[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Rules and Regulations]
[Pages 68782-68790]
[FR Doc No: 2020-23970]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Parts 59 and 64

[Docket ID FEMA-2019-0016]
RIN 1660-AA92

Revisions to Publication Requirements for Community Eligibility
Status Information Under the National Flood Insurance Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This final rule modernizes regulations regarding publication
requirements of community eligibility status information under the
National Flood Insurance Program (NFIP). FEMA is replacing outdated
regulations that require publication of community loss of eligibility
notices in the Federal Register with a requirement that FEMA publish
this information on the internet or by another comparable method. FEMA
is also replacing its requirement that the agency maintain a list of
communities eligible for flood insurance in the Code of Federal
Regulations with a requirement that FEMA publish this list on the
internet or by another comparable method.

DATES: This rule is effective December 2, 2020.

ADDRESSES: The docket for this rulemaking is available for inspection
using the Federal eRulemaking Portal at http://www.regulations.gov and
can be viewed by following that website's instructions.

FOR FURTHER INFORMATION CONTACT: Adrienne Sheldon, Supervisory
Emergency Management Specialist, Floodplain Management Division,
Federal Insurance and Mitigation Administration, Federal Emergency
Management Agency, 400 C Street SW, Washington, DC 20472,
<EMAIL_ADDRESS>(202) 674-1087.

SUPPLEMENTARY INFORMATION:

I. Background and Discussion of the Rule

    The National Flood Insurance Act of 1968, as amended (NFIA), Title
42 of the United States Code (U.S.C.) 4001 et seq., authorizes the
Administrator of FEMA to establish and carry out the National Flood
Insurance Program (NFIP) to enable interested persons to purchase
insurance against loss resulting from

physical damage to or loss of property arising from floods in the
United States.\1\ Under the NFIA, FEMA may only grant flood insurance
to properties within communities that have adopted and that enforce
adequate land use and control measures that regulate floodplains.\2\
The statute authorizes FEMA to develop land use criteria consistent
with requirements laid out in the NFIA and to encourage the adoption
and enforcement of State and local measures implementing those
criteria.\3\ FEMA floodplain management regulations governing community
eligibility for participation in the NFIP are located at 44 CFR parts
59, 60, and 64.
---------------------------------------------------------------------------

    \1\ See 42 U.S.C. 4011(a).
    \2\ See 42 U.S.C. 4022(a)(1).
    \3\ See 42 U.S.C. 4102(c).
---------------------------------------------------------------------------

    FEMA regulations at 44 CFR 60.3, 60.4, and 60.5 contain land use
measures for floodplain management. If a community fails to demonstrate
to FEMA that it meets these requirements, or decided to withdraw from
the NFIP, FEMA may initiate probation, suspension, or withdrawal
procedures as described in 44 CFR 59.24. In the case of a loss of
eligibility, for instance if a community is suspended for failing to
enforce its floodplain regulations, FEMA notifies the community of the
upcoming loss directly and gives the community an opportunity to
correct the deficiency that triggered the procedures. In cases of loss
of eligibility, FEMA publishes a notice of the upcoming loss of
eligibility in the Federal Register as required by 44 CFR 59.24.
    NFIP regulations at 44 CFR 64.6 provide a list of communities where
the sale of flood insurance under the NFIP is authorized as set forth
in Subpart B, ``Eligibility Requirements,'' to part 59 of the
regulations. Due to the large number of communities eligible for flood
insurance and the relative frequency to changes to community
eligibility, maintaining a list of communities in FEMA's regulations is
not feasible; however, FEMA meets this requirement by publishing the
updated list of communities through periodic final rules in the Federal
Register. FEMA last published an updated list in the Federal Register
in August 2006.
    On February 12, 2020, FEMA published a Notice of Proposed
Rulemaking (NPRM) (85 FR 7902) proposing to make two changes to its
regulations regarding publication requirements of community eligibility
status information under the NFIP. The NPRM proposed to replace
outdated regulations that require publication of community loss of
eligibility notices in the Federal Register with a requirement that
FEMA publish the information on the internet or other comparable
method. The NPRM also proposed to replace the requirement that the
agency maintain a list of communities eligible for flood insurance in
the Code of Federal Regulations (CFR) with a requirement that FEMA
publish this list on the internet or other comparable method. The NPRM
explained FEMA would transition to the new form of publication by first
publishing brief notices monthly in the Federal Register for six months
after the effective date of the final rule.
    The NPRM solicited public comment on these proposed changes. FEMA
received six comments related to the rulemaking. In this final rule,
FEMA adopts the changes it proposed in the NPRM, with clarifications in
consideration of the related comments. FEMA describes these changes
below.

II. Summary and Discussion of Public Comments

    Of the six comments FEMA received related to this rulemaking, five
were generally in support of the proposed changes in the NPRM and one
was neutral. Three members of the public [FEMA-2019-0016-0003, FEMA-
2019-1660-0007, and FEMA-2019-0016-0002] expressed their support for
the rule generally. One member of the public [FEMA-2019-0016-0003]
stated she was supportive of the move to an online notification process
and also of the proposed transition period in the NPRM while another
member of the public [FEMA-2019-1660-0007] expressed support for the
changes and noted that the NRPM aligned with OMB M-19-21 regarding a
transition to electronic records and other such Federal Government
initiatives. A third member of the public [FEMA-2019-0016-0002]
expressed general support for the changes. The Association of State
Floodplain Managers (ASFPM) [FEMA-2016-0016-0006] expressed support for
the changes, as did the Massachusetts Department of Conservation and
Recreation [FEMA-2019-1600-0004].

A. The Community Status Book (CSB)

    Three commenters provided feedback on the use of the CSB. One
anonymous commenter [FEMA-2019-0016-0005] stated a need to include
communities that are not mapped in a Special Flood Hazard Area (SFHA)
and not participating in the NFIP in the CSB. The commenter opined that
the absence of these communities from the list of communities not
participating in the NFIP created confusion for everyday users and
required them to reach out to additional resources which undermines the
cost savings proposed in the rule. FEMA respectfully disagrees with the
commenter. The statute requires FEMA to develop minimum floodplain
management criteria to ``(1) constrict the development of land which is
exposed to flood damage where appropriate, (2) guide the development of
proposed construction away from locations which are threatened by flood
hazards, (3) assist in reducing damage caused by floods, and (4)
otherwise improve the long-range land management and use of flood-prone
areas.'' \4\ FEMA is required to focus NFIP floodplain management
efforts on communities with flood-prone or special flood hazard areas.
Consistent with the statutory requirement, the CSB provides a list of
those communities participating in the NFIP and those communities not
participating in the NFIP when those communities are in a currently
mapped flood risk area. Some communities that do not have special flood
hazard areas may still participate in the NFIP. The statutory language
allows any state or area (or subdivision thereof) to participate if
they have expressed an interest in participating and have adopted the
required land use and control measures ``consistent with the
comprehensive criteria for land management and use'' required by the
statute and regulatory framework.\5\ Such participation is voluntary
and those communities are captured in the CSB as participating
communities. It would be impractical and inappropriate for FEMA to
include communities that are not in special flood hazard areas that are
not participating in the NFIP program in the CSB. Including those
communities in the CSB would not be consistent with its purpose--to
provide the status of those communities participating in the NFIP.
ASFPM [FEMA-2019-0016-0006] requested that FEMA develop a second tool
to compare to the CSB to determine which communities are eligible,
providing a mechanism for users to find communities not otherwise found
in the CSB. As explained above, if a community is eligible and
participating, the community is listed as a participating community in
the CSB. If the community is suspended from participating in the NFIP,
that community is also listed in the CSB as a community not
participating in the NFIP along with other communities that contain
identified flood hazard areas that have either withdrawn from or have
not yet participated in the NFIP. The NFIP is a voluntary program. FEMA

