[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10169-10171]
[FR Doc No: 2015-03875]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74323; File No. 4-631]

Joint Industry Plan; Order Approving the Eighth Amendment to the
National Market System Plan To Address Extraordinary Market Volatility
by BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options
Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange,
Inc., EDGX Exchange, Inc., Financial Industry Regulatory Authority,
Inc., NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The Nasdaq Stock Market
LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE
MKT LLC, and NYSE Arca, Inc.

February 19, 2015.

I. Introduction

    On December 24, 2014, Financial Industry Regulatory Authority, Inc.
(``FINRA''), on behalf of the following parties to the National Market
System Plan: BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board
Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA
Exchange, Inc., EDGX Exchange, Inc., NASDAQ OMX

BX, Inc., NASDAQ OMX PHLX LLC, the Nasdaq Stock Market LLC, National
Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc. (collectively with FINRA, the ``Participants''), filed
with the Securities and Exchange Commission (``Commission'') pursuant
to Section 11A of the Securities Exchange Act of 1934 (``Act'') \1\ and
Rule 608 thereunder,\2\ a proposal to amend the Plan to Address
Extraordinary Market Volatility (``Plan'').\3\ The proposal represents
the eighth amendment to the Plan (``Eighth Amendment''), and reflects
proposed changes unanimously approved by the Participants. The Eighth
Amendment was published for comment in the Federal Register on January
27, 2015.\4\ The Commission has received no comment letters regarding
the Eighth Amendment. This order approves the Eighth Amendment to the
Plan.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ See Letter from Christopher B. Stone, Vice President, FINRA,
to Brent Fields, Secretary, Commission, dated December 24, 2014
(``Transmittal Letter'').
    \4\ See Securities Exchange Act Release No. 74110 (January 21,
2015), 80 FR 4321 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

A. Eighth Amendment to the Plan

    The Eighth Amendment includes two proposed changes to the Plan.
First, the Participants propose to amend the Plan to establish a
requirement for the Participants to submit a Supplemental Joint
Assessment to the Commission by May 29, 2015. Second, the Participants
propose to extend the end date of the pilot period of the Plan from
February 20, 2015 to October 23, 2015.

B. Background and Purpose of the Plan

    The Plan, approved by the Commission in March 2012,\5\ establishes
a market-wide limit up-limit down mechanism that is intended to address
extraordinary market volatility in ``NMS Stocks,'' as defined in Rule
600(b)(47) of Regulation NMS under the Act.\6\ The Plan sets forth
limit up-limit down requirements designed to prevent trades from
occurring outside specified Price Bands.\7\ These limit up-limit down
requirements are coupled with Trading Pauses, as defined in the Plan,
to accommodate more fundamental price moves (as opposed to erroneous
trades or momentary gaps in liquidity). The limit up-limit down
mechanism is intended to reduce the negative impacts of sudden,
unanticipated price movements in NMS Stocks, such as those experienced
on May 6, 2010, thereby protecting investors and promoting a fair and
orderly market. The initial date of Plan operations was April 8,
2013.\8\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67091, 77 FR 33498
(Jun. 6, 2012) (File No. 4-631).
    \6\ 17 CFR 242.600(b)(47). See also Section I(H) of the Plan.
    \7\ See Section V of the Plan.
    \8\ See Securities Exchange Act Release No. 68953 (February 20,
2013), 78 FR 13113 (February 26, 2013).
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Eighth
Amendment is consistent with the requirements of the Act and the rules
and regulations thereunder.\9\ Specifically, the Commission finds that
the Eighth Amendment is consistent with Section 11A of the Act \10\ and
Rule 608 thereunder \11\ in that it is appropriate in the public
interest, for the protection of investors and the maintenance of fair
and orderly markets, and that it removes impediments to, and perfects
the mechanism of, a national market system.
---------------------------------------------------------------------------

    \9\ In approving the Eighth Amendment, the Commission has
considered its impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78k-1.
    \11\ 17 CFR 242.608.
---------------------------------------------------------------------------

    The Supplemental Joint Assessment will evaluate the impact of the
Plan using the measures set forth in Appendix B of the Plan \12\ and
provide the Commission with an extensive cross-market data analysis
using methodology agreed upon by the Participants.\13\ The Participants
stated that they intend to engage a third-party consultant to assist in
conducting the cross-market analysis and preparing the Supplemental
Joint Assessment.\14\ The Participants believe that the Supplemental
Joint Assessment will facilitate the development of unified
recommendations, if and where appropriate, regarding operation of the
Plan.\15\ The Participants also state that they intend to make the
Supplemental Joint Assessment publicly available.\16\
---------------------------------------------------------------------------

    \12\ Appendix B of the Plan requires the Participants to: (a)
Assess the statistical and economic impact on liquidity of
approaching Price Bands; (b) assess the statistical and economic
impact of the Price Bands on erroneous trades; (c) assess the
statistical and economic impact of the appropriateness of the
Percentage Parameters used for the Price Bands; (d) assess whether
the Limit State is the appropriate length to allow for liquidity
replenishment when a Limit State is reached because of a temporary
liquidity gap; (e) evaluate concerns from the options markets
regarding the statistical and economic impact of Limit States on
liquidity and market quality in the options markets; (f) assess
whether the process for entering a Limit State should be adjusted
and whether Straddle States are problematic; (g) assess whether the
process for exiting a Limit State should be adjusted; and (h) assess
whether the Trading Pauses are too long or short and whether the
reopening procedures should be adjusted.
    These areas are intended to capture the key measures necessary
to assess the impact of the Plan and, if and where appropriate, to
support recommendations relating to the calibration of the
Percentage Parameters to help ensure that the stated objectives of
the Plan are achieved.
    \13\ See Notice, supra, note 4 at 4323.
    \14\ See id. More recently, however, the Participants notified
Commission staff that they have engaged a third-party consultant.
Telephone conversation between Chris Grobbel, Attorney-Adviser,
Commission, and Thushara Therrien, Director--Transparency Services,
FINRA (February 3, 2015).
    \15\ See Notice, supra, note 4 at 4323.
    \16\ See id.
---------------------------------------------------------------------------

