[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6824-6825]
[FR Doc No: 2013-02088]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0035]

Considerations Regarding Food and Drug Administration Review and
Regulation of Drugs for the Treatment of Amyotrophic Lateral Sclerosis;
Public Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public hearing; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing a public hearing to obtain input on the Agency's regulation
of drugs for the treatment and/or management of amyotrophic lateral
sclerosis (ALS). FDA is holding this public hearing to allow patients,
caregivers, advocates, health care providers, academia, industry, and
other interested persons to give their perspectives on various aspects
of the development of drugs for the treatment or management of ALS. The
input from this public hearing will help inform the work of FDA offices
that review applications for drugs for the treatment of ALS.

DATES: Public Hearing: The public hearing will be held on February 25,
2013, from 9 a.m. to 5 p.m. However, depending on the level of public
participation, the meeting may be extended or end early.
    Presentations and Comments: Submit either electronic or written
requests for oral presentations to David Banks or Steve Morin (see FOR
FURTHER INFORMATION CONTACT) by February 8, 2013. Submit electronic
comments to http://www.regulations.gov by March 25, 2013. Submit
written comments to the Division of Dockets Management (see ADDRESSES)
by March 25, 2013. Either electronic or written comments will be
accepted after the hearing until March 25, 2013.

ADDRESSES: The public hearing will be held at FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31, Rm. 1503B, Silver Spring, MD 20993-
0002. Additional information on parking and public transportation may
be accessed at http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Comments and Transcripts: Submit either electronic or written
comments to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Submit electronic comments to http://www.regulations.gov. Transcripts
of the hearing will be available for review at the Division of Dockets
Management and on the Internet at http://www.regulations.gov
approximately 45 days after the hearing.

FOR FURTHER INFORMATION CONTACT: David Banks, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5365, Silver Spring, MD 20993-0002, 301-
796-8459, Email<EMAIL_ADDRESS>or Steve Morin, Center for
Drug Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg 32, Rm. 5343, Silver Spring, MD 20993-0002, 301-
796-0161, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    ALS, sometimes called Lou Gehrig's disease, is a rapidly
progressive, invariably fatal neurological disease that attacks the
nerve cells (neurons) responsible for controlling voluntary muscles.
Messages from motor neurons in the brain (called ``upper motor
neurons'') are transmitted to motor neurons in the spinal cord (called
``lower motor neurons'') and from them to particular muscles. In ALS,
both the upper motor neurons and the lower motor neurons degenerate or
die, ceasing to send messages to muscles. Unable to function, the
muscles gradually weaken, waste away (atrophy), and twitch
(fasciculations). Eventually, the ability of the brain to start and
control voluntary movement is lost.
    ALS causes weakness with a wide range of disabilities. Eventually,
all muscles under voluntary control are affected, and patients lose
their strength and the ability to move their arms, legs, and body. When
muscles in the diaphragm and chest wall fail, patients lose the ability
to breathe without ventilatory support. Most people with ALS die from
respiratory failure, usually within 3 to 5 years from the onset of
symptoms. However, about 10 percent of ALS patients survive for 10 or
more years.
    As many as 20,000 people in the United States have ALS, and an
estimated 5,000 people in the United States are diagnosed with the
disease each year. People of all races and ethnic backgrounds are
affected. ALS most commonly strikes people between 40 and 60 years of
age, but younger and older people also can develop the disease.
    In 90 to 95 percent of all ALS cases, the disease occurs apparently
at random with no clearly associated risk factors. Patients do not have
a family history of the disease, and their family members are not
considered to be at increased risk for developing ALS.
    No cure has yet been found for ALS. However, several years ago FDA
approved the first drug treatment for the disease, RILUTEK (riluzole).
Clinical trials with ALS patients showed that RILUTEK prolongs survival
by several months. Patients taking RILUTEK must be monitored for liver
damage and other possible side effects. However, this first disease-
specific therapy offers hope that new medications or combinations of
drugs may one day slow the progression of ALS.
    Profound unmet medical needs remain for patients with ALS. Patients
need new treatments to provide symptomatic relief, and to slow, halt,
reverse, or prevent ALS. In addition to fulfilling responsibilities to
regulate clinical testing and marketing of new treatments for ALS, FDA
facilitates the work of researchers and medical product manufacturers
by providing expert technical assistance.
    The purpose of this meeting is for FDA to hear from stakeholders
regarding the needs and preferences of patients, as well as suggestions
regarding how best to be responsive to those needs and preferences.

II. Purpose and Scope of the Hearing

    FDA is holding this hearing to seek input from ALS patients,
caregivers, advocates, academia, health care providers, the
pharmaceutical industry, and other interested parties on their
experience with, concerns about, and suggestions for, the way FDA
regulates the scientific evaluation of, marketing authorization for,
and postmarketing surveillance of, drugs for treatment of ALS. The
scope of the presentations may include, but are not limited to,
nonclinical testing, clinical trials, and decisions regarding marketing
authorization and postmarketing surveillance of products for the
diagnosis or treatment of this disease.

III. Attendance and/or Participation in the Public Hearing

    The public hearing is free and seating will be on a first-come,
first-served basis. Attendees who do not wish to make an oral
presentation do not need to register. Given the debilitating effects of
ALS, FDA will employ all available measures to enable participation of
people who are mobility-limited.