would not have knowledge of those communities that do not contain
special flood hazard areas and would otherwise be eligible for the
program, which requires that they have land use authority, unless those
communities apply for the NFIP. Finally, a member of the public [FEMA-
2019-0016-0002] suggested that FEMA make the CSB easy to search and
access if the rule is to be finalized. FEMA appreciates the comment and
will add instructions to the main CSB page on www.fema.gov on how to
search the CSB.
---------------------------------------------------------------------------

    \4\ 42 U.S.C. 4102.
    \5\ 42 U.S.C. 4012.
---------------------------------------------------------------------------

B. Outreach

    ASFPM also requested that FEMA develop and implement an outreach
plan to message changes to the publication process and improve
awareness of the CSB. The commenter recommended FEMA coordinate with
state and local partners on this outreach effort, to update printed and
online materials regarding process, and to provide accommodations for
those that cannot access information online. As explained in the NPRM,
FEMA will continue to publish notices in the Federal Register for six
months after the effective date of this rule to notify communities of
their NFIP status to allow communities to adjust to the changed process
as part of the ongoing outreach efforts. The notices will contain
information on how to access community status information so that the
public will become familiar with the new process. Additionally, FEMA
will utilize www.fema.gov to provide notifications to communities of
their status with information on how individuals can check their
community status during and after the transition period. In the
required notification letters FEMA sends to impacted communities
notifying them of potential suspensions 90 days and 30 days prior to
final suspension, FEMA will provide information on how the notification
process will transition to the CSB and www.fema.gov respectively. The
agency will also ensure outreach to notify other stakeholders of these
changes through webinars, printed materials, and other information
posted on www.fema.gov for flood insurance agents and the public.
Individuals without internet access will be able to contact their local
floodplain management official and/or State NFIP Coordinating Office
directly for assistance.
    Additionally, the Massachusetts Department of Conservation and
Recreation [FEMA-2019-1600-0004] commented that FEMA must continue to
notify state NFIP coordinating offices in a timely manner of
communities which have become ineligible to participate in the program.
FEMA intends to continue the current practice of notifying state
coordinators of community suspensions and this final rule will not
impact that practice.

C. Other Methods of Notice

    One member of the public [FEMA-2019-1660-0003] suggested
broadcasting community status information through TV commercials,
social media, and/or billboards in the impacted community to raise
awareness. FEMA appreciates the commenter's desire to ensure
stakeholders are notified of community status changes and the agency's
goal is to ensure the public continues to have the most current
community status information available. Some of the suggestions would
result in additional costs and would not necessarily result in
sufficient or immediate access to the information that the final rule
changes provide. Additionally, the commenter's suggestion to utilize
social media strategies to educate the public on the new process and of
suspensions, such as using Twitter and other social media platforms is
not an appropriate use of FEMA's social media tools. Notices of NFIP
community status are routine and not suited to social media platforms
that are more focused on communicating materials regarding the Agency's
mission, including disaster preparedness, mitigation, and response and
recovery to stakeholders. FEMA will provide this notice to the public
by publishing links to www.fema.gov information on community
suspensions as proposed.
    Finally, another member of the public [FEMA-2019-1660-0007]
recommended a major revision to the agency's website. The comment noted
that the current www.fema.gov had far too many topics in the navigation
bar, which were not in any logical order and were overwhelming to the
user. The commenter requested a more user-friendly experience when
using FEMA's website and more search function versatility. FEMA
appreciates the comment. FEMA recently completed updates to its website
pursuant to the passage of the 21st Century Integrated Digital
Experience Act.\6\ The revamped website provides more user
functionality, including a section of the website dedicated to
floodplain management.
---------------------------------------------------------------------------

    \6\ 21st Century Integrated Digital Experience Act (21st Century
IDEA), Public Law 115-336, 132 Stat. 5025 (2018).
---------------------------------------------------------------------------

III. Summary of Changes

    The final rule removes the requirements contained in 44 CFR
59.24(a), (c), (d), and (e) that community loss of eligibility notices
be published in the Federal Register and adds a requirement that FEMA
publish the notices on the internet or by another comparable method.
FEMA will store these notices on its website for a minimum of one year
after the notices are issued, so that they are easily available to all
interested parties. These notices will be available in the CSB area of
the website and the CSB will also be updated regularly to reflect
current community status information. The standard URL link for the CSB
is https://www.fema.gov/national-flood-insurance-program-community-status. After removal from FEMA's public-facing website, the agency
will retain copies of the notices in accordance with all statutory and
regulatory requirements. Note that changes to the community's status
will be reflected in the updated CSB so that individuals can always
find the current status of their community.
    Second, 44 CFR 64.6 is revised to remove the requirement that FEMA
maintain a list of communities eligible for flood insurance under the
NFIA in the CFR. Instead, the final rule requires publication and
maintenance of the list on the internet or through another comparable
method. As explained in the NPRM, FEMA will continue to maintain an
online CSB, providing a list of communities that are, and are not,
eligible for flood insurance under the NFIP. These changes do not
impact the other notification requirements found at 44 CFR 59.24. To
aid in the transition to the new form of publication, FEMA will publish
brief notices monthly in the Federal Register for six months, after the
effective date of this rule, alerting stakeholders to the change, and
letting them know where to go to access community status information.
The agency will also complete various outreach activities, including
notifications to impacted communities as part of the 90-day and 30-day
letters they receive during the suspension process, updated process
information to state and local partners, and webinars and other
materials for flood insurance agents and the public.