    The Participants further believe that extending the end date of the
pilot period will: (i) Provide the Participants with time to use the
information collected during the operation of the Plan to perform
further analysis and recommend further amendments to the Plan, as
necessary; (ii) provide a reasonable period of time for the public to
comment on the Supplemental Joint Assessment and recommendations; and
(iii) allow the Commission and the public adequate time to review the
Supplemental Joint Assessment and any recommendations provided by the
Participants, and to determine if any modifications to the Plan are
appropriate.\17\
---------------------------------------------------------------------------

    \17\ See id.
---------------------------------------------------------------------------

    The Commission believes that the Supplemental Joint Assessment and
any resulting recommendations for modifications to the Plan from the
Participants, along with any public comment in response thereto, will
assist the Commission in assessing the operation of the Plan and in
considering any future determinations regarding the Plan.
    For the reasons noted above, the Commission finds that the Eighth
Amendment to the Plan is consistent with Section 11A of the Act \18\
and Rule 608 thereunder.\19\ The Commission reiterates its expectation
that the Participants will continue to monitor the scope and operation
of the Plan and study the data produced, and will propose any
modifications to the Plan that may be necessary or appropriate.\20\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78k-1.
    \19\ 17 CFR 242.608.
    \20\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \21\
and Rule 608 thereunder,\22\ that the Eighth

Amendment to the Plan (File No. 4-631) be, and it hereby is, approved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78k-1.
    \22\ 17 CFR 242.608.

Brent J. Fields,
Secretary.
[FR Doc. 2015-03875 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3896-3897]
[DOCID:fr26ja07-160]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55132; File No. SR-NYSE-2006-57]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Approval of a Proposed Rule Change Amending Rule 180 to
Require Member Organizations to Use the Automated Liability
Notification System of a Registered Clearing Agency

January 19, 2007.

I. Introduction

    On August 3, 2006, the New York Stock Exchange LLC (``NYSE'') filed
with the Securities and Exchange Commission (``Commission'') and on
November 15, 2006, amended proposed rule change SR-NYSE-2006-57
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'').\1\ Notice of the proposal was published in the Federal
Register on December 7, 2006.\2\ One comment letter was received.\3\
For the reasons discussed below, the Commission is granting approval of
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54818 (November 27,
2006), 71 FR 71010 (December 7, 2006) [File No. SR-NYSE-2006-57].
    \3\ Letter from John J. Wagner, Past President, 2003-2005,
Corporate Actions Division, Inc., SIFMA, to Nancy M. Morris,
Secretary, Commission (January 11, 2007).
---------------------------------------------------------------------------

II. Description

    Prior to the rule change, NYSE's Rule 180 provided that if
securities were not delivered within the required time frame, the party
who failed to deliver was liable for any resulting damages. Rule 180
also required that claims for damages had to be made promptly. It is
industry practice when one party is owed and has not received
securities that are the subject of a voluntary corporate action for the
owed party to send to the failing counterparty a notice of the
liability that will be attendant with the failure to deliver the
securities in time for the owed party to participate in the voluntary
corporate action.
    It is also customary in the industry for the failing counterparty
that receives a liability notification either to reject the notice, to
deliver the securities that are the subject of the liability
notification, or to convert or exchange the securities to the
corresponding corporate actions proceeds and deliver the proceeds.
Liability notifications are usually sent by fax directly to the
responsible failing counterparty or to its designees.
    Failing counterparties are subjected to potential liability by
their failure to respond to liability notifications. Failure to respond
typically occurs because of processing errors, such as overlooking the
faxed liability notification or not receiving it all, and because of
the overall lack of uniformity in the process. There is currently no
uniform method of notifying and confirming the transmission and receipt
of liability notifications.
    In response to a need for a reliable and uniform method of
transmitting liability notifications, The Depository Trust Company
(``DTC'') developed the SMART/Track for Corporate Action Liability
Notification Service (SMART/Track''), a web-based system for the
communication of liability notifications that is currently available to
all DTC participants. SMART/Track allows DTC participants to easily
create, send, process, and track corporate action liability
notifications. Email notifications are automatically generated when
liability notifications or replies to liability notifications are sent.
    In response to an industry request that NYSE adopt a rule that
would mandate the use of a system that would make uniform the method by
which liability notifications are sent and received, NYSE is amending
Rule 180. As amended, Rule 180 clarifies that if securities that were
to be delivered pursuant to the rules of a registered clearing agency
are not so delivered, the contract may be closed as provided by the
rules of that clearing agency. If the contracts are not so closed or if
there is a failure to deliver securities which are to be delivered
pursuant to NYSE Rule 176 or 177 and in the absence of any notice or
agreement, the contract shall continue without interest until the
following business day. However, in every such case of non-delivery,
the party not delivering the securities shall be liable for any damages
which accrue thereby.
    Rule 180 is also being amended to require that when the parties to
a failed contract are both participants in a registered clearing agency
that has an automated service for notifying a failing party of the
liability that will be attendant to a failure to deliver and the
contract was to be settled through the facilities of that registered
clearing agency, the transmission of the liability notification must be
accomplished through the use of the registered clearing agency's
automated liability notification system.\4\
---------------------------------------------------------------------------

    \4\ Currently DTC is the only registered clearing agency
operating an automated liability notification service. At present,
approximately 155 DTC participants are voluntarily using SMART/
Track.
---------------------------------------------------------------------------

III. Comment Letters

    The Commission received one comment letter, which supported the
rule as proposed.\5\ The commenter stated, ``The Corporate Actions
Division of the Securities Industry and Financial Markets Association
is 100% in favor of this rule change.''
---------------------------------------------------------------------------

    \5\ Supra note 3.
---------------------------------------------------------------------------

IV. Discussion

    Section 6(b)(5) of the Act requires, among other things, that the
rules of an exchange be 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
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public
interest.\6\ Requiring the use of an automated liability notification
system of a registered clearing agency should help reduce risk, costs,
and delays resulting from processing errors and missing or inaccurate
information that often occurs with manually processed liability
notifications. Such an automated system should also provide broker-
dealers with more timely receipt and distribution of such notices,
immediate identification of the security affected by the notice, and a
centralized system to manage and control all liability notifications.
These benefits should, in turn, facilitate more efficient and cost-
effective clearance and settlement of securities transactions.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Accordingly, for the reasons stated above the Commission finds that
the rule change is consistent with NYSE's obligation under Section 6(b)
of the Act to foster cooperation and coordination with persons engaged
in regulating, clearing, settling, processing information with respect
to, and facilitating transactions in securities, and, in general, to
protect investors and the public interest.