    If you wish to make an oral presentation during the hearing, you
must register by submitting a written or electronic request by close of
business on February 8, 2013, to David Banks or Steve Morin (see FOR
FURTHER INFORMATION CONTACT). You must provide your name, title,
business affiliation (if applicable), address, telephone and fax
numbers, email address, and type of organization you represent (e.g.,
industry, consumer organization). You also should submit a brief
summary of the presentation, including the discussion topic(s) that
will be addressed and the approximate time requested for your
presentation. We encourage individuals and organizations with common
interests to consolidate or coordinate their presentations to allow
adequate time for each request for presentation. Persons registered to
make an oral presentation should check in before the hearing.
    Participants should submit a copy of each presentation to David
Banks or Steve Morin (see FOR FURTHER INFORMATION CONTACT). We will
file the hearing schedule, indicating the order of presentation and the
time allotted to each person, with the Division of Dockets Management
(see ADDRESSES). We will mail, email, or fax the schedule to each
participant before the hearing. Participants are encouraged to arrive
early to ensure the designated order of presentation.
    If you need special accommodations due to a disability, please
contact David Banks or Steve Morin (see FOR FURTHER INFORMATION
CONTACT) at least 14 days in advance.

IV. Notice of Hearing Under 21 CFR Part 15

    The Commissioner of Food and Drugs is announcing that the public
hearing will be held in accordance with part 15 (21 CFR part 15). The
hearing will be conducted by a presiding officer, accompanied by FDA
senior management from the Office of the Commissioner, and the Center
for Drug Evaluation and Research.
    Under Sec.  15.30(f), the hearing is informal and the rules of
evidence do not apply. No participant may interrupt the presentation of
another participant. Only the presiding officer and panel members may
question any person during or at the conclusion of each presentation
(Sec.  15.30(e)).
    Public hearings under part 15 are subject to FDA's policy and
procedures for electronic media coverage of FDA's public administrative
proceedings (part 10 (21 CFR part 10), subpart C) (Sec.  10.203(a)).
Under Sec.  10.205, representatives of the electronic media may be
permitted, subject to certain limitations, to videotape, film, or
otherwise record FDA's public administrative proceedings, including
presentations by participants.
    To the extent that the conditions for the hearing, as described in
this document, conflict with any provisions set out in part 15, this
notice acts as a waiver of those provisions as specified in Sec.
15.30(h).

V. Request for Comments

    Interested persons may submit either electronic comments for
consideration to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). Persons who wish to
provide additional materials for consideration should file these
materials with the Division of Dockets Management. You should annotate
and organize your comments to identify the specific topics to which
they refer. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

VI. Transcripts

    The hearing will be transcribed as stipulated in Sec.  15.30(b).
Transcripts of the hearing will be available for review at the Division
of Dockets Management (see ADDRESSES) and on the Internet at http://www.regulations.gov approximately 45 days after the hearing. A
transcript will also be available in either hard copy or on a CD-ROM
after submission of a Freedom of Information request. Written requests
are to be sent to the Division of Freedom of Information (ELEM-1029),
Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857.

    Dated: January 24, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-02088 Filed 1-30-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Page 57729]
[FR Doc No: 2011-23737]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2144-038; Project No. 2225-015]

Boundary Hydroelectric Project; Sullivan Creek Project; Notice of
Availability of the Final Environmental Impact Statement for the
Relicensing of the Boundary Hydroelectric Project and the Surrender of
the Sullivan Creek Project

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations contained in the Code of Federal Regulations (CFR) (18 CFR
part 380 [FERC Order No. 486, 52 FR 47897]), the Office of Energy
Projects has reviewed the applications for license for the Boundary
Hydroelectric Project (FERC No. 2144-38), and the surrender of the
Sullivan Creek Project (FERC No. 2225-015). The Boundary Project is
located on the Pend Oreille River in Pend Oreille County, Washington.
The Sullivan Creek Project is located on Sullivan Lake, and Sullivan
Creek and Outlet Creeks, tributaries to the Pend Oreille River that
empty into the Boundary Project reservoir. Both projects occupy lands
within the Colville National Forest.
    This final EIS contains staff evaluations of the applicants'
proposals and the alternatives for relicensing the Boundary Project and
surrendering the Sullivan Creek Project. The final EIS documents the
views of governmental agencies, non-governmental organizations,
affected Indian tribes, the public, the license applicants, and
Commission staff.
    A copy of the final EIS is available for review at the Commission
or may be viewed on the Commission's Web site at http://www.ferc.gov,
using the ``e-Library'' link. Enter the docket number of either
project, excluding the last three digits, to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to these or other pending projects. For assistance,
contact FERC Online Support.
    For further information, please contact David Turner at (202) 502-
6191 or at<EMAIL_ADDRESS>
    Dated: September 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-23737 Filed 9-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47691-47695]
[FR Doc No: 2013-18901]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-504-000]

UGI, Inc.; Notice of Intent to Prepare an Environmental
Assessment for the Proposed Temple LNG Liquefaction Upgrade and Request
for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Temple LNG Liquefaction
Upgrade involving construction and operation of facilities by UGI, Inc.
(UGI) at its Temple liquefied natural gas (LNG) facility (Temple
Facility) in Berks County, Pennsylvania. This EA will be used by the
Commission in its decision-making process to determine whether the
project is in the public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Comments may be
submitted in written form or verbally. Further details on how to submit
written comments are provided in the Public Participation section of
this notice. Please note that the scoping period will close on August
30, 2013.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this proposed
project and encourage them to comment on their areas of concern.