IV. Regulatory Analysis

A. Executive Orders 12866, ``Regulatory Planning and Review'', 13563,
``Improving Regulation and Regulatory Review'', and 13771, ``Reducing
Regulation and Controlling Regulatory Costs''

    Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
1. Need for Regulatory Action
    Under the NFIA, FEMA may only grant flood insurance to properties
within communities that have adopted adequate land use and control
measures.\7\ Pursuant to this statutory direction, FEMA has adopted
regulations governing community eligibility for participation in the
NFIP at 44 CFR parts 59, 60, and 64. These regulations include
requirements that a community follow certain steps to retain
eligibility for the NFIP. If a community fails to follow these
requirements or decides to withdraw from the NFIP, FEMA initiates loss
of eligibility procedures as described in 44 CFR 59.24 and publishes a
notice of the upcoming loss of eligibility in the Federal Register. In
addition, 44 CFR 64.6 states that flood insurance under the NFIP is
authorized for communities set forth under Section 64.6 of the
regulations, requiring FEMA to maintain a list of eligible communities
in the CFR.
---------------------------------------------------------------------------

    \7\ See 42 U.S.C. 4022(a)(1).
---------------------------------------------------------------------------

    FEMA is making two changes to the current regulations.
    First, FEMA will remove the requirement pursuant to Sec.  59.24(a),
(c), (d), and (e) to publish community loss of eligibility notices in
the Federal Register. In lieu of publication in the Federal Register,
the rule requires that these notices be published on the internet or by
another comparable method. To aid in the transition, FEMA will publish
brief notices in the Federal Register for 6 months after the effective
date of the final rule, alerting stakeholders to the change.
    Second, FEMA is removing the requirement pursuant to Sec.  64.6
that FEMA maintain a list of eligible communities in the CFR. In lieu
of this requirement, the final rule will require FEMA to publish and
maintain a list of eligible communities on the internet or through
another comparable method.
    These two changes will result in reduced FEMA expenditures, largely
by reducing costs associated with Federal Register publication. The
changes to Sec.  59.24 will also provide faster and more user-friendly
access to community loss of eligibility information by requiring
publication of the notices online instead of in the Federal Register.
In addition, these changes direct FEMA to consolidate community status
information into one location, allowing stakeholders to have more
streamlined access to community status-related information.
2. Baseline
Requirement To Publish Community Loss of Eligibility Notices in the
Federal Register
    Community loss of eligibility notices were published a total of 246
times in the Federal Register from 2010 to 2019. Based on data from
these notices, FEMA calculates that on average, from 2007 to 2016, the
notices were published about 25 times per year, rounded to the nearest
whole number (246 / 10 = 24.6. 24.6 rounded to the nearest whole number
= 25).
Requirement To Publish the List of Eligible Communities in the CFR
    With respect to the requirement for FEMA to maintain a list of
eligible communities in the CFR, FEMA notes that it currently maintains
this list online in the Community Status Book rather than in the
CFR.\8\ In addition, FEMA prepares quarterly reports in an attempt to
comply with the publication requirement contained in Sec.  64.6. The
quarterly preparation burden is approximately 15 hours per quarter at a
cost of $80 per hour, for a total of $4,800 each year (15 hours per
quarter x $80 per hour x 4 quarters a year).\9\ FEMA has not published
the quarterly reports in the CFR since 2006 due to the recurring costs
involved, and the ability to maintain a more up-to-date list, since the
CFR is only updated annually.
---------------------------------------------------------------------------

    \8\ The Community Status Book is available for public viewing at
https://www.fema.gov/national-flood-insurance-program-community-status-book.
    \9\ Hourly rates derived from FEMA estimates based on prior
contracting benchmarks for this service.
---------------------------------------------------------------------------

3. Costs
Community Loss of Eligibility Notices: Internet Publication Costs
    As a substitute for publishing the required community loss of
eligibility notices in the Federal Register, this final rule requires
FEMA to publish community loss of eligibility notices online. FEMA
currently maintains a public website (www.fema.gov) where similar
notices, bulletins, and updates from across the agency are published
for public consumption. While there is no direct cost to adding
individual web pages or sections to the site, publishing community loss
of eligibility notices online creates labor costs for staff that need
to develop a template to format and process the notices for web
publication.
    FEMA recently completed a website re-design that included more
versatile search functionality for the user, a more standardized look
and feel, increased search engine optimization, and better capture of
meta-data. FEMA anticipated the use of this re-design in the analysis
of this final rule. Development of this publication process for online
notices will be labor intensive at the beginning. Once a template is
created, each update will be less labor intensive than the current
practice.
    FEMA staff expect it will take approximately 3 days of labor (24
hours) of a General Schedule (GS) Federal employee in the National
Capital Region, at the GS-14 Step 5 level ($63.64 hourly wage),\10\ to
establish the publication process under the redesign. After the
publication process is established, FEMA anticipates that it

will take a GS-14 employee approximately thirty minutes per future
publication.
---------------------------------------------------------------------------

    \10\ Office of Personnel Management, 2019, Washington-Baltimore-
Arlington-DC-MD-VA-WV-PA, Hourly Rate, GS-14, Step 5. Available at
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/DCB_h.pdf.
---------------------------------------------------------------------------

    The average 25 notices per year result in a burden to FEMA of
$3,392 the first year (($63.64 for GS 14 Step 5 wage x 1.46) \11\ x (24
hours of work + (0.5 hour of work x 25 notices per year))) and $1,162
each subsequent year (($63.64 for GS 14 Step 5 wage x 1.46) x (0.5 hour
of work x 25 notices per year)) for a 10-year total of $13,850.
---------------------------------------------------------------------------

    \11\ Bureau of Labor Statistics, Employer Costs for Employee
Compensation, Table 1. ``Employer costs per hour worked for employee
compensation and costs as a percent of total compensation: Civilian
workers, by major occupational and industry group, March 2019.''
Available at http://www.bls.gov/news.release/archives/ecec_06182019.pdf. Accessed June 24, 2020. The wage multiplier is
calculated by dividing total compensation for all workers of $36.77
by wages and salaries for all workers of $25.22 per hour yielding a
benefits multiplier of approximately 1.46.