VI. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular with the requirements of Section 6(b)(5) of the Act and
the rules and regulations thereunder. It is therefore ordered, pursuant
to Section 19(b)(2) of the Act, that the proposed rule change (File No.
SR-NYSE-2006-57) be and hereby is approved.\7\
---------------------------------------------------------------------------

    \7\ In approving the proposed rule change, the Commission
considered the proposal's impact on the efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon
Deputy Secretary.
 [FR Doc. E7-1227 Filed 1-25-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Rules and Regulations]
[Pages 64233-64234]
[FR Doc No: 2011-26732]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket FAA No. FAA-2011-0439; Airspace Docket No. 11-ANM-10]

Amendment of Class D and Class E Airspace and Establishment of
Class E Airspace; Casper, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects errors in the legal description of a
final rule published in the Federal Register of August 25, 2011 that
amends Class D and Class E airspace, and establishes Class E en route
domestic airspace at Casper, WY.

DATES: Effective Date: 0901 UTC, October 20, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    Federal Register Docket No. FAA-2011-0439, Airspace Docket No. 11-
ANM-10, published on August 25, 2011 (76 FR 53048), amends Class D
airspace, Class E surface airspace, Class E designated as an extension,
and Class E airspace extending upward from 700 feet above the surface;
and establishes Class E en route domestic airspace at Natrona County
International Airport, Casper, WY. An error was made referencing the
Victor airway in the regulatory text for Class E airspace extending
upward from 700 feet above the surface. Also, in the Class E en route
domestic airspace area, the portion referencing excluding existing
controlled airspace 7,100 feet MSL and above is replaced with the
correct wording. Class D and E airspace designations are published in
paragraph 6005 and 6006, respectively, of FAA

Order 7400.9V dated August 9, 2011, and effective September 15, 2011,
which is incorporated by reference in 14 CFR Part 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, the Class E
airspace descriptions as published in the Federal Register of August
25, 2011 (76 FR 53048) (FR Doc. 2011-21663) for Natrona County
International Airport, Casper, WY, is corrected under the airspace
designations as follows:

ANM WY E5 Casper WY [Corrected]

0
On page 53049, column 2, line 49 of the regulatory text, remove ``V-
19'', and insert ``V-611''.

ANM WY E6 Casper, WY [Corrected]

0
On page 53049, column 2, line 61 of the regulatory text, remove
``excluding existing controlled airspace 7,100 feet MSL and above,''
and insert ``excluding existing lateral limits of controlled airspace
7,500 feet MSL and above''.

    Issued in Seattle, Washington, on October 6, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-26732 Filed 10-17-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32113-32115]
[FR Doc No: 2011-13830]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

EPA-R09-OAR-2011-0356; FRL-9314-8]

Revisions to the California State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and Imperial
County Air Pollution Control District (ICAPCD) portions of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from Motor Vehicle Assembly
Coatings, Surface Coatings of Metal Parts and Products, Plastic Parts
and Products and Pleasure Crafts, Aerospace Coating Operations and
Automotive Refinishing Operations. We are proposing to approve local
rules to regulate these emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We are taking comments on this
proposal and plan to follow with a final action.

DATES: Any comments must arrive by July 5, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0356, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.

    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The docket for this action is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed at http://www.regulations.gov, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, we, us and our
refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by local air agencies and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                 Rule No.               Rule title               Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..............................         4602  Motor Vehicle Assembly Coatings..      9/17/09      5/17/10
SJVUAPCD..............................         4603  Surface Coating of Metal Parts         9/17/10      5/17/10
                                                      and Products, Plastic Parts and
                                                      Products and Pleasure Crafts.
ICAPCD................................          425  Aerospace Coating Operations.....      2/23/10      7/20/10
ICAPCD................................          427  Automotive Refinishing Operations      2/23/10      7/20/10
----------------------------------------------------------------------------------------------------------------

    On 7/8/2010 for the SJUAPCD rules and 8/25/2010 for the ICAPCD
rules, these rule submittals were found to meet the completeness
criteria in 40 CFR part 51, Appendix V, which must be met before formal
EPA review.

B. Are there other versions of these rules?

    We approved a version of SJVUAPCD Rule 4602 into the SIP on 6/26/
2002. We approved a version of SJVUAPCD Rule 4603 into the SIP on 1/19/
2010. We approved a version of ICAPCD Rule 425 into the SIP on 5/19/
2005. We approved a version of ICAPCD Rule 427 into the SIP on 10/3/
2001.

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires states
to submit regulations that control VOC emissions. In general, these
rules control the VOC emissions by limiting the VOC of commercial
coatings and solvents.
    Originally SJVUAPCD Rule 4602 was Motor Vehicle and Mobile
Equipment Coating Operations but was retired on January 1, 2009 when
Rule 4612, Motor Vehicle and Mobile Equipment Coating Operations--Phase
II became effective. SJVUAPCD Rule 4602 is revised to implement RACT
requirements as recommended in the CTG for Automobile and the CTG for
Light-Duty Truck Assembly Coatings, EPA-453/R-08-006 and Miscellaneous
Metal and Plastic Parts Coatings, EPA-453/R-08-003. The rule was also
revised to reduce solvent VOC emissions to 25 grams/liter.
    SJVUAPCD Rule 4603 is revised to implement RACT requirements as
recommended in the CTG for Miscellaneous Metal and Plastic Parts
Coatings, EPA-453/R-08-003, for Large Appliance Coatings, EPA-453/R-07-
004, and for Metal Furniture Coatings, EPA-453/R-07-005. Rule 4603 now
includes plastic parts and products and also includes pleasure crafts.
Rule 4603 establishes work practices for large appliance parts and
products and metal furniture coating operations. This rule also
establishes a 25 gram/liter VOC limit for all cleaning solvents.
    ICAPCD Rule 425 is revised to implement the new recordkeeping
requirements consistent with other air districts and to comply with the
National Emissions Standards for Aerospace Manufacturing and Rework
Facilities: Summary of Requirements for Implementing NESHAP, EPA-456/R-
97-006.
    ICAPCD Rule 427 is revised to implement the California Air
Resources Board (CARB) Automotive Coatings Suggested Control Methods
(SCM), to add prohibitions regarding sale and ownership of specific
coatings and to add requirements for manufacturers and providers of
automotive coatings and related materials to provide all necessary
information to their clients.
    EPA's technical support documents (TSDs) have more information
about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
section 182(a)(2)), and must not relax existing requirements (see
sections 110(l) and