Summary of the Proposed Project

    UGI plans to construct and operate facilities to increase the
liquefaction capacity at its Temple Facility up to a new maximum of
10,000 dekatherms per day. According to UGI, the project would improve
the efficiency of the Temple Facility and ensure the reliability of LNG
supply for UGI's customers.
    The new facilities would consist of a 2000-horsepower nitrogen
recycle compressor, a vacuum insulated cold box, a nitrogen compander,
and associated auxiliary equipment.
    The general project location is shown in appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the ``Additional Information'' section at the end of this notice.
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Land Requirements for Construction

    UGI plans to construct the facilities using approximately one-half-
acre of an already disturbed area within its Temple Facility. No
additional landowners would be crossed.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers an authorization of a
project. NEPA also requires us \2\ to discover and address concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of the
issues to address in the EA. We will consider all filed comments during
the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under the
general headings of land use, air quality, noise, and public safety. We
do not expect other resource areas to be impacted by the proposed
upgrade, which would take place entirely within an existing industrial-
use facility.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. It will
be available in the public record through eLibrary. Depending on the
comments received during the scoping process, we may also publish and
distribute the EA to the public for an allotted comment period. We will
consider all comments on the EA before making our recommendations to
the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section below.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the EA
\3\. Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Sec.  1501.6.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before August
30, 2013.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (CP13-504-000) with your submission. The
Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site at www.ferc.gov under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site at www.ferc.gov under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
at the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory

Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; other interested parties; and
local libraries and newspapers. This list also includes all affected
landowners (as defined in the Commission's regulations) who own homes
within certain distances of aboveground facilities, and anyone who
submits comments on the project. We will update the environmental
mailing list as the analysis proceeds to ensure that we send the
information related to this environmental review to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If we publish and distribute the EA, copies of it will be sent to
the environmental mailing list for public review and comment. If you
would prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the project docket
number, excluding the last three digits in the Docket Number field
(i.e., CP13-504). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 30, 2013.
Kimberly D. Bose,
Secretary.
BILLING CODE 6717-01-P

[GRAPHIC] [TIFF OMITTED] TN06AU13.019

[GRAPHIC] [TIFF OMITTED] TN06AU13.020

[GRAPHIC] [TIFF OMITTED] TN06AU13.021

[FR Doc. 2013-18901 Filed 8-5-13; 8:45 am]
BILLING CODE 6717-01-C


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51676-51678]
[DOCID:fr04se08-72]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58429; File No. SR-NYSE-2008-71]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 123B (Exchange Automated Order Routing System) To
Allow a Member Organization To Provide Other Market Participants With
Access to the Exchange on an Agency Basis

August 27, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 18, 2008, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NYSE. NYSE filed the
proposed rule change as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE proposes to amend NYSE Rule 123B to set forth the requirements
that would allow a member organization to provide other market
participants with access to the Exchange on an agency basis for the
entry and execution of orders on the Exchange.\5\ The text of the
proposed rule change is available at NYSE, the Commission's Public

Reference Room, and http://www.nyse.com.
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    \5\ NYSE Rule 54 provides that only members are permitted to
``make or accept bids or offers, consummate transactions, or
otherwise transact business on the Floor for any security admitted
to dealings on the [Exchange].* * * '' See also NYSE Rule 2.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NYSE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NYSE has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    NYSE proposes to amend NYSE Rule 123B to set forth the requirements
for a member or member organization (``Sponsoring Member
Organization'') to provide access (``sponsored access'') to a non-
member firm or customer (``Sponsored Participant'') for the entry and
execution of orders on the Exchange. The Exchange seeks the proposed
rule amendment to provide a uniform rule for sponsored access to the
Exchange as described below.

Background

    Currently, there are sponsored access provisions included in
certain NYSE rules that govern specific Exchange products or
facilities; \6\ however, the Exchange does not have a general sponsored
access rule. The Exchange therefore proposes to adopt the sponsored
access rule of its affiliate exchange, NYSE Arca, Inc. (``NYSE
Arca'').\7\ Other exchanges, namely The NASDAQ Stock Market LLC,\8\
have similarly adopted identical sponsored access provisions.\9\
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    \6\ See NYSE MatchPointSM (NYSE Rule 1500) and NYSE
BondsSM (NYSE Rule 86). The provisions of this proposed
rule will not apply to NYSE Rules 1500 and 86.
    \7\ See NYSE Arca Rules 7.29 (Access) and 7.30 (Authorized
Traders).
    \8\ See Securities Exchange Act Release No. 55550 (March 28,
2007), 72 FR 16389 (April 4, 2007) (SR-NASDAQ-2007-010) (amending
NASDAQ Rule 4611(d) to conform its requirements to match NYSE Arca
Rules 7.29 and 7.30).
    \9\ In adopting NYSE Arca's sponsored access rule, NASDAQ stated
its intent was, ``to match the regulatory requirements imposed by
other exchanges and, thereby, to promote uniform regulation of
sponsored access relationships.'' See Securities Exchange Act
Release No. 55550 (March 28, 2007) at 2, 72 FR 16389, 16390 (April
2007) (SR-NASDAQ-2007-010).
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Proposed NYSE Rule 123B Sponsored Access