                                       Table 1--Internet Publication Costs
----------------------------------------------------------------------------------------------------------------
                                            Initial internet   Recurrent internet
                   Year                    publication burden      publication      Internet  publication  cost
                                                 (hours)         burden  (hours)
                                                          (a)   (b) = (0.25 x 25)      (c) = (a x b) x ($63.64 x
                                                                                1.46)
----------------------------------------------------------------------------------------------------------------
1........................................                  24                12.5                         $3,392
2........................................  ..................                12.5                          1,162
3........................................  ..................                12.5                          1,162
4........................................  ..................                12.5                          1,162
5........................................  ..................                12.5                          1,162
6........................................  ..................                12.5                          1,162
7........................................  ..................                12.5                          1,162
8........................................  ..................                12.5                          1,162
9........................................  ..................                12.5                          1,162
10.......................................  ..................                12.5                          1,162
                                          ----------------------------------------------------------------------
    Total................................                  24                12.5                         13,850
----------------------------------------------------------------------------------------------------------------

Community Loss of Eligibility Notices: Transition/Phase-Out Costs
    Upon publication of this final rule, FEMA will aid in the
transition from the publication of community loss of eligibility
notices in the Federal Register to their posting on FEMA's website by
publication of transitional announcements in the Federal Register.
These announcements will alert stakeholders of the new location of
these notices and they would be concise and tailored to notify
stakeholders of the FEMA web address where the community loss of
eligibility notices can be found. FEMA expects these transitional
announcements to publish once a month for a 6-month phase-out period
following the effective date of the rule.
Community Status Report: Cost Savings
    FEMA is removing the requirement pursuant to Sec.  64.6 that FEMA
maintain an updated list of eligible communities in the CFR. FEMA does
not currently publish updates to the list of communities eligible for
flood insurance in the CFR and already maintains an online Community
Status Book containing this information.\12\ FEMA prepares quarterly
reports on the current lists of communities in order to comply with the
regulation. These reports are available upon stakeholder request,
although they are not published. Modifying the regulations to eliminate
the requirement to publish the list in the CFR in favor of publishing
the notices in the same location as the community status list that is
already maintained on FEMA's website (the Community Status Book)
eliminates the preparation of these lists and saves the quarterly
preparation burden of approximately 15 hours per quarter at $80 per
hour,\13\ yielding a cost savings of $4,800 ($80 per hour x 15 hours
per quarter x 4 quarters a year) annually. This revision will save FEMA
costs without affecting policyholders or other stakeholders.
---------------------------------------------------------------------------

    \12\ The Community Status Book is available for public viewing
at https://www.fema.gov/national-flood-insurance-program-community-status-book.
    \13\ Hourly rates derived from FEMA estimates based on prior
contracting benchmarks for this service.

                                            Table 2--Net Cost Savings
----------------------------------------------------------------------------------------------------------------
                                     Internet        Community
              Year                  publication    status report     Net cost        NPV at 3%       NPV at 7%
                                       cost        cost savings       savings
----------------------------------------------------------------------------------------------------------------
1...............................          $3,392         -$4,800         -$1,408         -$1,367         -$1,315
2...............................           1,162          -4,800          -3,638          -3,429          -3,178
3...............................           1,162          -4,800          -3,638          -3,329          -2,970
4...............................           1,162          -4,800          -3,638          -3,232          -2,775
5...............................           1,162          -4,800          -3,638          -3,138          -2,594
6...............................           1,162          -4,800          -3,638          -3,047          -2,424
7...............................           1,162          -4,800          -3,638          -2,958          -2,266
8...............................           1,162          -4,800          -3,638          -2,872          -2,117
9...............................           1,162          -4,800          -3,638          -2,788          -1,979
10..............................           1,162          -4,800          -3,638          -2,707          -1,849
                                 -------------------------------------------------------------------------------
    Total.......................          13,850         -48,000         -34,150         -28,868         -23,468
                                 -------------------------------------------------------------------------------
    Annualized..................  ..............  ..............  ..............          -3,384          -3,341
----------------------------------------------------------------------------------------------------------------

    The net cost savings expected from this rulemaking are presented in
Table 2. The up-front transition costs are only expected to take place
in Year 1, thus the cost savings expected over the subsequent years are
not impacted. For the 10-year period analyzed, the estimated quantified
discounted total cost savings at 7 and 3 percent are $23,468
(annualized at $3,341) and $28,868 (annualized at $3,384),
respectively.
4. Benefits
    Revising 59.24 to eliminate the Federal Register publication
requirements allows FEMA to be more agile and timely in updating
community status information. In contrast, continued updates through
the Federal Register would be slower, more expensive to FEMA, and
present the information in a format that is less accessible to
stakeholders.
    In addition, making this change to 59.24, and updating FEMA's
regulations in Sec.  64.6, will locate all information related to
community status and eligibility for flood insurance in one place that
is well-known by stakeholders. This consolidation would improve the
ease and efficiency of locating community status and eligibility
information for stakeholders and for FEMA.
5. Transfers
    Transfer payments are monetary payments from one group to another
that do not affect total resources available to society. There are no
anticipated transfer payments resulting from this final rule.
6. Alternatives Considered
    FEMA considered continuing with their current method to publish the
community loss of eligibility notices in the Federal Register. This
would have taken more time to publish changes and updates. However,
stakeholders would know where to access the information since the
location of information would not change.
    FEMA also considered the suggestion of one of the commenters about
broadcasting the community status information through TV commercials,
social media, or billboards in the impacted community to raise
awareness. Some of these suggestions would result in additional costs
and would not necessarily result in sufficient or immediate access to
the information that the final rule changes provide. Additionally,
notices of NFIP community status are routine and not suited to social
media platforms that are more focused on communicating materials
regarding the Agency's mission, including disaster preparedness,
mitigation, and response and recovery to stakeholders.
7. Summary
    Table 3 provides the A-4 accounting summary.

                                        Table 3--A-4 Accounting Statement
                                                     [2019$]
----------------------------------------------------------------------------------------------------------------
                                                                                Source citation
                      Category                        7 Percent discount  3 Percent discount    (RIA, preamble,
                                                             rate                rate                etc.)
----------------------------------------------------------------------------------------------------------------
                                                    Benefits
----------------------------------------------------------------------------------------------------------------
Annualized Monetized................................                  $0                  $0  ..................
Annualized Quantified...............................                 N/A                 N/A  ..................
                                                     -----------------------------------------------------------
Qualitative.........................................   Allows FEMA to be more agile                  RIA
                                                      and timely in updating community
                                                      status information
                                                       Improve the ease and
                                                      efficiency of locating community
                                                      status and eligibility information
----------------------------------------------------------------------------------------------------------------
                                                      Costs
----------------------------------------------------------------------------------------------------------------
Annualized Monetized................................             -$3,341             -$3,384                 RIA
Annualized quantified...............................                 N/A                 N/A  ..................
                                                     -----------------------------------------------------------
Qualitative.........................................                    N/A                   ..................
----------------------------------------------------------------------------------------------------------------
                                                    Transfers
----------------------------------------------------------------------------------------------------------------
Annualized Monetized $millions/year.................                 N/A                 N/A  ..................
----------------------------------------------------------------------------------------------------------------
From/To.............................................  N/A                                     ..................
----------------------------------------------------------------------------------------------------------------
                                                     Effects
----------------------------------------------------------------------------------------------------------------
State, Local, and/or Tribal Government..............  None                                    ..................
Small business......................................  None                                    ..................
Wages...............................................  None                                    ..................
Growth..............................................  None                                    ..................
----------------------------------------------------------------------------------------------------------------