193). The SJVUAPCD regulates an ozone nonattainment area (see 40 CFR
part 81), so Rules 4602 and 4603 must fulfill RACT. The ICAPCD
regulates an ozone nonattainment area (see 40 CFR part 81), so Rules
425 and 427 must fulfill RACT.
    Guidance and policy documents that we used to help evaluate
enforceability and RACT requirements consistently include the
following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. Issues Relating to ``VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``A Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. CTG for Automobile and the CTG for Light-Duty Truck Assembly
Coatings, EPA-453/R-08-006, Miscellaneous Metal and Plastic Parts
Coatings, EPA-453/R-08-003,
    5. CTG for Fiberglass Boat Manufacturing Materials, EPA-453/R-08-
004,
    6. National Emissions Standards for Aerospace Manufacturing and
Rework Facilities: Summary of Requirements for Implementing NESHAP,
EPA-456/R-97-006 and CARB Automotive Coatings SCM.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, these rules do not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compound.

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

    Dated: May 19, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-13830 Filed 6-2-11; 8:45 am]
BILLING CODE 6560-50-P


Document has been coded “B” May be requested under the Freedom of
Information Act http://  HYPERLINK "http://www.epa.gov/pesticides/foia"
www.epa.gov/pesticides/foia  but access is restricted to entities not
engaged in the production sale or distribution of pesticides outside the
United States


[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Rules and Regulations]
[Page 18154-18156]
[DOCID:fr21ap09-16]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified BFEs will be
used to calculate flood insurance premium rates for new buildings and
their contents.

DATES: The effective dates for these modified BFEs are indicated on the
following table and revise the Flood Insurance Rate Maps (FIRMs) in
effect for the listed communities prior to this date.

ADDRESSES: The modified 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: William R. Blanton Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Mitigation Division Director of FEMA resolved any
appeals resulting from this notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFEs determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in these buildings. The
changes in BFEs are in accordance with 44 CFR 65.4.
    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,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 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.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Tuscaloosa (FEMA Docket    Unincorporated areas   October 15, 2008;     The Honorable W. Hardy     February 19, 2009..............       010201
 No: B-1019).                        of Tuscaloosa County   October 22, 2008;     McCollum, Tuscaloosa
                                     (08-04-3997P).         The Northport         County Probate Judge,
                                                            Gazette.              714 Greensboro Avenue,
                                                                                Tuscaloosa, AL 35401.
Arizona:
     Maricopa (FEMA Docket No: B-   City of El Mirage (08- October 16, 2008;     The Honorable Fred         February 20, 2009..............       040041
     1019).                          09-1516P).             October 23, 2008;     Waterman, Mayor, City of
                                                            Arizona Business      El Mirage, P.O. Box 26,
                                                            Gazette.              El Mirage, AZ 85335.
     Maricopa (FEMA Docket No: B-   Unincorporated areas   October 16, 2008;     The Honorable Andrew W.    February 20, 2009..............       040037
     1019).                          of Maricopa County     October 23, 2008;     Kunasek, Chairman,
                                     (08-09-1516P).         Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                Jefferson Street, 10th
                                                                                Floor, Phoenix, AZ 85003.