    According to the proposed rule, Sponsored Participants must enter
into and maintain customer agreements with one or more Sponsoring
Member Organizations establishing proper relationship(s) and account(s)
through which the Sponsored Participant may trade on the Exchange. As
more fully described below, the Sponsoring Member Organization and the
Sponsored Participant must agree in writing to specific sponsorship
provisions (``Sponsorship Access Agreement'') in order for the
Sponsored Participant to obtain and maintain authorized access to the
Exchange.\10\ The first sponsorship provision of the proposed rule
requires the Sponsoring Member Organization to enter into and maintain
an agreement with the Exchange, designating the Sponsored Participant
by name in such agreement.
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    \10\ Commentary .30, Section (c)(3) of proposed NYSE Rule 123B
requires that the Sponsoring Member Organization provide the
Exchange with a notice of consent acknowledging its responsibility
for the orders, execution, and conduct of the Sponsored Participant
at issue (alteration to original citation that referenced ``Section
(b)(3) of proposed NYSE Rule 123B'').
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    The Sponsoring Member Organization also agrees to be responsible
for the conduct of the Sponsored Participant and/or any person acting
on its behalf or in the name of such Sponsored Participant. Further,
all orders entered by the Sponsored Participant and/or any person
acting on its behalf or in the name of such Sponsored Participant are
binding on the Sponsoring Member Organization. Both the Sponsored
Participant and the Sponsoring Member Organization agree to comply with
the rules and procedures of the Exchange.
    In order to ensure compliance with the Sponsorship Access
Agreement, it is the responsibility of the Sponsored Participant to
implement such internal controls as may be necessary to prevent
unauthorized the use of and access to the Exchange facilities.
Sponsored Participants will be required to establish adequate
procedures and controls to monitor use and access to the Exchange by
their employees, agents, and customers. The Sponsored Participant also
agrees to pay to the Sponsoring Member Organization, the Exchange, or
any third party, all amounts (including but not limited to exchange and
regulatory fees) related to the Sponsored Participant's access to and
the use of Exchange facilities when due.
    The proposed rule contemplates that the Sponsored Participant may
permit one or more person(s) to submit orders to the Exchange on its
behalf (``Authorized Trader'').\11\ The Sponsored Participant is
required to maintain, keep current and provide, upon request, a list of
Authorized Traders to the Sponsoring Member Organization. The
Sponsoring Member Organization is required to maintain a current list
of the same to be made available to the Exchange upon request.
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    \11\ See Commentary .30, Sections (c)(2)(D) and (d) of proposed
NYSE Rule 123B (alteration to original citation that referenced
``proposed NYSE Rule 123B sections (b)(2)(D) and (d)'').
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    Although the Sponsored Participant is required to familiarize its
Authorized Traders with the obligations of a Sponsored Participant
under the proposed rule and ensure that the Authorized Trader receives
appropriate training prior to any use or access to the Exchange, it is
the Sponsoring Member Organization that bears the ultimate
responsibility regarding the conduct and trading activity of Authorized
Traders. Specifically, the Sponsoring Member Organization must have
reasonable procedures to: (a) Ensure compliance with Exchange rules and
procedures; and (b) maintain, as appropriate, the physical security of
any equipment on its premises for accessing the Exchange to prevent
against improper access or use (including unauthorized entry of
information into Exchange systems). Pursuant to the proposed rule, at
the direction of the Exchange, the Sponsoring Member Organization must
suspend or withdraw the status of Authorized Trader from any person
whom the Exchange has determined has caused the Sponsoring Member
Organization to fail to comply with Exchange Rules.
    Insofar as the amendments proposed herein have been determined by
the Commission to be consistent with the protection of investors and
the public interest; the Exchange believes that the proposed amendments
to NYSE Rule 123B to codify the requirements for sponsored access on
the Exchange are necessary to align NYSE rules with what has become the
industry standard.\12\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 44983 (October 25,
2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25) (alteration to
original citation that referenced ``53615 (April 7, 2006), 71 FR
19226 (April 13, 2006) (SR-PCX-2006-24) (adopting NYSE Arca Equities
Rules 7.29 and 7.30)'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act,\13\ in that
it is designed to prevent fraudulent and manipulative practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the

mechanisms of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

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

    NYSE 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.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\16\
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. The Commission hereby grants the
Exchange's request and designates the proposal as operative upon
filing.\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
NYSE has complied with this requirement.
    \17\ Id.
    \18\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NYSE-2008-71 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-71. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
NYSE. 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-
NYSE-2008-71 and should be submitted on or before September 25, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-20465 Filed 9-3-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices]
[Page 59026-59027]
[DOCID:fr08oc08-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58704; File No. SR-NYSEArca-2008-92]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of a Proposed Rule Change Relating to the Listing
of MacroShares Major Metro Housing Trusts

October 1, 2008.
    On August 25, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), through its wholly owned subsidiary, NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), 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 list and trade shares of the
MacroShares Major Metro Housing Up Trust (``Up Trust'') and the
MacroShares Major Metro Housing Down Trust (``Down Trust'')
(collectively, the ``Trusts'').\3\ The proposed rule change was
published in the Federal Register on September 15, 2008 for a 15-day
comment period.\4\ The Commission received no comments on the proposal.
This order grants approval to the proposed rule change on an
accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Shares of the Up Trust and the Down Trust are referred to
collectively as ``Shares.''
    \4\ See Securities Exchange Act Release No. 58469 (September 5,
2008), 73 FR 53306 (``Notice'').
---------------------------------------------------------------------------

