-totalpop.
    \28\ See SR-FINRA-2022-029, 87 FR at 64526-28.
    \29\ See generally SR-FINRA-2022-029.
---------------------------------------------------------------------------

Proposed Rule Change
    Consistent with FINRA's recent proposal, the Exchange proposes to
extend the expiration date of the temporary rule amendments to NYSE
American Rules 9261 and 9830 as set forth in SR-NYSEAMER-2020-69 from
October 31, 2022 to January 31, 2023.
    As set forth in SR-FINRA-2022-029, although there has been a
downward trend in the number of COVID-19 cases since July 2022--when
FINRA last filed to extend the temporary relief, that COVID-19 still
remains a public health concern. For example, according to the Centers
for Disease Control and Prevention (``CDC''), the 7-day moving average
of new deaths from COVID-19 in the United States during September 2022
ranged from approximately 300 to 500 deaths per day,\30\ and
approximately 23 percent of counties in the United States have a medium
or high COVID-19 Community Level based on the CDC's most recent
calculations.\31\ Much uncertainty also remains as to whether there
will be a significant increase in the number of cases of COVID-19 in
the future given the emergence of new Omicron variants that the CDC
currently is tracking \32\ and the dissimilar vaccination rates
(completed primary series and a first booster dose) throughout the
United States.\33\ Due to

the continued presence and uncertainty of COVID-19, FINRA believes that
there is a continued need for temporary relief beyond October 31,
2022.\34\ FINRA accordingly proposed to extend the expiration date of
the temporary rule amendments from October 31, 2022 to January 31,
2023.
---------------------------------------------------------------------------

    \30\ See supra note 24 (CDC, COVID Data Tracker--Trends in
Number of COVID-19 Cases and Deaths in the US Reported to CDC, by
State/Territory).
    \31\ See supra note 25 (CDC, COVID Data Tracker--COVID-19
Integrated County View).
    \32\ See supra note 26 (regarding the new Omicron variants
include BA.4.6, BF.7, and BA.2.75 described in CDC, COVID Data
Tracker--Variant Proportions).
    \33\ See supra note 27 (regarding state-by-state comparison of
COVID-19 vaccination rates).
    \34\ See SR-FINRA-2022-029, 87 FR at 64526-28.
---------------------------------------------------------------------------

    The Exchange proposes to similarly extend the expiration date of
the temporary rule amendments to NYSE American Rules 9261 and 9830 as
set forth in SR-NYSEAMER-2020-69 from October 31, 2022 to January 31,
2023. The Exchange agrees with FINRA that, although there has been a
downward trend in the number of COVID-19 cases since July 2022--when
FINRA last filed to extend the temporary relief, that COVID-19 still
remains a public health concern. The Exchange also agrees that, due to
the continued presence and uncertainty of COVID-19, for the reasons set
forth in SR-FINRA-2022-029, there is a continued need for this
temporary relief beyond October 31, 2022. The proposed change would
permit OHO to continue to assess, based on critical COVID-19 data and
criteria and the guidance of health and security consultants, whether
an in-person hearing would compromise the health and safety of the
hearing participants such that the hearing should proceed by video
conference. As noted in SR-FINRA-2022-029, in deciding whether to
schedule a hearing by video conference, OHO may consider a variety of
other factors in addition to COVID-19 trends. Similarly, as noted in
SR-FINRA-2022-029, in SR-FINRA-2020-027, FINRA provided a non-
exhaustive list of other factors OHO may take into consideration,
including a hearing participant's individual health concerns and access
to the connectivity and technology necessary to participate in a video
conference hearing.\35\ The Exchange believes that this is a reasonable
procedure to continue to follow for hearings under Rules 9261 and 9830
chaired by a FINRA employee.
---------------------------------------------------------------------------

    \35\ See SR-FINRA-2022-029, 87 FR at 64527, n. 15.
---------------------------------------------------------------------------