     Maricopa (FEMA Docket No: B-   City of Surprise (08-  October 16, 2008;     The Honorable Lyn Truitt,  February 20, 2009..............       040053
     1019).                          09-1516P).             October 23, 2008;     Mayor, City of Surprise,
                                                            Arizona Business      12425 West Bell Road,
                                                            Gazette.              Surprise, AZ 85374.
    Pinal (FEMA Docket No: B-1023)  City of Maricopa (07-  October 26, 2008;     The Honorable Anthony      March 3, 2009..................       040052
                                     09-1819P).             November 2, 2008;     Smith, Major, City of
                                                            Casa Grande           Maricopa, P.O. Box 610,
                                                            Dispatch.             Maricopa, AZ 85239.
     Pinal (FEMA Docket No: B-      Unincorporated areas   October 26, 2008;     The Honorable Lionel D.    March 3, 2009..................       040077
     1023).                          of Pinal County (07-   November 2, 2008;     Ruiz, Chairman, Pinal
                                     09-1819P).             Casa Grande           County Board of
                                                            Dispatch.             Supervisors, P.O. Box
                                                                                827, Florence, AZ 85232.
Arkansas: Pulaski (FEMA Docket No:  City of Little Rock    November 4, 2008;     The Honorable Mark         October 29, 2008...............       050181
 B-1019).                            (08-06-2112P).         November 11, 2008;    Stodola, Mayor, City of
                                                            Arkansas Democrat     Little Rock, 500 West
                                                            Gazette.              Markham Street, Suite
                                                                                203, Little Rock, AR
                                                                                72201.
California: Santa Barbara (FEMA     Unincorporated areas   October 24, 2008;     The Honorable Salud        March 2, 2009..................       060331
 Docket No: B-1027).                 of Santa Barbara       October 31, 2008;     Carbajal, Chairman,
                                     County (08-09-0425P).  Santa Barbara News    Santa Barbara County
                                                            Press.                Board of Supervisors,
                                                                                105 East Anapamu Street,
                                                                                Santa Barbara, CA 93101.
Colorado:
    Douglas (FEMA Docket No: B-     Town of Parker (08-08- October 30, 2008;     The Honorable David        March 6, 2009..................       080310
     1023).                          0810P).                November 6, 2008;     Casiano, Mayor, Town of
                                                            Douglas County News   Parker, 20120 East Main
                                                            Press.                Street, Parker, CO 80138-
                                                                                7334.
    Mesa (FEMA Docket No: B-1027).  City of Fruita (08-08- November 14, 2008;    The Honorable Ken Henry,   October 31, 2008...............       080194
                                     0501P).                November 21, 2008;    Mayor, City of Fruita,
                                                            The Daily Sentinel.   325 East Aspen Avenue,
                                                                                Fruita, CO 81521.
    Mesa (FEMA Docket No: B-1027).  Unincorporated areas   November 14, 2008;    The Honorable Craig J.     October 31, 2008...............       080115
                                     of Mesa County (08-    November 21, 2008;    Meis, Commissioner,
                                     08-0501P).             The Daily Sentinel.   District 1, Mesa County
                                                                                Board of Commissioners,
                                                                                P.O. Box 20000, Grand
                                                                                Junction, CO 81502.
Connecticut: New Haven (FEMA        Town of Branford (08-  November 13, 2008;    The Honorable Anthony      October 31, 2008...............       090073
 Docket No: B-1023).                 01-1042P).             November 20, 2008;    DaRos, First Selectman,
                                                            The Sound.            Town of Branford, 1019
                                                                                Main Street, Branford,
                                                                                CT 06405.
Delaware:
    Kent (FEMA Docket No: B-1019).  Unincorporated areas   October 17, 2008;     The Honorable P. Brooks    February 23, 2009..............       100001
                                     of Kent County (08-    October 24, 2008;     Banta, President, Board
                                     03-1557P).             The News Journal.     of Commissioners, 555
                                                                                Bay Road, Dover, DE
                                                                                19901.
    New Castle (FEMA Docket No: B-  Unincorporated areas   November 12, 2008;    The Honorable Christopher  October 31, 2008...............       105085
     1023).                          of New Castle County   November 19, 2008;    Coons, County Executive,
                                     (08-03-0143P).         The News Journal.     New Castle County, 87
                                                                                Read's Way, New Castle,
                                                                                DE 19720.
    New Castle (FEMA Docket No: B-  City of Wilmington     November 12, 2008;    The Honorable James M.     October 31, 2008...............       100028
     1023).                          (08-03-0143P).         November 19, 2008;    Baker, Mayor, City of
                                                            The News Journal.     Wilmington, 800 North
                                                                                French Street,
                                                                                Wilmington, DE 19801.
Florida:
    Bay (FEMA Docket No: B-1023)..  Unincorporated areas   October 31, 2008;     The Honorable Jerry L.     March 9, 2009..................       120004
                                     of Bay County (08-04-  November 7, 2008;     Girvin, Chairman, Bay
                                     2649P).                The News Herald.      County Board of
                                                                                Commissioners, 810 West
                                                                                Eleventh Street, Panama
                                                                                City, FL 32401.
    Bay (FEMA Docket No: B-1023)..  City of Panama City    October 31, 2008;     The Honorable Gayle        March 9, 2009..................       120013
                                     Beach (08-04-2649P).   November 7, 2008;     Oberst, Mayor, City of
                                                            The News Herald.      Panama City Beach, 110
                                                                                South Arnold Road,
                                                                                Panama City Beach, FL
                                                                                32413.
    Polk (FEMA Docket No: B-1019).  City of Lakeland (08-  October 10, 2008;     The Honorable Ralph L.     February 16, 2009..............       120267
                                     04-5418P).             October 17, 2008;     Fletcher, Mayor, City of
                                                            The Ledger.           Lakeland, 228 South
                                                                                Massachusetts Avenue,
                                                                                Lakeland, FL 33801.
Georgia: Columbia (FEMA Docket No:  Unincorporated areas   October 19, 2008;     The Honorable Ron C.       February 23, 2009..............       130059
 B-1019).                            of Columbia County     October 26, 2008;     Cross, Chairman,
                                     (08-04-3896P).         The Columbia County   Columbia County Board of
                                                            News Times.           Commissioners, P.O. Box
                                                                                498, Evans, GA 30809.
Kansas:
    Reno (FEMA Docket No: B-1027).  City of Hutchinson     November 12, 2008;    The Honorable Trish Rose,  October 31, 2008...............       200283
                                     (08-07-0175P).         November 19, 2008;    Mayor, City of
                                                            The Hutchinson News.  Hutchinson, P.O. Box
                                                                                1567, Hutchinson, KS
                                                                                67504.
    Reno (FEMA Docket No: B-1027).  Unincorporated areas   November 12, 2008;    Mr. Larry Sharp, Chair,    October 31, 2008...............       200567
                                     of Reno County (08-    November 19, 2008;    Reno County Commission,
                                     07-0175P).             The Hutchinson News.  Reno County Courthouse,
                                                                                206 West First Avenue,
                                                                                Hutchinson, KS 67501.
Minnesota: Olmsted (FEMA Docket     City of Oronoco (08-   November 12, 2008;    The Honorable Scott        October 31, 2008...............       270330
 No: B-1023).                        05-3390P).             November 19, 2008;    Keigley, Mayor, City of
                                                            The News Record.      Oronoco, P.O. Box 195,
                                                                                Oronoco, MN 55960.
Missouri: Platte (FEMA Docket No:   Unincorporated areas   October 15, 2008;     Mr. Tom Pryor, First       February 19, 2009..............       290475
 B-1019).                            of Platte County (08-  October 22, 2008;     District Commissioner,
                                     07-1586P).             The Landmark.         Platte County, Platte
                                                                                County Administrative
                                                                                Building, 415 Third
                                                                                Street, Suite 105,
                                                                                Platte City, MO 64079.
Nevada: Elko (FEMA Docket No: B-    City of Elko (08-09-   October 24, 2008;     The Honorable Michael J.   March 2, 2009..................       320010
 1023).                              0345P).                October 31, 2008;     Franzoia, Mayor, City of
                                                            Elko Daily Free       Elko, 1751 College
                                                            Press.                Avenue, Elko, NV 89801.