I. Description of the Proposal

    The Exchange proposes to list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.400, which governs the listing of Paired Trust
Shares.\5\ The Shares will satisfy the initial and continued listing
criteria applicable to Paired Trust Shares, which are set forth in NYSE
Arca Equities Rule 8.400(d).\6\
---------------------------------------------------------------------------

    \5\ The Shares are ``Trading Shares'' as defined in NYSE Arca
Equities Rule 8.400(b)(1)(B).
    \6\ See e-mail from Michael Cavalier, Associate General Counsel,
NYSE Euronext, to Christopher Chow, Senior Counsel, Commission,
dated September 26, 2008.
---------------------------------------------------------------------------

Description of the Trusts and the Shares

    The Up MacroShares and the Down MacroShares will be offered by the
Up Trust and the Down Trust, respectively, established by MACRO
Inflation Depositor, LLC, as depositor, under the laws of the State of
New York. The Trusts are not registered with the Commission as
investment companies.\7\ Distributions from the Trusts will be based on
the value of the S&P/Case-Shiller Composite-10 Home Price Index
(``Index''), as well as on prevailing interest rates on U.S. Treasury
obligations. The last published value of the S&P/Case-Shiller
Composite-10 Home Price Index is referred to as the ``Reference Value
of the Index'' or ``Reference Value'' (as defined in the Notice). The
S&P/Case-Shiller Home Price Indices measure the change in home prices
in one or several geographic regions of the United States. They are
calculated monthly and are publicly available for 20 major metropolitan
areas.\8\
---------------------------------------------------------------------------

    \7\ The Shares are being offered by the Trusts under the
Securities Act of 1933, as amended, 15 U.S.C. 77a. On August 6,
2008, the depositor filed with the Commission Registration
Statements on Form S-1 (Amendment No. 1) for the Up MacroShares
(File No. 333-151522) (``Up Trust Registration Statement'') and for
the Down MacroShares (File No. 333-151523) (``Down Trust
Registration Statement,'' and, together with the Up Trust
Registration Statement, ``Registration Statements''). Descriptions
herein relating to the operation of the Trusts and the S&P/Case-
Shiller Home Price Indices are based on the Registration Statements.
Additionally, unless otherwise stated herein, defined terms have
same meaning set forth in the Registration Statements.
    \8\ The S&P/Case-Shiller Composite-10 Home Price Index is a
weighted average of the following 10 S&P/Case-Shiller Metro Area
Home Price Indices: The S&P/Case-Shiller Boston Home Price Index,
the S&P/Case-Shiller Chicago Home Price Index, the S&P/Case-Shiller
Denver Home Price Index, the S&P/Case-Shiller Las Vegas Home Price
Index, the S&P/Case-Shiller Los Angeles Home Price Index, the S&P/
Case-Shiller Miami Home Price Index, the S&P/Case-Shiller New York
City Area Home Price Index, the S&P/Case-Shiller San Diego Home
Price Index, the S&P/Case-Shiller San Francisco Home Price Index,
and the S&P/Case-Shiller Washington, D.C. Home Price Index.
---------------------------------------------------------------------------

    Additional information regarding the Shares may be found in the
Notice,\9\ including but not limited to discussions of the Shares and
Trusts, the Reference Value of the Index, the S&P/Case-Shiller Home
Price Indices and the Index, the eligibility criteria, the MSA Index
construction, the weighting of sales pairs, the Index governance, the
Termination Triggers, the calculation of the Underlying Value, the
availability of information, the initial and continued listing
criteria, trading halts, trading rules, surveillance, and the
Information Bulletin.
---------------------------------------------------------------------------

    \9\ See supra note 4.
---------------------------------------------------------------------------

II. Discussion and Commission's Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \10\ and the rules and regulations thereunder applicable to a
national securities exchange.\11\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\12\
which requires, among other things, that the Exchange's rules be
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The Commission notes that, for the Shares to be listed
and traded on the Exchange, such Shares must be in compliance with the
initial and continued listing requirements under NYSE Arca Equities
Rule 8.400.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\13\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares will be available via the CTA high-speed
line. The Exchange further states that information regarding market
price and volume of the Shares is and will be continually available on
a real-time basis throughout the day via electronic services. The
previous day's closing price and trading volume information for the
Shares will be published daily in the financial section of major
newspapers and will be available from major market data vendors.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    The current Index level is available through major market data
vendors (e.g.,

Bloomberg, and Reuters), and historical data regarding the Index and
the Indices are published at http://www.indices.standardandpoors.com.
    The Commission also believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation on behalf of the Trusts that the per share values of the
Up MacroShares and DownMacroShares will be calculated daily and made
available to all market participants at the same time. Additionally, if
it becomes aware that the per share value of either the Up MacroShares
or DownMacroShares is not disseminated daily to all market participants
at the same time, the Exchange will halt trading in the Shares until
that information is available to all market participants.
    Though the Exchange has stated that the Index Committee has
``complete discretion'' to determine how the Index and its related
indices are calculated, an Exchange's obligations under Section 19(b)
of the Act and Rule 19b-4 thereunder are independent of any discretion
the Index Committee may have. Thus, the Exchange must monitor changes
to the Shares, including any change to the calculation of the Index.
The Exchange must assess whether any changes to the Shares would
require it to submit a proposed rule change in accordance with Section
19(b)(1) of the Act \14\ and Rule 19b-4 thereunder,\15\ or take any
other action as appropriate, including halting trading of the Shares.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(1).
    \15\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are equity securities
subject to the Exchange's rules governing the trading of equity
securities. In support of this proposal, the Exchange has made the
following representations:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.400.\16\
---------------------------------------------------------------------------