    As noted below, the Exchange has filed the proposed rule change for
immediate effectiveness and has requested that the SEC waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing, so the Exchange can implement the
proposed rule change immediately.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\36\ in general, and furthers the objectives of Section
6(b)(5),\37\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with Sections 6(b)(7) and 6(d) of the Act.\38\
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b).
    \37\ 15 U.S.C. 78f(b)(5).
    \38\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change supports the
objectives of the Act by providing greater harmonization between
Exchange rules and FINRA rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and will
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
    The proposed rule change, which extends the expiration date of the
temporary amendments to Exchange rules consistent with FINRA's
extension to its Rules 9261 and 9830 as set forth in SR-FINRA-2022-029,
will permit the Exchange to continue to effectively conduct hearings
given the continued presence and uncertainty of COVID-19. Given that
COVID-19 remains a public health concern and the uncertainty around a
potential spike in cases of the disease, without this relief allowing
OHO to proceed by video conference, some or all hearings may have to be
postponed. The ability to conduct hearings by video conference will
permit the adjudicatory functions of the Exchange's disciplinary rules
to continue unabated, thereby avoiding protracted delays. The Exchange
believes that this is especially important in matters where temporary
and permanent cease and desist orders are sought because the proposed
rule change would enable those hearings to continue to proceed without
delay, thereby enabling the Exchange to continue to take immediate
action to stop significant, ongoing customer harm, to the benefit of
the investing public.
    As set forth in detail in the SR-NYSEAMER-2020-69, the temporary
relief to permit hearings to be conducted via video conference
maintains fair process and will continue to provide fair process
consistent with Sections 6(b)(7) and 6(d) of the Act \39\ while
striking an appropriate balance between providing fair process and
enabling the Exchange to fulfill its statutory obligations to protect
investors and maintain fair and orderly markets while avoiding the
COVID-19-related public health risks for hearing participants. The
Exchange notes that this proposal, like SR-NYSEAMER-2020-69, provides
only temporary relief. As proposed, the changes would be in place
through January 31, 2023. As noted in SR-NYSEAMER-2020-69 and above,
the amended rules will revert back to their original state at the
conclusion of the temporary relief period and, if applicable, any
extension thereof.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------

    Accordingly, the proposed rule change extending this temporary
relief is in the public interest and consistent with the Act's purpose.

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

    The Exchange does not believe that the proposed temporary rule
change will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is not intended to address competitive issues but is rather
intended solely to extend temporary relief necessitated by the
continued presence and uncertainty of COVID-19 and the related health
and safety risks of conducting in-person activities. The Exchange
believes that the proposed rule change will prevent unnecessary
impediments to critical adjudicatory processes and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on October 31, 2022.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \40\ and Rule 19b-4(f)(6) thereunder.\41\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \41\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \42\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\43\ 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 Exchange has
indicated that there is a continued need to extend the temporary relief
because the Exchange agrees with FINRA that the COVID-19 related health
concerns necessitating this relief will continue beyond by October 31,
2022.\44\ The Exchange also states that extending the temporary relief
provided in SR-NYSEAMER-2020-69 immediately upon filing and without a
30-day operative delay will allow the Exchange to continue critical
adjudicatory and review processes so that the Exchange may continue to
operate effectively and meet its critical investor protection goals,
while also protecting the health and safety of hearing
participants.\45\ The Commission also notes that this proposal extends
without change the temporary relief previously provided by SR-NYSEAMER-
2020-69.\46\ As proposed, the temporary changes would be in place
through January 31, 2023 and the amended rules will revert back to
their original state at the conclusion of the temporary relief period
and, if applicable, any extension thereof.\47\ For these reasons, the
Commission believes that waiver of the 30-day operative delay for this
proposal is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\48\
---------------------------------------------------------------------------

    \42\ 17 CFR 240.19b-4(f)(6).
    \43\ 17 CFR 240.19b-4(f)(6)(iii).
    \44\ See supra Item II; see also SR-FINRA-2022-029, 87 FR 64526,
at 64527.
    \45\ See 87 FR 64526, at 64528-29 (noting the same in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2022-029 would become operative immediately upon filing).
    \46\ See supra note 4.
    \47\ See supra note 5. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond January 31, 2023, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \48\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change'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) \49\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \49\ 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 protected]. Please include
File Number SR-NYSEAMER-2022-50 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-NYSEAMER-2022-50. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2022-50 and should be submitted
on or before December 6, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\50\
---------------------------------------------------------------------------

    \50\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24759 Filed 11-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Proposed Rules]
[Page 31390-31392]
[DOCID:fr02jn08-14]

========================================================================
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.