South Carolina:
    Lexington (FEMA Docket No: B-   Unincorporated areas   October 29, 2008;     The Honorable William C.   March 5, 2009..................       450129
     1023).                          of Lexington County    November 5, 2008;     Derrik, Chairman,
                                     (08-04-1961P).         The State.            Lexington County
                                                                                Council, 2241 Ridge
                                                                                Road, Leesville, SC
                                                                                29070.
    Richland (FEMA Docket No: B-    Unincorporated areas   October 10, 2008;     The Honorable Joseph       February 16, 2009..............       450170
     1019).                          of Richland County     October 17, 2008;     McEachern, Chairman,
                                     (08-04-5022P).         The State.            Richland County Council,
                                                                                Richland County
                                                                                Administrative Building,
                                                                                2020 Hampton Street,
                                                                                Second Floor, Columbia,
                                                                                SC 29202.
Tennessee:
    Williamson (FEMA Docket No: B-  City of Brentwood (08- October 16, 2008;     The Honorable Joe Reagan,  February 20, 2009..............       470205
     1019).                          04-2646P).             October 23, 2008;     Mayor, City of
                                                            The Tennessean.       Brentwood, P.O. Box 788,
                                                                                Brentwood, TN 37024.
    Williamson (FEMA Docket No: B-  Unincorporated areas   October 16, 2008;     The Honorable Rogers C.    February 20, 2009..............       470204
     1019).                          of Williamson County   October 23, 2008;     Anderson, Mayor,
                                     (08-04-2646P).         The Tennessean.       Williamson County, 1320
                                                                                West Main Street, Suite
                                                                                125, Franklin, TN 37064.
Texas:
    Bell (FEMA Docket No: B-1023).  City of Killeen (07-   October 30, 2008;     The Honorable Timothy L.   March 6, 2009..................       480031
                                     06-1831P).             November 6, 2008;     Hancock, Mayor, City of
                                                            Killeen Daily         Killeen, P.O. Box 1329,
                                                            Herald.               Killeen, TX 76540.
    Bexar (FEMA Docket No: B-1023)  Unincorporated areas   October 31, 2008;     The Honorable Nelson W.    March 9, 2009..................       480035
                                     of Bexar County (07-   November 7, 2008;     Wolff, Bexar County
                                     06-2018P).             San Antonio Express   Judge, 100 Dolorosa
                                                            News.                 Street, Suite 120, San
                                                                                Antonio, TX 78205.
    Bexar (FEMA Docket No: B-1023)  City of San Antonio    October 31, 2008;     The Honorable Phil         March 9, 2009..................       480045
                                     (07-06-2018P).         November 7, 2008;     Hardberger, Mayor, City
                                                            San Antonio Express   of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                78283.
    Tarrant (FEMA Docket No: B-     City of Fort Worth     October 9, 2008;      The Honorable Mike         February 13, 2009..............       480596
     1019).                          (08-06-2295P).         October 16, 2008;     Moncrief, Mayor, City of
                                                            Fort Worth Star       Fort Worth, 1000
                                                            Telegram.             Throckmorton Street,
                                                                                Fort Worth, TX 76102.
    Tarrant (FEMA Docket No: B-     City of Keller (08-06- October 9, 2008;      The Honorable Pat          February 13, 2009..............       480602
     1019).                          2436P).                October 16, 2008;     McGrail, Mayor, City of
                                                            Fort Worth Star       Keller, P.O. Box 770,
                                                            Telegram.             Keller, TX 76244.
    Travis (FEMA Docket No: B-      City of Austin (08-06- November 12, 2008;    The Honorable Will Wynn,   October 31, 2008...............       480624
     1023).                          2992P).                November 19, 2008;    Mayor, City of Austin,
                                                            Austin American       P.O. Box 1088, Austin,
                                                            Statesman.            TX 78767.
Wisconsin:
    Juneau (FEMA Docket No: B-      Unincorporated areas   November 13, 2008;    The Honorable Alan         December 2, 2008...............       550580
     1027).                          of Juneau County (08-  November 20, 2008;    Peterson, Chairman,
                                     05-2953P).             The Messenger of      Juneau County, N3161
                                                            Juneau County.        Highway G, Mauston, WI
                                                                                53948.
    Juneau (FEMA Docket No: B-      Village of Union       November 13, 2008;    The Honorable Darold       December 2, 2008...............       550207
     1027).                          Center (08-05-2953P).  November 20, 2008;    Minett, Mayor, Village
                                                            The Messenger of      of Union Center, P.O.
                                                            Juneau County.        Box 96, Union Center, WI
                                                                                53962.
    Juneau (FEMA Docket No: B-      Village of Wonewoc     November 13, 2008;    The Honorable Kevin        December 2, 2008...............       550208
     1027).                          (08-05-2953P).         November 20, 2008;    Jennings, President,
                                                            The Messenger of      Village of Wonewoc, P.O.
                                                            Juneau County.        Box 37, Wonewoc, WI
                                                                                53968.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: April 13, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-9069 Filed 4-20-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Page 67357]
[FR Doc No: 2013-26969]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-8-000]

Vineland Municipal Electric Utility v. Atlantic City Electric
Company PJM Interconnection, L.L.C.; Notice of Complaint

    Take notice that on November 1, 2013, pursuant to sections 205,
206, 306, and 309 of the Federal Power Act, 16 USC 824d, 824e, 825e,
and Rules 206 and 217 of the Rules of Practice and Procedure of the
Federal Energy Regulatory Commission (Commission), 18 CFR 385.206 and
385.217 (2013), Vineland Municipal Electric Utility (Vineland or
Complainant) filed a complaint against Atlantic City Electric Company
and PJM Interconnection, L.L.C. (Respondents). Vineland seeks an order
granting full and immediate refunds of all amounts paid in violation of
the Interconnection Agreement and PJM Open Access Transmission Tariff,
specifically relating to the allocation of unaccounted for energy (UFE)
to Vineland's hourly loads; and seeking an order that such UFE shall be
removed from Vineland's hourly load data for the purpose of calculating
Vineland's capacity and transmission obligations for future periods.
    Complainant certifies that copies of the Complaint were served on
the contacts for the Respondents.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 21, 2013.