    \16\ See supra note 6.
---------------------------------------------------------------------------

    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares,
prospectus delivery requirements, and other information, as described
in more detail in the Notice.\17\
---------------------------------------------------------------------------

    \17\ See supra note 4.
---------------------------------------------------------------------------

    This approval order is based on the Exchange's representations.

III. Accelerated Approval

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\18\ for approving the proposal prior to the thirteenth day
after the date of publication of the Notice in the Federal Register.
The Commission has received no comments regarding the proposed rule
change, and the Commission finds that the proposed rule change does not
raise any novel regulatory issues. Additionally, the Commission
believes that accelerating approval of this proposal should benefit the
market by making available to investors, without undue delay,
additional products in the market for Paired Trust Shares.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-NYSEArca-2008-92) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-23838 Filed 10-7-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Proposed Rules]
[Pages 36439-36442]
[FR Doc No: 2012-14845]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0441]
RIN 1625-AA00

Safety Zone; Bullhead City Regatta; Bullhead City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing a temporary safety zone on the
navigable waters of the Colorado River in Bullhead City, Arizona for
the Bullhead City Regatta on August 11, 2012. This temporary safety
zone is necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels would be prohibited from entering into,
transiting through or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before July 19, 2012.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Deborah Metzger, Waterways Management, U.S.
Coast Guard Sector San Diego; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0441 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0441 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The City of Bullhead is sponsoring the Bullhead City Regatta, which
is held on the navigable waters of the Colorado River in Bullhead City,
AZ. The proposed temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, sponsor vessels, and
other vessels and users of the waterway. This event involves people
floating down the river on inflatable rafts, inner tubes and floating
platforms. The size of vessels used would vary in length from 3 feet to
100 feet. Approximately 30,000 to 40,000 people would be participating
in this event. The sponsor would provide 50 patrol and rescue boats to
help facilitate the event and ensure public safety.

D. Discussion of Proposed Rule

    The Coast Guard is proposing a temporary safety zone that would be
enforced from 6 a.m. to 6 p.m. on August 11, 2012. This safety zone is
necessary to provide for the safety of the crews, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels would be prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative. The proposed temporary
safety zone would include the waters of the Colorado River between
Davis Camp and Rotary Park in Bullhead City, AZ. Before the effective
period, the Coast Guard will publish a Local Notice to Mariners (LNM).

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone. Although the safety
zone would apply to the entire width of the river, traffic would be
allowed to pass through the zone with the permission of the Captain of
the Port. Additionally, before the effective period, the Coast Guard
will publish a Local Notice to Mariners (LNM).

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule will affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to transit or anchor in a portion of the waters of
the Colorado River between Davis Camp to Rotary Park in Bullhead City,
AZ from 6 a.m. to 6 p.m. on August 11, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the entire width of the river,
traffic would be allowed to pass through the zone with the permission
of the Coast Guard patrol commander. Before the effective period, the
Coast Guard will publish a Local Notice to Mariners (LNM).
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the

rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a temporary safety zone. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.

F. List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.T11-496 to read as follows:

Sec.  165.T11-496  Safety zone; Bullhead City Regatta; Bullhead City,
AZ.

    (a) Location. This temporary safety zone includes the waters of the
Colorado River between Davis Camp and Rotary Park in Bullhead City, AZ.
    (b) Enforcement Period. This section will be enforced from 6 a.m.
to 6 p.m. on August 11, 2012. Before the effective period, the Coast
Guard will publish a Local Notice to Mariners (LNM). If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.

    (2) Mariners can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 23.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: May 30, 2012.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2012-14845 Filed 6-18-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47572-47574]
[FR Doc No: 2018-20326]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0349; FRL-9983-68--Region 7]

Approval of Missouri Air Quality Implementation Plans;
Redesignation of the Missouri Portion of the St. Louis-St. Charles-
Farmington, MO-IL 2008 Ozone Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to redesignate the Missouri portion of the St. Louis-St.
Charles-Farmington, MO-IL nonattainment area (``St. Louis area'' or
``area'') to attainment for the 2008 ozone National Ambient Air Quality
Standard (NAAQS). EPA is also approving, as a revision to the Missouri
State Implementation Plan (SIP), the state's plan for maintaining the
2008 8-hour ozone NAAQS through 2030. Finally, EPA finds adequate and
is approving, as a SIP revision, the State's 2030 volatile organic
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (MVEBs) for the Missouri portion of the St. Louis
area. The Missouri Department of Natural Resources (MDNR) submitted
this request on September 12, 2016, with a supplemental submission on
February 16, 2018. EPA addressed the Illinois portion of the St. Louis
area in a separate rulemaking action published in the Federal Register
on March 1, 2018.