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities. The term ``small entities'' comprises
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000. This
rule does not directly impact any small entities. This rule only
changes how FEMA shares loss of community

eligibility notices and community status information.
    FEMA used the U.S. Census Bureau's 2017 Census of Government \14\
to estimate the number of small government jurisdictions in the United
States. According to the U.S. Census, there are 38,779 jurisdictions
consisting of counties, municipalities, and townships within the United
States. Among these, 35,748 would qualify as small government
jurisdictions, which would equate to 92.2 percent of all U.S.
governmental jurisdictions. Applying this percentage to the 22,490
communities currently participating in the National Flood Insurance
Program (NFIP) \15\ results in an estimated 20,736 small governmental
jurisdictions. Individual policyholders are not considered small
entities.
---------------------------------------------------------------------------

    \14\ See U.S. Census Bureau, ``2017 Census of Governments, Local
Governments by Type and State 2017,'' Table 2, April 25, 2019,
available at: https://www2.census.gov/programs-surveys/gus/tables/2017/cog2017_cg1700org02.zip?#. Accessed June 25, 2020.
    \15\ The number of NFIP communities is derived from ``The
National Flood Insurance Program Community Status Book,'' Page 478,
located at https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book.
---------------------------------------------------------------------------

    FEMA believes this rule would not impose any direct costs on small
entities and would allow easier access to information about flood
insurance eligibility. Accordingly, FEMA certifies that this rule will
not have a significant economic impact on a substantial number of small
entities. FEMA requested comments as to the impact that the NPRM would
have on small governmental jurisdictions; no comments were received.
1. Unfunded Mandates Reform Act of 1995
    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504,
1531-1536, 1571, pertains to any rulemaking which is likely to result
in the promulgation of any rule that includes a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million (adjusted
annually for inflation) or more in any one year. If the rulemaking
includes a Federal mandate, the Act requires an agency to prepare an
assessment of the anticipated costs and benefits of the Federal
mandate. The Act also pertains to any regulatory requirements that
might significantly or uniquely affect small governments. Before
establishing any such requirements, an agency must develop a plan
allowing for input from the affected governments regarding the
requirements.
    FEMA has determined that this rulemaking will not result in the
expenditure by State, local, and Tribal governments, in the aggregate,
nor by the private sector, of $100,000,000 or more in any one year as a
result of a Federal mandate, and it will not significantly or uniquely
affect small governments. Therefore, no actions are deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
2. Paperwork Reduction Act of 1995
    Under the Paperwork Reduction Act of 1995 (PRA), as amended, 44
U.S.C. 3501-3520, an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless the
agency obtains approval from the Office of Management and Budget (OMB)
for the collection and the collection displays a valid OMB control
number. See 44 U.S.C. 3506, 3507. FEMA collects community information
for the purposes of application to the NFIP under OMB Control Number
1660-0004, Application for Participation in the National Flood
Insurance Program (NFIP).\16\ However, FEMA has determined that this
rulemaking does not impact this information collection or any other
collection of information under the PRA.
---------------------------------------------------------------------------

    \16\ See 44 CFR 59.22 for a description of the information
collected.
---------------------------------------------------------------------------

3. Privacy Act/E-Government Act
    Under the Privacy Act of 1974, 5 U.S.C. 552a, an agency must
determine whether implementation of a proposed regulation will result
in a system of records. A ``record'' is any item, collection, or
grouping of information about an individual that is maintained by an
agency, including, but not limited to, his/her education, financial
transactions, medical history, and criminal or employment history and
that contains his/her name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as a finger or
voice print or a photograph. See 5 U.S.C. 552a(a)(4). A ``system of
records'' is a group of records under the control of an agency from
which information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. See id. section 552a(a)(5). An agency cannot disclose
any record which is contained in a system of records except by
following specific procedures.
    The E-Government Act of 2002, 44 U.S.C. 3501 note also requires
specific procedures when an agency takes action to develop or procure
information technology that collects, maintains, or disseminates
information that is in an identifiable form. This Act also applies when
an agency initiates a new collection of information that will be
collected, maintained, or disseminated using information technology if
it includes any information in an identifiable form permitting the
physical or online contacting of a specific individual.
    In accordance with DHS policy, FEMA has completed a Privacy
Threshold Analysis (PTA) for this rule. DHS determined that this
rulemaking is not privacy sensitive, as it does not affect the
information collected about an individual. FEMA's original collection
and maintenance of NFIP related personally identifiable information has
coverage under the DHS/FEMA-003-National Flood Insurance Program Files,
79 FR 28747 (May 19, 2014) System of Records Notice and the DHS/FEMA/
PIA--011 National Flood Insurance Program Information Technology System
Privacy Impact Assessment. Therefore, this rulemaking does not require
coverage under an existing or new Privacy Impact Assessment or System
of Records Notice.
4. Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
    Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' 65 FR 67249, (Nov. 9, 2000), applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Under this Executive Order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal government, or the agency
consults with Tribal officials.
    Nor, to the extent practicable by law, may an agency promulgate a
regulation that has Tribal implications and preempts Tribal law, unless
the agency consults with Tribal officials. Although Tribes that meet
the NFIP eligibility criteria can participate in the NFIP in

the same manner as communities,\17\ FEMA has reviewed this final rule
under Executive Order 13175 and has determined that the rule does not
have a substantial direct effect on one or more Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. This final rule modernizes notice
requirements for community loss of eligibility information and
community status information: therefore, the changes in this rule do
not substantially or disproportionately affect Indian Tribal
governments acting as communities under the NFIP.
---------------------------------------------------------------------------

    \17\ Although the NFIP does not explicitly reference Tribal
Governments, FEMA includes Tribal nations in its definition of a
community. See 44 CFR 59.1.
---------------------------------------------------------------------------