    Dated: November 4, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-26969 Filed 11-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 12, 2009 (Volume 74, Number 217)]
[Notices]
[Page 58370]
[DOCID:fr12no09-128]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-54]

Petitions for Exemption; Summary of Petitions Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petitions for exemption received.

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

SUMMARY: This notice contains a summary of certain petitions seeking
relief from specified requirements of 14 CFR. The purpose of this
notice is to improve the public's awareness of, and participation in,
this aspect of FAA's regulatory activities. Neither publication of this
notice nor the inclusion or omission of information in the summary is
intended to affect the legal status of any petition or its final
disposition.

DATES: Comments on petitions received must identify the petition docket
number involved and must be received on or before December 2, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0899 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Docket: To read background documents or comments received,
go to http://www.regulations.gov at any time or to the Docket
Management Facility in Room W12-140 of the West Building Ground Floor
at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: We will post all comments we receive,
without change, to http://www.regulations.gov, including any personal
information you provide. Using the search function of our docket Web
site, anyone can find and read the comments received into any of our
dockets, including the name of the individual sending the comment (or
signing the comment for an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Anna Bruse,<PHONE_NUMBER>, or Tyneka
Thomas<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 5, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petitions for Exemption

    Docket No.: FAA-2009-0899.
    Petitioner: National Test Pilot School.
    Section of 14 CFR Affected: 14 CFR 61.3(a) and (c).
    Description of Relief Sought: National Test Pilot School (NTPS)
seeks an exemption from 14 CFR 61.3(a) and (c) to allow flight test
training of foreign military test pilot students enrolled in NTPS who
have no civil licenses to be trained in aircraft requiring two licensed
pilots.

[FR Doc. E9-27140 Filed 11-10-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Notices]
[Page 51885-51886]
[DOCID:fr08oc09-87]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 30e-1, SEC File No. 270-21, OMB Control No. 3235-
0025.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    This notice supersedes the notice regarding the comment request on
the collection of information, ``Rule 30e-1 (CFR 270.30e-1) under the
Investment Company Act of 1940, (15 U.S.C. 80a-1 et seq.) Reports to
Stockholders of Management Companies'' published in the Federal
Register on July 30, 2009 (74 FR 38065) because the methodology of
calculating the burden of the collection of information has been
revised.
    The title for the collection of information is: ``Rule 30e-1 under
the Investment Company Act of 1940, Reports to Stockholders of
Management Companies.'' Section 30(e) (15 U.S.C. 80a-29(e)) of the
Investment Company Act of 1940 (``Investment Company Act'') requires a
registered investment company (``fund'') to transmit to its
shareholders, at least semi-annually, reports containing financial
statements and other financial information as the Commission may
prescribe by rules and regulations. In addition, Section 30(f) permits
the Commission to require by rule that semi-annual reports include such
other information as the Commission deems necessary or

appropriate in the public interest or for the protection of investors.
Rule 30e-1 generally requires a fund to transmit to its shareholders,
at least semi-annually, reports containing the information that is
required to be included in such reports by the fund's registration
statement form under the Investment Company Act. Failure to require the
collection of this information would seriously impede the amount of
current information available to shareholders and the public about
funds and would prevent the Commission from implementing the regulatory
program required by statute. Approximately 2,800 funds, with a total of
approximately 10,460 portfolios, respond to rule 30e-1 annually. The
estimate of the total annual reporting burden of the collection of
information is approximately 114.2 hours per portfolio, and the total
estimated annual burden for the industry is 1,194,532 hours (114.2
hours x 10,460 portfolios). Providing the information required by rule
30e-1 is mandatory. Responses will not be kept confidential. Estimates
of the burden hours are made solely for the purposes of the Paperwork
Reduction Act, and are not derived from a comprehensive or even a
representative survey or study of the costs of SEC rules and forms.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Boucher, Director/
CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432
General Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_
<EMAIL_ADDRESS>
    Dated: October 2, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24269 Filed 10-7-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Page 79644]
[FR Doc No: 2015-32047]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76666; File No. SR-NYSE-2015-48]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change Deleting Rule 410B Governing Reporting
Requirements for Off-Exchange Transactions

December 16, 2015.
    On October 16, 2015, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to delete Rule 410B governing reporting
requirements for off-Exchange transactions. The proposed rule change
was published for comment in the Federal Register on November 2, 2015.
---------------------------------------------------------------------------

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

    Section 19(b)(2) of the Act \3\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is December 17, 2015. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 76277 (October 27,
2015), 80 FR 67443. 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change, so that it has
sufficient time to consider this proposed rule change.
    Accordingly, the Commission, pursuant to section 19(b)(2) of the
Act,\4\ designates January 31, 2016, as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-NYSE-2015-48).
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32047 Filed 12-21-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7552-7553]
[FR Doc No: 2016-02890]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0017]

Policy Letter: Guidance for Training of Deck Officers on Vessels
Subject to the International Code for Ships Operating in the Polar
Waters

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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

SUMMARY: The Coast Guard announces the availability, in the docket, of
a policy letter which provides voluntary guidance for the training of
deck officers on vessels operating in polar waters. It recommends
training measures that will achieve a higher level of safety for
mariners working in this specialized polar environment. It is
applicable to SOLAS vessels operating outside the boundary line and
subject to the International Code for Ships Operating in Polar Waters
(Polar Code). The draft policy letter and voluntary guidance would not
apply to vessels on voyages that do not operate in areas subject to the
Polar Code.

DATES: This policy letter is effective on February 12, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
document, contact Cathleen Mauro, Marine Personnel Qualifications
Division (CG-OES-1), U.S. Coast Guard; telephone<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Viewing Materials in the Docket

    The policy letter is available in the docket and can be viewed by
going to www.regulations.gov, inserting USCG-2016-0017 in the
``Keyword'' box, and then clicking ``Search.''

