[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Notices]
[Pages 24422-24425]
[FR Doc No: 2021-09527]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91735; File No. SR-NASDAQ-2021-026]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Effective Date of the Temporary Amendments Concerning
Exchange Rule 1210 From April 30, 2021, to June 30, 2021

April 30, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on April 21, 2021, The Nasdaq Stock Market LLC
(``Nasdaq'' or ``Exchange'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II, below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the expiration date of the
temporary amendments initially set forth in SR-NASDAQ-2020-73 and
subsequently extended in SR-NASDAQ-2020-091 (collectively, the
``Temporary Qualification Examination Relief Filings'') from April 30,
2021 to June 30, 2021. The Exchange does not anticipate providing any
further extensions to the temporary amendments identified in this
proposed rule change beyond June 30, 2021.\3\
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    \3\ If due to unforeseen circumstances a further extension is
necessary, the Exchange will submit a separate rule filing to
further extend the temporary amendments.
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    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to extend the expiration date of the
temporary amendments initially set forth in the Temporary Qualification
Examination Relief Filings from April 30, 2021 to June 30, 2021. This
proposed rule change is based on a filing recently submitted by the
Financial Industry Regulatory Authority, Inc. (``FINRA'') \4\ and is
intended to harmonize the Exchange's registration rules with those of
FINRA so as to promote uniform standards across the securities
industry.
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    \4\ See Exchange Act Release No. 91506 (April 8, 2021), 86 FR
19671 (April 14, 2021) (SR-FINRA-2021-005) (``FINRA Filing''). See
also Exchange Act Release Nos. 89732 (September 1, 2020), 85 FR
55535 (September 8, 2020) (SR-FINRA-2020-026); 90617 (December 9,
2020), 85 FR 81258 (December 15, 2020) (SR-FINRA-2020-043). The
Exchange notes that the FINRA Filing also provides temporarily
relief to individuals registered with FINRA as Operations
Professionals under FINRA Rule 1220. The Exchange does not have a
registration category for Operations Professionals and therefore,
the Exchange is not proposing to adopt that aspect of the FINRA
Filing.
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    In response to the COVID-19 global pandemic, last year FINRA began
providing temporary relief by way of frequently asked questions
(``FAQs'') \5\ to address disruptions to the administration of FINRA
qualification examinations caused by the pandemic that have
significantly limited the ability of individuals to sit for
examinations due to Prometric test center capacity issues.\6\
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    \5\ See https://www.finra.org/rules-guidance/key-topics/covid-19/faq#qe.
    \6\ At the outset of the COVID-19 pandemic, all FINRA
qualification examinations were administered at test centers
operated by Prometric. Based on the health and welfare concerns
resulting from COVID-19, in March 2020 Prometric closed alal of its
test centers in the United States and Canada and began to slowly
reopen some of them at limited capacity in May 2020. Currently,
Prometric has resumed testing in many of its United States and
Canada test centers, at either full or limited occupancy, based on
local and government mandates.
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    FINRA published the first FAQ on March 20, 2020, providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 \7\ prior to February 2, 2020, would be given until May
31, 2020, to pass the appropriate principal qualification
examination.\8\ FINRA revised the FAQ to extend the expiration of the
temporary relief to pass the appropriate principal examination
initially until June 30, 2020, and then until August 31, 2020.
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    \7\ Exchange Rule 1210.04 is the corresponding rule to FINRA
Rule 1210.04.
    \8\ FINRA Rule 1210.04 (Requirements for Registered Persons
Functioning as Principals for a Limited Period) allows a member firm
to designate certain individuals to function in a principal capacity
for 120 calendar days before having to pass an appropriate principal
qualification examination. Exchange Rule 1210.04 provides the same
allowance to members.
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    On October 29, 2020, the Exchange filed with the Commission a
proposed rule change for immediate effectiveness to adopt temporary
Supplementary Material .13 (Temporary Extension of the Limited Period
for Registered Persons to Function as Principals) under Exchange Rule
1210 of General 4 (Registration Requirements).\9\ Pursuant to this rule
filing, individuals who were designated prior to September 3, 2020, to
function as a principal under Exchange Rule 1210.04 had until December
31, 2020, to pass the appropriate qualification examination. The
Exchange thereafter filed SR-NASDAQ-2020-091 to extend the expiration
date of the temporary amendments set forth in SR-NASDAQ-2020-076 from
December 31, 2020, to April 30, 2021.\10\
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    \9\ See Exchange Act Release No. 90359 (November 5, 2020), 85 FR
71979 (November 12, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASDAQ-2020-073).
    \10\ See Exchange Act Release No. 90780 (December 22, 2020), 85
FR 86600 (December 30, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASDAQ-2020-091).
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    As mentioned in the Temporary Qualification Examination Relief
Filings, the Exchange and FINRA began providing, and then extended,
temporary relief to address the interruptions in the administration of
FINRA qualification examinations at Prometric test centers and the
limited ability of individuals to sit for the examinations caused by
the COVID-19 pandemic.\11\ The Exchange also noted in the Temporary
Qualification Examination Relief Filings that the pandemic could result
in members potentially experiencing significant disruptions to their
normal business operations that may be exacerbated by being unable to
keep principal positions filled. Specifically, the limitation of in-
person activities and staff absenteeism as a result of the health and
welfare concerns stemming from COVID-19 could result in members having