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 801

[Docket No. FDA-2008-N-0148]

Medical Devices; Hearing Aids; Technical Data Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule.

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

SUMMARY: The Food and Drug Administration (FDA) is proposing to amend
its regulations governing hearing aid labeling to reference the most
recent version of the consensus standard used to determine the
technical data to be included in labeling for hearing aids. We are
proposing to amend the regulations to require manufacturers to use
state-of-the-art methods to provide technical data in hearing aid
labeling. FDA is also proposing to amend the regulations to update an
address and remove an outdated requirement. This proposed rule is a
companion document to the direct final rule published elsewhere in this
issue of the Federal Register.

DATES: Submit written or electronic comments by August 18, 2008. The
Director of the Office of the Federal Register approves the
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51 of certain publications in Sec.  801.420(c)(4) (21 CFR
801.420(c)(4)) as of October 15, 2008.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2008-
N-0148, by any of the following methods:
Electronic Submissions
    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Written Submissions
    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions]: Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    To ensure more timely processing of comments, FDA is no longer
accepting comments submitted to the agency by e-mail. FDA encourages
you to continue to submit electronic comments by using the Federal
eRulemaking Portal or the agency Web site, as described previously, in
the ADDRESSES portion of this document under Electronic Submissions.
    Instructions: All submissions received must include the agency name
and Docket No. for this rulemaking. All comments received may be posted
without change to  http://www.regulations.gov, including any personal
information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to  http://www.regulations.gov and insert the
docket number(s), found in brackets in the heading of this document,
into the ``Search'' box and follow the prompts and/or go to the
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Eric A. Mann, Center for Devices and
Radiological Health (HFZ-460), Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Why Is This Proposed Rule Being Issued as a Companion Proposed Rule?

    This proposed rule is a companion to the direct final rule that is
published in the final rules section of this issue of the Federal
Register. The direct final rule amends the regulations governing
hearing aid labeling to reference the most recent version of the
consensus standard used to determine the technical data to be included
in labeling for hearing aids. We are amending this rule to require
manufacturers to use state-of-the-art methods to provide technical data
in hearing aid labeling. FDA also is amending the rule to update an
address and eliminate an outdated provision. The direct final rule and
this companion proposed rule are identical. We are publishing the
direct final rule because we believe the rule contains noncontroversial
changes and we anticipate that it will receive no significant adverse
comment. A detailed discussion of the rule is set forth in the preamble
of the direct final rule. If no significant adverse comment is received
in response to the direct final rule, no further action will be taken
related to this proposed rule. Instead, we will publish a confirmation
document within 30 days after the comment period ends confirming when
the direct final rule will go into effect.
    You can find additional information about FDA's direct final
rulemaking procedures in the guidance document entitled ``Guidance for
FDA and Industry: Direct Final Rule Procedures'' (62 FR 62466, November
21, 1977). This guidance document may be accessed at http://
www.fda.gov/opacom/morechoices/industry/guidance.htm.
    If we receive any significant adverse comment regarding the direct
final rule, we will withdraw the direct final rule within 30 days after
the comment period ends and proceed to respond to all of the comments
under this companion proposed rule using usual notice-and-comment
rulemaking procedures under the Administrative Procedure Act (APA) (5
U.S.C. 552a et seq.). The comment period for this companion proposed
rule runs concurrently with the direct final rule's comment period. Any
comments received under this companion proposed rule will also be
considered as comments regarding the direct final rule.
    A significant adverse comment is defined as a comment that explains
why the rule would be inappropriate, including challenges to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change. In determining whether an adverse comment is
significant and warrants terminating a direct final rulemaking, we will
consider whether the comment raises an issue serious enough to warrant
a substantive response in a notice-and-comment process in accordance
with section 553 of the APA (5 U.S.C. 553). Comments that are
frivolous, insubstantial, or outside the scope of the rule will not be
considered adverse

under this procedure. For example, a comment recommending an additional
change to the rule will not be considered a significant adverse
comment, unless the comment states why the rule would be ineffective
without the additional change. In addition, if a significant adverse
comment applies to part of a rule and that part can be severed from the
remainder of the rule, we may adopt as final those parts of the rule
that are not the subject of a significant adverse comment.