5. Executive Order 13132, ``Federalism''
    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
sets forth principles and criteria that agencies must adhere to in
formulating and implementing policies that have federalism
implications, that is, regulations 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.'' For the
purposes of this Executive Order, the term States also includes local
governments or other subdivisions established by the States. Under this
Executive Order, Federal agencies must closely examine the statutory
authority supporting any action that would limit the policymaking
discretion of the States. Further, to the extent practicable and
permitted by law, no agency shall promulgate any regulation that has
federalism implications, that imposes substantial direct compliance
costs on State and local governments, and that is not required by
statute, unless the Federal Government provides funds necessary to pay
the direct costs incurred by the State and local governments in
complying with the regulation, or the agency consults with State and
local officials. Nor, to the extent practicable by law, may an agency
promulgate a regulation that has federalism implications and preempts
State law, unless the agency consults with State and local officials.
    FEMA has reviewed this rule under Executive Order 13132 and has
determined that it does not 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, and therefore does not have federalism
implications as defined by the Executive Order. This rule modernizes
notice requirements for community status information under the NFIP;
therefore, this rule does not impact the substantive rights, roles, or
responsibilities of States, and does not limit State policymaking
discretion.
6. National Environmental Policy Act of 1969 (NEPA)
    Section 102 of the National Environmental Policy Act of 1969
(NEPA), 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.) requires
agencies to consider the impacts of their proposed actions on the
quality of the human environment. The Council on Environmental
Quality's procedures for implementing NEPA, 40 CFR 1500 et seq.,
require Federal agencies to prepare Environmental Impact Statements
(EIS) for major Federal actions significantly affecting the quality of
the human environment. Each agency can develop categorical exclusions
to cover actions that have been demonstrated to not typically trigger
significant impacts to the human environment individually or
cumulatively. Agencies develop environmental assessments (EA) to
evaluate those actions that do not fit an agency's categorical
exclusion and for which the need for an EIS is not readily apparent. At
the end of the EA process, the agency will determine whether to make a
Finding of No Significant Impact (FONSI) or whether to initiate the EIS
process.
    Rulemaking is a major Federal action subject to NEPA. Categorical
exclusions A3 included in the list of exclusion categories at
Department of Homeland Security Manual 023-01-001-01, Revision 01,
Implementation of the National Environmental Policy Act, Appendix A,
issued November 6, 2014, covers the promulgation of rules, issuance of
rulings or interpretations, and the development and publication of
policies, orders, directives, notices, procedures, manuals, and
advisory circulars if they meet certain criteria provided in A3(a-f).
This final rule meets Categorical Exclusion A3(d), ``Those that
interpret or amend an existing regulation without changing its
environmental effect.''
7. Congressional Review of Agency Rulemaking
    Under the Congressional Review of Agency Rulemaking Act (CRA), 5
U.S.C. 801-808, before a rule can take effect, the Federal agency
promulgating the rule must submit to Congress and to the Government
Accountability Office (GAO) a copy of the rule; a concise general
statement relating to the rule, including whether it is a major rule;
the proposed effective date of the rule; a copy of any cost-benefit
analysis; descriptions of the agency's actions under the Regulatory
Flexibility Act and the Unfunded Mandates Reform Act; and any other
information or statements required by relevant executive orders.
    FEMA has sent this final rule to the Congress and to GAO pursuant
to the CRA. The rule is not a ``major rule'' within the meaning of the
CRA. It will not have an annual effect on the economy of $100,000,000
or more; it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and it will not have significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.

List of Subjects

44 CFR Parts 59

    Flood insurance, Reporting and recordkeeping requirements.

44 CFR Part 64

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    For the reasons stated in the preamble, FEMA amends 44 CFR parts 59
and 64 as follows:

PART 59--GENERAL PROVISIONS

0
1. The authority citation for part 59 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

0
2. Amend Sec.  59.24 by:
0
a. Revising the fourth sentence of paragraph (a);
0
b. Revising the fourth sentence of paragraph (c);
0
c. Revising the second sentence of paragraph (d);
0
d. Revising the second sentence of paragraph (e).
    The revisions read as follows:

Sec.  59.24  Suspension of community eligibility.

    (a) * * * If, subsequently, copies of adequate flood plain
management regulations are not received by the Administrator, no later
than 30 days before the expiration of the original six month period the
Federal Insurance

Administrator shall provide written notice to the community and to the
state and assure publication of the community's loss of eligibility for
the sale of flood insurance on the internet or by another comparable
method, such suspension to become effective upon the expiration of the
six month period. * * *
* * * * *
    (c) * * * If a community is to be suspended, the Federal Insurance
Administrator shall inform it upon 30 days prior written notice and
upon publication of its loss of eligibility for the sale of flood
insurance on the internet or by another comparable method. * * *
    (d) * * * If a community is to be suspended, the Federal Insurance
Administrator shall inform it upon 30 days prior written notice and
upon publication of its loss of eligibly for the sale of flood
insurance on the internet or by another comparable method. * * *
    (e) * * * Upon receipt of a certified copy of a final legislative
action, the Federal Insurance Administrator shall withdraw the
community from the Program and publish its loss of eligibility for the
sale of flood insurance on the internet or by another comparable
method. * * *
* * * * *

PART 64--COMMUNITIES ELIGIBLE FOR THE SALE OF INSURANCE

0
3. The authority citation for part 61 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.

0
4. Revise Sec.  61.6 to read as follows:

Sec.  64.6  List of eligible communities.

    FEMA will maintain a list of communities eligible for the sale of
flood insurance pursuant to the National Flood Insurance Program (42
U.S.C. 4001-4128). This list will be published and maintained on the
internet or through another comparable method.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-23970 Filed 10-29-20; 8:45 am]
BILLING CODE 9111-52-P


[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Page 40256]
[FR Doc No: 2022-14348]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2012-N-0559; FDA-2018-N-4206; FDA-2017-D-5225; FDA-
2018-N-3758; FDA-2018-D-4533]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at
https://www.reginfo.gov/public/do/PRAMain. 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 OMB control number.

        Table 1--List of Information Collections Approved By OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
PHS Guideline on Infectious Disease            0910-0456       6/30/2025
 Issues in Xenotransplantation..........
MDUFMA Small Business Qualification            0910-0508       6/30/2025
 Certification..........................
Foreign Supplier Verification Programs         0910-0752       6/30/2025
 for Importers of Food for Humans and
 Animals................................
Expanded Access to Investigational Drugs       0910-0814       6/30/2025
 for Treatment Use......................
Compounding Animal Drugs from Bulk Drug        0910-0904       6/30/2025
 Substances.............................
------------------------------------------------------------------------

    Dated: June 29, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-14348 Filed 7-5-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Notices]
[Pages 4515-4517]
[FR Doc No: 2014-01511]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71366; File No. SR-NYSEArca-2014-01]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.31 To Add a Minimum Execution Size Designation for
Tracking Orders and MPL-IOC Orders

January 22, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 10, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') 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 to amend NYSE Arca Equities Rule 7.31 to add
a minimum execution size designation for Tracking Orders and MPL-IOC
Orders. The text of the proposed rule change is available on the
Exchange's Web site 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend NYSE Arca Equities Rule 7.31 to
add a minimum execution size designation for Tracking Orders and MPL-
IOC Orders.
    A Tracking Order is an undisplayed, priced round lot order that is
eligible for execution in the Tracking Order Process \4\ against orders
equal to or less than the aggregate size of Tracking Order interest
available at that price. For example, if a Tracking Order to buy is
entered for 1,000 shares and a sell order enters the Tracking Order
Process for 1,200 shares at the same price, the sell order would not
execute against the buy Tracking Order because it is larger than the
size of the buy Tracking Order.
---------------------------------------------------------------------------