DATES: This final rule is effective on September 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0349. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    This final rulemaking takes final action on submissions from MDNR
dated September 12, 2016, and supplemented on February 16, 2018,
requesting redesignation of the Missouri portion of the St. Louis area
attainment for the 2008 ozone NAAQS. The background for this action is
discussed in detail in EPA's proposed rulemaking published in the
Federal Register on June 25, 2018 (83 FR 29486). In that proposed
rulemaking we noted, under EPA's regulations at 40 CFR part 50, the
2008 8-hour ozone NAAQS is attained when the three-year average of the
annual fourth highest daily maximum 8-hour average concentration is
equal to or less than 0.075 ppm at all of the ozone monitoring sites in
the area. See 40 CFR 50.15 and appendix P to 40 CFR part 50. Under the
CAA, EPA may redesignate nonattainment areas to attainment if
sufficient complete, quality-assured data are available to determine
that the area has attained the standard and if it meets the other CAA
redesignation requirements in section 107(d)(3)(E). The proposed rule
provides a detailed discussion of how Missouri has met these CAA
requirements.
    As discussed in the June 25, 2018, proposal, quality-assured and
certified monitoring data for 2013-2015 show that the St. Louis area
has attained the 2008 ozone standard. In the maintenance plan submitted
for the area, Missouri has demonstrated that the ozone standard will be
maintained in the area through 2030. Finally, Missouri adopted 2030
MVEBs for its portion of the St. Louis area that are adequate and
supported by MDNR's maintenance demonstration.

II. Have the requirements for approval of a SIP revision been met?

    The state's submission has met the public notice requirements for
the redesignation request and maintenance plan submission in accordance
with 40 CFR 51.102. The submission also satisfied the completeness
criteria of 40 CFR part 51, appendix V. The state held a public comment
period from June 27, 2016, to August 4, 2016, and received six comments
from three commenters. A public hearing was held on July 28, 2016.

III. EPA's Response to Comments

    EPA provided a thirty-day review and comment period for the June
25, 2018 proposed rule. The comment period ended on July 25, 2018. EPA
received three sets of comments, specifically adverse comments from the
Missouri Department of Natural Resources (MDNR) and the Sierra Club.
Full sets of these comments are provided in the docket for this final
action. A summary of the adverse comments and EPA's responses are
provided below.
    Comment: The commenter stated that Missouri's most recent
monitoring network plan was approved in 2017, as also stated in the
proposal. However, a footnote in the proposal references the 2016
monitoring network plan and the state's commitment to verified
attainment. The commenter is requesting the footnote reference be
changed to reflect the most recent approved plan.
    EPA's Response: EPA agrees with the commenter that the most recent
monitoring network plan was approved on December 19, 2017, and Missouri
has committed to monitoring air quality for verification of continued
attainment. In this final rulemaking notice, we clarify that the
monitoring network plan used for verification of continued attainment
is the plan approved by EPA on December 19, 2017.
    Comment: The commenter requested clarification on the source of the
2014 attainment inventory data, since the proposal states that data for
the 2014 attainment inventory was not interpolated between the 2011 and
2018 Ozone NAAQS Emissions Modeling platform inventories, because EPA's
National Emissions Inventory (NEI) was unavailable at the time of the
redesignation request.
    EPA's Response: EPA agrees with the commenter that the Agency's
2014 NEI was not available at the time Missouri submitted its request
for redesignation. EPA also agrees that Missouri did not interpolate
data between 2011 and 2018 to create inventories for 2014. The state
used Missouri-specific 2014 emissions data for the 2014 attainment
year. As indicated in the proposal both NOX and VOC
emissions decreased from the base year to the attainment year and helps
adequately demonstrate that

improvement in air quality is due to permanent and enforceable emission
reductions.
    Comment: The commenter stated that EPA should not take final action
to approve the redesignation of the St. Louis area to attainment
because the state's data indicate most monitoring sites in the
nonattainment area have exceeded the 2008 ozone NAAQS in just the first
half of the 2018 ozone season, and that past improvements cannot be
reasonably attributed to permanent and enforceable reductions in
emissions because of regular exceedances of the 2008 NAAQS at
monitoring sites.
    EPA's Response: Section 107(d)(3)(E) of the CAA allows
redesignation of a nonattainment area to attainment of the NAAQS
provided that: (1) The Administrator determines that the area has
attained the NAAQS; (2) the Administrator has fully approved the
applicable implementation plan for the area under section 110(k) of the
CAA; (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP, applicable Federal
air pollutant control regulations, and other permanent and enforceable
emission reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A of the CAA; and (5) the state containing the area has met all
requirements applicable to the area for the purposes of redesignation
under section 110 and part D of the CAA. Specifically, the CAA section
107(d)(3)(E)(i) requires EPA to determine that the area has attained
the applicable NAAQS. An area is attaining the 2008 ozone NAAQS if it
meets the 2008 ozone NAAQS, as determined in accordance with 40 CFR
50.15 and appendix P of part 50, based on three complete, consecutive
calendar years of quality assured air quality data for all monitoring
sites in the area. To attain the NAAQS, the three-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentrations
(ozone design values) at each monitor must not exceed 0.075 ppm. EPA
disagrees with the commenter that final action should not be taken to
redesignate the St. Louis area due to data indicating exceedances at
monitoring sites in the area.
    EPA's proposed rulemaking was based on quality assured data from
2013-2015 which demonstrated that the St. Louis area is attaining the
2008 ozone NAAQS. In addition, 2014-2016 and 2015-2017 data confirm
that the area continues to attain that NAAQS. EPA's ozone season runs
from March-October and data collected thus far in 2018 has yet to be
quality assured or certified by the state. Individual readings at air
quality monitors that exceed the level of the NAAQS do not mean that an
area is no longer attaining the NAAQS. In part because ozone
concentrations are influenced by meteorology and subject to variable
conditions, attainment of the 2008 ozone NAAQS is measured using the
three-year average design value at all monitoring sites in the area.
Moreover, as stated in the proposal, the St. Louis area has also shown
a decrease in both NOX and VOC emissions which indicates
that improvement in air quality is due to permanent and enforceable
emission reductions, rather than temporary conditions.