II. What Is the Background of the Rulemaking?

    In the Federal Register of February 15, 1977 (the 1977 final rule)
(42 FR 9286), FDA published a final rule establishing requirements for
professional and patient labeling of hearing aids and governing
conditions for sale of hearing aids (Sec.  801.420 and Sec.  801.421
(21 CFR 801.421)). The regulations became effective on August 15, 1977.
Section 801.421(b)(1) of the current regulations provides that, before
the sale of a hearing aid to a prospective user, a hearing aid
dispenser is to provide the prospective user with a copy of the User
Instructional Brochure. Current Sec.  801.420(c)(4) requires that
technical data useful in selecting, fitting, and checking the
performance of a hearing aid be provided in the brochure or in separate
labeling that accompanies the device. The 1977 final rule further
required that the technical data values provided in the brochure or
other labeling be determined according to the test procedures
established by the Acoustical Society of America (ASA) in the American
National Standard ``Specification of Hearing Aid Characteristics,''
ANSI S3.22-1976 (ASA 70-1976), which was incorporated by reference in
the regulation.
    ANSI S3.22 (ASA 70-1976) established measurement methods and
specifications for several important hearing aid characteristics. The
standard provided a method of ascertaining whether a hearing aid, after
being manufactured and shipped, met the specifications and design
parameters stated by the manufacturer for a particular model, within
the tolerance stated by the standard.
    In 1982, ASA revised the standard (ANSI S3.22-1982) (ASA 70-1982).
In a final rule published in the Federal Register of July 24, 1985 (50
FR 30153), FDA incorporated the revised standard into Sec.
801.420(c)(4). ASA revised the standard again in 1987 (ANSI S3.22-1987)
(ASA 70-1987). In a final rule published in the Federal Register of
December 21, 1989 (54 FR 52395), FDA incorporated the revised standard
into Sec.  801.420(c)(4). In 1996, ASA revised the standard again (ANSI
S3.22-1996) (ASA 70-1996). In a final rule published in the Federal
Register of November 3, 1999 (64 FR 59618), FDA incorporated the
revised standard into Sec.  801.420(c)(4).
    In 2003, ASA revised the standard again (ANSI S3.22-2003). The 1996
version of the standard was written prior to the development of digital
hearing aids. Therefore, some of the test procedures described in the
1996 version of the standard, designed for assessment of analogue
hearing aids, were modified to accommodate digital technology. The
major differences between the two versions of the standard are as
follows:
     In the 1996 standard, the gain control was set to a
specific reference test position for automatic gain control (AGC)
hearing aids and for all other types of hearing aids. In the 2003
standard, AGC hearing aids are tested in AGC mode only for those tests
associated with AGC functions and are operated in non-AGC mode for all
other tests.
     In the 2003 standard, the tolerance for setting the gain
control to reference test setting (RTS) has been widened to  1.5 dB from  1.0 dB.
    FDA is now incorporating the 2003 standard into Sec.
801.420(c)(4).

III. What Does This Companion Proposed Rule Do?

    In this rule, FDA is proposing to:
     Amend Sec.  801.420(c)(4) to change the identification of
the standard from ``American National Standard `Specification of
Hearing Aid Characteristics,' ANSI S3.22-1996 (ASA 70-1996) (Revision
of ANSI S3.22-1987)'' to ``American National Standard `Specification of
Hearing Aid Characteristics,' ANSI S3.22-2003 (Revision of ANSI S3.22-
1996)''. FDA is also proposing to update an address in this section,
changing ``1350 Piccard Dr., rm. 240,'' to ``1350 Piccard Dr., rm.
150,''.
     Remove Sec.  801.420(d). This section requires that
manufacturers submit to FDA for review their User Instructional
Brochure and other labeling for each type of hearing aid on or before
August 15, 1977. This section was included with the initial hearing aid
rule in 1977. It was intended to provide for an initial FDA review of
the labeling to meet the new requirements. This section is outdated and
is no longer necessary.