Background and Purpose

    Current shipping trends show an increase in the number of vessels
regularly transiting remote polar areas. Vessels in polar waters
experience unpredictable and poor weather conditions, degraded
navigation tools, threats to operating equipment and increased
stability concerns. In response to the challenges faced by these
vessels and the concern for their safe operation, the International
Maritime Organization (IMO) has adopted a mandatory code, the
International Code for Ships Operating in Polar Waters, commonly
referred to as the Polar Code. The Polar Code addresses safety and
environmental requirements for vessels, as well as the level of
training required for deck officers, and is expected to come into force
on January 1, 2017.
    In order to obtain input from U.S. stakeholders and to facilitate
the development of the U.S. position at the IMO on the training
requirements needed to support the Polar Code, the Merchant Marine
Personnel Advisory Committee (MERPAC) chartered a working group in 2013
to address mariner training in support of the polar code. The working
group developed a proposal that included the training competencies for
U.S. mariners serving on ships operating in polar waters. The working
group held multiple meetings and provided recommendations on minimum
standards of competence, sea service, and recency requirements for
polar training at the basic and advanced levels. The group also
developed recommendations on how existing mariners with experience
operating in polar waters would be grandfathered under the new
requirements. MERPAC adopted the working group's recommendations, which
provided the basis of the U.S. position regarding the relevant
amendments to the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW Convention), 1978,
as amended, and the Seafarers' Training, Certification and Watchkeeping
Code (STCW Code). The STCW Convention and Code provide the
international standards for seafarers.
    Through the work of the IMO's Sub-committee on Human Element,
Training and Watchkeeping (HTW), amendments to the STCW Convention and
Code were developed to define the training requirements needed to
support the implementation of the Polar Code. These amendments were
approved by the Maritime Safety Committee on its Ninety Fifth Session
(MSC 95), and are expected to be adopted by the IMO in July of 2016.
The amendments are expected to enter into force on January 1, 2018.
    Cognizant that there is a gap between the time the Polar Code
enters into force on January 1, 2017 and the adoption of the amendments
to the STCW Convention by IMO in July of 2016, the Coast Guard has
developed a policy letter that recommends training guidelines for deck
officers on vessels operating in polar waters. The Coast Guard is
providing this guidance to

ensure there are sufficiently trained mariners by the time the Polar
Code enters into force.

Discussion

    Recognizing that the operation of ships sailing in polar waters
calls for specific education, training, experience and related
qualifications for officers, Resolution 11 of the 2010 amendments to
the STCW Convention included non-mandatory guidance on training for
deck and engineer officers serving on ships operating in polar waters.
The guidance is contained in Section B-V/g of the STCW Code. The
training requirements of the Polar Code, however, go beyond what is
addressed in Section B-V/g of the STCW Code, by utilizing a risk-
assessment to addresses the applicability of different levels of
training required for deck officers engaged on ships operating in polar
waters. Chapter 12 of The Polar Code identifies the level of training
required for deck officers on ships subject to the Polar Code taking
into account the type of vessel and the ice conditions in the operating
area. The levels of training are either Basic or Advanced Training for
Ships Operating in Polar Waters. The interim guidance in this policy is
based upon the amendments to the STCW Convention and Code supporting
the mandatory training requirements in Chapter 12 of the Polar Code.
    The requirements to meet the standards of competence for Basic or
Advanced Training for Ships Operating in Polar Waters are defined in
the STCW amendments supporting the Polar Code. A mariner may satisfy
the standard of competence for Basic or Advanced Training in Polar Code
Operations by meeting the respective sea service and training
requirements prescribed in Enclosure (1) of the Policy Letter.
    By meeting the basic or advanced training standard required by the
Polar Code, mariners are also meeting the familiarization requirements
of 46 CFR 15.405, which states that each credentialed mariner must be
familiar with the relevant characteristics of the vessel appropriate to
his or her duties and responsibilities prior to assuming those duties
and responsibilities. On board a seagoing vessel, this responsibility
rests with both the mariner and the employer as set forth in 46 CFR
15.1105, which requires mariners subject to STCW to complete
familiarization training before performing any duty or being assigned
any responsibility unless they are familiar with those duties and
responsibilities and with all of the vessel's arrangements,
installations, equipment, procedures, and characteristics relevant to
his or her routine and emergency duties or responsibilities.
    If training regulations are published, training completed to meet
the requirements described in the policy letter may be evaluated on a
case by case basis, and considered to meet part of the transitional
provisions of the training requirements for Basic or Advanced Polar
Waters Operations.

Voluntary Policy

    The guidance provided in this policy letter is voluntary, except
where existing regulatory requirements are discussed. Although it may
assist the industry, public, Coast Guard, and other Federal and State
regulators in applying existing statutory and regulatory requirements,
the policy letter and guidance it contains are not a substitute for
applicable legal requirements nor are they regulations themselves. We
note the ongoing work of the IMO in this area, in particular regarding
training of personnel engaged in polar waters. Developments within this
body will be taken into account during possible future revisions of the
draft policy letter. During the course of local operations, each Coast
Guard Captain of the Port (COTP) has discretionary authority on how
best to address specific safety and security concerns within his or her
area of responsibility consistent with 33 CFR 1.01-30. Nothing in the
policy letter or the guidance it contains is meant to override or limit
the discretion of the COTP when addressing the unique safety concerns
of vessels operating in polar waters.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: February 8, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-02890 Filed 2-11-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Page 63040]
[FR Doc No: 2021-24745]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4623-DR; Docket ID FEMA-2021-0001]

Montana; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Montana (FEMA-4623-DR), dated September 30,
2021, and related determinations.

DATES: The declaration was issued September 30, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 30, 2021, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Montana resulting from the Richard Spring Fire during the period
of August 8 to August 20, 2021, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Montana.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

The Federal Emergency Management Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the Administrator, under Executive
Order 12148, as amended, Alana B. Kuhn, of FEMA is appointed to act as
the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Montana have been designated as
adversely affected by this major disaster:

    Rosebud County and the Northern Cheyenne Indian Reservation for
Public Assistance.
    All areas within the State of Montana are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-24745 Filed 11-12-21; 8:45 am]
BILLING CODE 9111-23-P