IV. What action is EPA taking?

    EPA has determined that the Missouri portion of the St. Louis
nonattainment area is attaining the 2008 ozone standard based on
quality-assured and certified monitoring data for 2013-2015 and that
the Missouri portion of the St. Louis area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA.
    EPA is thus approving the state's request to change the designation
of the Missouri portion of the St. Louis area for the 2008 ozone
standard from nonattainment to attainment. EPA is also approving, as a
revision to the Missouri SIP, the state's maintenance plan for the
area. The maintenance plan is designed to keep the Missouri portion of
the St. Louis area in attainment of the 2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is approving the newly-established 2030
MVEBs for the Missouri portion of the St. Louis area.
    EPA has determined that these actions are effective immediately
upon publication under the authority of 5 U.S.C. 553(d). The purpose of
the thirty-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Section 553(d)(1) allows an
effective date less than thirty days after publication if a substantive
rule ``relieves a restriction.'' These actions qualify for the
exception under section 553(d)(1) because they relieve the State of
various requirements for the Area. Furthermore, section 553(d)(3)
allows an effective date less than thirty days after publication ``as
otherwise provided by the agency for good cause found and published
with the rule.'' EPA finds good cause to make these actions effective
immediately pursuant to section 553(d)(3) because they do not create
any new regulatory requirements such that affected parties would need
time to prepare before the actions take effect.

V. 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 CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: September 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart--AA Missouri

0
2. Amend Sec.  52.1342 by adding paragraph (e) to read as follows:

Sec.  52.1342  Control strategy: Ozone.

* * * * *
    (e) Redesignation to attainment. On September 12, 2016, and
February 16, 2018, Missouri submitted requests to redesignate its
portion of the St. Louis MO-IL area to attainment of the 2008 ozone
standard. The Missouri portion of the St. Louis MO-IL area includes
Jefferson, Franklin, St. Charles, and St. Louis Counties along with the
City of St. Louis. As part of the redesignation request, the State
submitted a plan for maintaining the 2008 ozone standard through 2030
in the area as required by section 175A of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
4. Section 81.326 is amended by revising the entry for ``St. Louis-St.
Charles-Farmington, MO-IL'' in the table entitled ``Missouri--2008 8-
Hour Ozone NAAQS (Primary and Secondary)'' to read as follows:

Sec.  81.326   Missouri.

* * * * *

                                        Missouri--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
St. Louis-St. Charles-
 Farmington, MO-IL \2\:
    Franklin County.............       9/20/2018  Attainment.
    Jefferson County............       9/20/2018  Attainment.
    St. Charles County..........       9/20/2018  Attainment.
    St. Louis County............       9/20/2018  Attainment.
    St. Louis City..............       9/20/2018  Attainment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2018-20326 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Rules and Regulations]
[Page 39148-39149]
[DOCID:fr08jy10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1134; Airspace Docket No. 09-ANM-25]

Establishment of Class E Airspace; Lucin, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will establish Class E airspace at Lucin VHF Omni-
Directional Radio Range Tactical Air Navigational Aid (VORTAC), Lucin,
UT, to facilitate vectoring of Instrument Flight Rules (IFR) traffic
from en route airspace to Salt Lake City, UT. This will improve the
safety and management of IFR operations for the Salt Lake City, UT
area.

DATES: Effective date, 0901 UTC, September 23, 2010. 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

    On March 25, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to establish controlled airspace at
Lucin, UT (75 FR 14383). Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6006 of
FAA Order 7400.9T signed August 27, 2009, and effective September 15,
2009, 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.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E en route domestic airspace 1,200 feet
above the surface, at the Lucin, UT VORTAC, to accommodate the
management of IFR operations by vectoring IFR aircraft from en route
airspace to Salt Lake City, UT. This action enhances the safety of the
National Airspace System.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in subtitle VII, part A,
subpart I, section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
controlled airspace in the Lucin, UT area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM UT E6 Lucin, UT

Lucin VORTAC
    (Lat. 41[deg]21'47'' N., long. 113[deg]50'26'' W.)

    That airspace extending upward from 1,200 feet above the surface
bounded on the west by V-269; on the east by V-484; and on the south
by V-32; excluding existing controlled airspace above 8,500 feet
MSL; excluding that airspace designated for federal airways;
excluding the portions within Restricted Area R-6404 and Lucin MOA
during their published hours of designation.

    Issued in Seattle, Washington, on June 24, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-16475 Filed 7-7-10; 8:45 am]
BILLING CODE 4910-13-P