IV. What is the Legal Authority for This Proposed Rule?

    This proposed rule is authorized by sections 201, 301, 501, 502,
701, and 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321, 331, 351, 352, 371, and 374).

V. What is the Environmental Impact of This Proposed Rule?

    The agency has determined under 21 CFR 25.30(k) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

VI. What is the Economic Impact of This Proposed Rule?

    FDA has examined the impacts of the proposed rule under Executive
Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601-612), and
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). Executive
Order 12866 directs agencies to assess all costs and benefits of
available regulatory alternatives and, when regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The agency believes that
this proposed rule is not a significant regulatory action as defined by
the Executive order.
    The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. The proposed rule would amend the existing hearing
aid regulation to refer to the updated consensus standard that is used
to determine the technical data in hearing aid labeling. It does not
impose any new requirements. Communications from manufacturers to FDA
show that they are prepared to comply with this standard immediately.
The agency, therefore, certifies that the proposed rule will not have a
significant economic impact on a substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation)

in any one year.'' The current threshold after adjustment for inflation
is $127 million, using the most current (2006) Implicit Price Deflator
for the Gross Domestic Product. FDA does not expect this proposed rule
to result in any 1-year expenditure that would meet or exceed this
amount.

VII. How Does the Paperwork Reduction Act of 1995 Apply to This
Proposed Rule?

    This proposed rule contains information collection provisions that
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-
3520). The collections of information addressed in the companion direct
final rule have been approved by OMB in accordance with the PRA under
the regulations governing labeling of medical devices (21 CFR part 801,
OMB control number 0910-0485).

VIII. What Are the Federalism Impacts of This Proposed Rule?

    FDA has analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13132. FDA has determined that
the rule does not contain policies that have substantial direct effects
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Accordingly, the agency has concluded
that the rule does not contain policies that have federalism
implications as defined in the Executive order and, consequently, a
federalism summary impact statement is not required.

IX. How Do You Submit Comments on This Proposed Rule?

    Interested persons may submit to the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, written or electronic comments on this
recommendation. Submit electronic comments to http://
www.regulations.gov. Two copies of any written comments are to be
submitted, except that individuals may submit one copy. Comments are to
be identified with the name of the device and the docket number found
in brackets in the heading of this document. Received comments may be
seen in the Division of Dockets Management between 9 a.m. and 4 p.m.,
Monday through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

List of Subjects in 21 CFR Part 801

    Incorporation by reference, Labeling, Medical devices, Reporting
and recordkeeping requirements.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, it is
proposed that 21 CFR part 801 be amended as follows:

PART 801--LABELING

    1. The authority citation for 21 CFR part 801 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 360i, 360j, 371, 374.
    2. Section 801.420 is amended by revising the second and third
sentences of and adding a new fourth sentence to paragraph (c)(4)
introductory text and by removing paragraph (d) to read as follows:

Sec.  801.420  Hearing aid devices; professional and patient labeling.

* * * * *
    (c) * * *
    (4) * * * The determination of technical data values for the
hearing aid labeling shall be conducted in accordance with the test
procedures of the American National Standard ``Specification of Hearing
Aid Characteristics,'' ANSI S3.22-2003 (Revision of ANSI S3.22-1996)
(Includes April 2007 Erratum). The Director of the Office of the
Federal Register approves this incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the
Standards Secretariat of the Acoustical Society of America, 120 Wall
St., New York, NY 10005-3993, or are available for inspection at the
Regulations Staff, CDRH (HFZ-215), FDA, 1350 Piccard Dr., rm. 150,
Rockville, MD 20850, or at the National Archives and Records
Administration (NARA). * * *
* * * * *

    Dated: May 19, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-11909 Filed 5-30-08; 8:45 am]

BILLING CODE 4160-01-S