    \4\ See NYSE Arca Equities Rules 7.31(f) and 7.37(c) (Order
Execution). The Tracking Order Process is available during Core
Trading Hours only, during which orders may be matched and executed
in the Tracking Order Process as follows: If an order has not been
executed in its entirety pursuant to the Directed Order, Display
Order or Working Order processes, the NYSE Arca Marketplace shall
match and execute any remaining part of the order in the Tracking
Order Process in price/time priority, except that (1) any portion of
an order received from another market center or market participant
shall be cancelled immediately, and (2) an incoming ISO order shall
not interact with the Tracking Order Process.
---------------------------------------------------------------------------

    An MPL Order is a type of Working Order that has conditional or
undisplayed price and/or size. As set forth in NYSE Arca Equities Rule
7.31(h)(5), an MPL Order is a Passive Liquidity Order that is priced at
the midpoint of the PBBO and does not trade through a Protected
Quotation. An MPL Order has a minimum order entry size of one share and
Users may specify a minimum executable size for an MPL Order, which
must be no less than one share. If an MPL Order has a specified minimum
executable size, it will execute against an incoming order that meets
the minimum executable size and is priced at or better than the
midpoint of the PBBO. If the leaves quantity becomes less than the
minimum size, the minimum executable size restriction will no longer be
enforced on executions.
    As set forth in NYSE Arca Equities Rule 7.31(h)(6), an MPL-IOC
Order is an MPL Order priced at the midpoint of the PBBO when entered
that follows the time-in-force instructions of an immediate-or-cancel
order. An MPL-IOC Order follows the same execution and priority rules
as an MPL Order, provided, however, (i) an MPL-IOC Order shall have a
minimum order entry size of one round lot, (ii) Users may not specify a
minimum executable size for an MPL-IOC Order, and (iii) if the market
is locked or crossed, the MPL-IOC Order will cancel.
    The Exchange proposes to amend Rule 7.31(f) to add optional
functionality so that the ETP Holder may designate a minimum execution
size for a Tracking Order. For example, if an ETP Holder that submits a
Tracking Order to buy for 1,000 shares sets a minimum quantity of 200
shares, that Tracking Order will only execute against eligible contra-
side interest that is 200 to 1,000 shares in size at the same price. As
proposed, if the Tracking Order with a minimum size requirement is
executed but not exhausted and the remaining portion of the Tracking
Order is less than the minimum size requirement, the Exchange would
cancel the Tracking Order. So if the Tracking Order for 1,000 shares
has a minimum quantity of 200 shares, and receives an execution of 900
shares, because the remaining portion (100 shares) is less than the
minimum execution quantity, it would be cancelled.
    The Exchange also proposes to amend NYSE Arca Equities Rule
7.31(h)(6) to delete that Users may not specify a minimum executable
size for an MPL-IOC Order. As proposed, an MPL-IOC Order will operate
in the same manner as a regular MPL Order with respect to the ability
to specify a minimum executable size. Because such order also includes
the immediate-or-cancel time-in-force condition, if the contra-side
available liquidity does not meet the minimum executable size
designated for the MPL-IOC Order, the MPL-IOC Order will immediately
cancel. The Exchange is proposing to make this change because it now
has the technological capability to enable Users to specify a minimum
executable size for MPL-IOC Orders, thereby reducing one of the
differences between regular MPL Orders and MPL-IOC Orders.
    The Exchange believes that providing ETP Holders with the option to
designate a minimum quantity for additional non-displayed order types
will promote the entry of liquidity at the Exchange because ETP Holders
entering such orders will be assured of obtaining a larger-sized
execution. With respect to Tracking Orders, the Exchange believes that
the proposed rule change could attract ETP Holders that are seeking
larger executions to enter Tracking Orders because by designating a

minimum quantity, the submitting ETP Holder would be assured that they
are not traded against by smaller-sized interest. As noted above, the
Exchange notes that it already provides for similar functionality for
MPL Orders.\5\ The one difference between the proposed functionality
for Tracking Orders and the existing minimum quantity feature for MPL
Orders is that if a Tracking Order is reduced below the size of the
minimum quantity, the Tracking Order will cancel. The Exchange believes
that this difference is appropriate because at the Exchange, Tracking
Orders are passive liquidity of last resort at the Exchange. If an ETP
Holder seeks to add passive liquidity that does not cancel if it is
reduced below the minimum quantity designation, that ETP Holder could
enter an MPL Order, which is another form of non-displayed liquidity,
with a minimum quantity.
---------------------------------------------------------------------------

    \5\ See NYSE Arca Equities Rule 7.31(h)(5).
---------------------------------------------------------------------------

    The Exchange also proposes to clarify Rule 7.31(f) to specify that
STP modifiers, as defined in Rule 7.31(qq), are ignored for Tracking
Orders. The Exchange notes that the Exchange makes STP modifiers
available to ETP Holders on an optional basis. If, however, an ETP
Holder designates a Tracking Order with an STP modifier, Exchange
systems will ignore that modifier when processing the order. The
Exchange notes that this is current functionality and proposes to
update the rule to provide transparency regarding how order types and
optional modifiers interact. The Exchange further notes that the
functionality associated with STP modifiers was added after the
Tracking Order process was implemented and the two functions are not
currently technologically compatible.
    The Exchange will announce by Trader Update the implementation date
of the proposed change to add a minimum execution size designation for
Tracking Orders and MPL-IOC Orders.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\6\ in general, and
furthers the objectives of Section 6(b)(5),\7\ in particular, in that
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, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposal would remove impediments to
and perfect the mechanism of a free and open market and protect
investors and the public interest because it would provide an incentive
for ETP Holders seeking larger-sized executions both to post liquidity
at the Exchange using these features and to route larger-sized orders
to the Exchange because of the potential for an execution against such
liquidity. While interest with a minimum execution quantity will not
execute against arriving smaller-sized contra interest, the Exchange
does not believe that this will permit unfair discrimination among
customers, brokers, or dealers because a size designation does not
discriminate against a particular ETP Holder. Rather, the proposed
functionality would be available to all ETP Holders. The Exchange
further believes that adding an optional minimum quantity would remove
impediments to and perfect the mechanism of a free and open market
system because the proposed functionality is similar to existing
functionality available to ETP Holders with the MPL Order type, which
also permits an ETP Holder to designate a minimum execution quantity.
The proposed functionality is also similar to functionality available
at the NASDAQ Stock Market LLC (``Nasdaq'') \8\ and the New York Stock
Exchange LLC (``NYSE'').\9\ The Exchange further believes that the
proposal removes impediments to and perfects a national market system
by offering the minimum execution quantity option differently for
Tracking Orders and for MPL-IOC orders. Specifically, Tracking Orders
are non-displayed passive liquidity of last resort at the Exchange that
an order may execute against before being routed to another market. The
Exchange believes it is appropriate to provide an option for ETP
Holders seeking to provide such liquidity to not only designate a
minimum execution quantity, but for such orders to cancel if through
executions, the leaves quantity is smaller than the ETP Holder-
designated minimum execution quantity.
---------------------------------------------------------------------------

    \8\ See Nasdaq Rule 4751(d)(5) (defining a ``Minimum Quantity
Order'' as a Non-Displayed Order that will not execute unless a
specified minimum quantity of shares can be obtained).
    \9\ See NYSE Rule 13 (defining the ``IOC-MTS Order'' as an
immediate or cancel order that may include a minimum trade size
instruction).
---------------------------------------------------------------------------

    The Exchange believes that adding specificity to Rule 7.31(f) that
STP modifiers are ignored for Tracking Order [sic] removes impediments
to and perfects the mechanism of a free and open market by providing
transparency of when STP modifier protection is not available. The
Exchange notes that use of STP modifiers is optional and that ETP
Holders that enter Tracking Orders should be aware that they have
entered such interest and therefore can undertake measures other than
STP modifiers to prevent wash sales.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed amendment will not impose any burdens on competition
because the proposal would extend the availability of an existing
functionality--the optional minimum execution quantity--to an [sic]
additional non-displayed liquidity-providing order types, the Tracking
Order and the MPL-IOC Orders. The Exchange further notes that Nasdaq
already offers similar functionality for its non-displayed orders.

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 \10\ and Rule 19b-4(f)(6) thereunder.\11\
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 \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.

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

    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) of the Act \14\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-01. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-01 and should
be submitted on or before February 18, 2014.

For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01511 Filed 1-27-14; 8:45 am]
BILLING CODE 8011-01-P


August 31, 2005 Lydia Wegman, USEPA RTP Mail Code C504 01 Research Triangle Park, North Carolina 27711 RE: Comments on Draft Staff Work Paper on the Use of Air Quality Data Related to Exceptional and Natural Events for the Particulate Matter Standards Dear Ms. Wegman:

Thank you for the opportunity to review the above referenced draft staff work paper on the use of air quality data related to exceptional and natural events for particulate matter. The State of Wyoming, as a member of WESTAR, has been working for more than a year to provide recommendations on how the Natural Events Policy could be modified to function better. The workgroup recommendations that came from that effort are to be considered Wyoming's recommendations too. While certain issues contained in WESTAR's recommendations were partially covered, I would like to see an effort made to fully address all of them.

I am attaching a copy of our specific comments of the draft staff work paper for your further consideration. We are available to discuss any questions you may have regarding them.

Sincerely,

Dan Olson, Administrator Air Quality Division DO/ ms Enclosure cc: Larry Wallace Joseph W. Paisie USEPA Mailroom USEPA Mailroom Mail Code: C504 02 Mail Code: C504 02 Research Triangle Park, NC 27711 Research Triangle Park, NC 27711


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Page 5794]
[FR Doc No: 2019-03031]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85154; File No. SR-NYSEArca-2018-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Withdrawal of a Proposed Rule Change To Amend Commentary .01 to NYSE
Arca Rule 8.600-E Relating to Certain Generic Listing Standards for
Managed Fund Shares

February 15, 2019.
    On July 18, 2018, NYSE Arca, Inc. (``NYSE Arca'') 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 amend certain
generic listing standards for Managed Fund Shares. The proposed rule
change was published for comment in the Federal Register on August 7,
2018.\3\ On September 19, 2018, pursuant to Section 19(b)(2) of the
Act,\4\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to approve or disapprove
the proposed rule change.\5\ On November 1, 2018, the Commission
instituted proceedings to determine whether to approve or disapprove
the proposed rule change.\6\ On February 1, 2019, the Commission
designated a longer period for Commission action on the proceedings to
determine whether to approve or disapprove the proposed rule change.\7\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83759 (August 1,
2018), 83 FR 38753.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 84195, 83 FR 48474
(September 25, 2018).
    \6\ See Securities Exchange Act Release No. 84517, 83 FR 55773
(November 7, 2018).
    \7\ See Securities Exchange Act Release No. 85026, 84 FR 2637
(February 7, 2019).
---------------------------------------------------------------------------

    On February 14, 2019, NYSE Arca withdrew the proposed rule change
(SR-NYSEArca-2018-54).

For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\8\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03031 Filed 2-21-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11429-11430]
[FR Doc No: 2023-03723]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-2232-858]

Duke Energy Carolinas, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Amendment of license to construct debris
gate at the Rhodhiss development.
    b. Project No.: 2232-858.
    c. Date Filed: January 19, 2023.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Catawba-Wateree Hydroelectric Project.
    f. Location: The project is located on the Catawba-Wateree River in
Burke, McDowell, Caldwell, Catawba, Alexander, Iredell, Mecklenburg,
Lincoln, and Gaston counties, North Carolina, and York, Lancaster,
Chester, Fairfield, and Kershaw counties South Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r)
    h. Applicant Contact: Mr. Jeffrey G. Lineberger, Director of Water
Strategy and Hydro Licensing, Duke Energy, Mail Code EC-12Q, 526 South
Church Street, Charlotte, NC 28202,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Steven Sachs,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/doc-sfiling/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852. The first page of any filing should
include docket number P-2232-858.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Request: The applicant requests an amendment of
license to construct a 20-foot-long, 5.5-foot-high pneumatic crest gate
that would be used to pass debris at the Rhodhiss development. The gate
would be located at the left end of the spillway adjacent to the
powerhouse. The applicant estimates gate installation would take place
between September 2023 and August 2024 and does not anticipate
requiring a reservoir drawdown below the normal minimum elevation (6
feet below full pond) during construction, but may require a brief
deviation below the normal target elevation (3 feet below full pond)
lasting less than 2 weeks. Following completion of construction, the
applicant does not propose any changes to required water levels, flows,
or operations as part of its request.
    l. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at [email protected] or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should

so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a motion to intervene, or a protest in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``MOTION TO
INTERVENE'', or ``PROTEST'' as applicable; (2) set forth in the heading
the name of the applicant and the project number(s) of the application
to which the filing responds; (3) furnish the name, address, and
telephone number of the person intervening or protesting; and (4)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments, motions to intervene, or protests must set
forth their evidentiary basis. A copy of all other filings in reference
to this application must be accompanied by proof of service on all
persons listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 385.2010.

    Dated: February 16, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03723 Filed 2-22-23; 8:45 am]
BILLING CODE 6717-01-P