difficulty finding other qualified individuals to transition into those
roles or requiring them to reallocate employee time and resources away
from other critical responsibilities at the member firm.
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    \11\ Information about the continued impact of COVID-19 on
FINRA-administered examinations is available at https://www.finra.org/rules-guidance/key-topics/covid-19/exams.
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    While there are signs of improvement, the COVID-19 conditions
necessitating the temporary relief persist and the Exchange has
determined that there is a continued need for this temporary relief
beyond April 30, 2021. Although Prometric has resumed testing in many
of its U.S. test centers, Prometric's safety practices mean that
currently not all test centers are open, some of the open test centers
are at limited capacity, and some open test centers are delivering only
certain examinations that have been deemed essential by the local
government.\12\ In addition, while certain states have started to ease
COVID-19 restrictions on businesses and social activities, public
health officials continue to emphasize the importance for individuals
to keep taking numerous steps to protect themselves and help slow the
spread of the disease.\13\
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    \12\ Information from Prometric about its safety practices and
the impact of COVID- 19 on its operations is available at https://www.prometric.com/corona-virus-update. See also supra note 11.
    \13\ See, e.g., Centers for Disease Control and Prevention, How
to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
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    Although the COVID-19 conditions necessitating the temporary relief
persist, the Exchange believes that an extension of the relief is
necessary only until June 30, 2021, because FINRA recently expanded the
availability of online examinations. Prior to this expansion, the
ongoing effects of the pandemic made it impracticable for members to
ensure that the individuals who they had designated to function in a
principal capacity, as set forth in Exchange Rule 1210.04, could
successfully sit for and pass an appropriate qualification examination
within the 120-calendar day period required under the rule.\14\
Specifically, if the individual wanted to take a qualifying
examination, they were required to accept the health risks associated
with taking an in-person examination because the examination was not
available online. On February 24, 2021, however, FINRA adopted an
interim accommodation request process to allow candidates to take
additional FINRA examinations online, including the General Securities
Principal (``Series 24'') examination.\15\ Because the qualifying
examination has been made available online only recently, the Exchange
and FINRA are concerned that individuals who have been designated to
function in a principal capacity may not have sufficient time to
schedule, study for, and take the examination before April 30, 2021,
the date the temporary amendments are set to expire. Therefore, the
Exchange is proposing to extend the expiration date of the temporary
amendments set forth in the Temporary Qualification Examination Relief
Filings until June 30, 2021. The proposed rule change would apply only
to those individuals who have been designated to function as a
principal prior to March 3, 2021. As noted above, the Exchange does not
anticipate providing any further extensions to the temporary amendments
and any individuals designated to function as a principal on or after
March 3, 2021, will need to successfully pass an appropriate
qualification examination within 120 days.
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    \14\ See supra note 11.
    \15\ Id.
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    The Exchange believes that this proposed continued extension of
time is tailored to address the needs and constraints on a member's
operations during the COVID-19 pandemic, without significantly
compromising critical investor protection. The proposed extension of
time will help to minimize the impact of COVID-19 on members by
providing continued flexibility so that members can ensure that
principal positions remain filled. The potential risks from the
proposed extension of the 120-day period are mitigated by a member's
continued requirement to supervise the activities of these designated
individuals and ensure compliance with federal securities laws and
regulations, as well as Exchange rules.
    The Exchange has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so the Exchange can implement the proposed rule
change immediately.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\17\ in particular, in that it is 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.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is intended to minimize the impact of
COVID-19 on member operations by further extending the 120-day period
certain individuals may function as a principal without having
successfully passed an appropriate qualification examination under
Exchange Rule 1210.04 until June 30, 2021. The proposed rule change
does not relieve members from maintaining, under the circumstances, a
reasonably designed system to supervise the activities of their
associated persons to achieve compliance with applicable securities
laws and regulations, and with applicable Exchange rules that directly
serve investor protection. In a time when faced with unique challenges
resulting from the COVID-19 pandemic, the Exchange believes that the
proposed rule change is a sensible accommodation that will continue to
afford members the ability to ensure that critical positions are filled
and client services maintained, while continuing to serve and promote
the protection of investors and the public interest in this unique
environment.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As set forth in the Temporary
Qualification Examination Relief Filings, the proposed rule change is
intended solely to extend temporary relief necessitated by the
continued impacts of the COVID-19 outbreak and the related health and
safety risks of conducting in-person activities. The Exchange believes
that the proposed rule change is necessary to temporarily rebalance the
attendant benefits and costs of the obligations under Exchange Rule
1210 in response to the impacts of the COVID- 19 pandemic that would
otherwise result if the temporary amendments were to expire on April
30, 2021.\18\
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    \18\ In SR-FINRA-2020-026, FINRA provides an abbreviated
economic impact assessment maintaining that changes are necessary to
temporarily rebalance the attendant benefits and costs of the
obligations under FINRA Rule 1210 in response to the impacts of the
COVID-19 pandemic that is equally applicable to the changes the
Exchange proposes. See Exchange Act Release No. 89732 (September 1,
2020), 85 FR 55537 (September 8, 2020) (SR-FINRA-2020-026). The
Exchange accordingly incorporates FINRA's abbreviated economic
impact assessment by reference.

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

    No written comments were either solicited or received.

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

    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 \19\ and Rule 19b-
4(f)(6) thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 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, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. As noted
above, the Exchange stated that the conditions necessitating the
temporary relief continue to exist and the proposed extension of time
will help minimize the impact of the COVID-19 outbreak on members'
operations by allowing them to keep principal positions filled and
minimizing disruptions to client services and other critical
responsibilities. Despite signs of improvement, the Exchange further
stated that the ongoing extenuating circumstances of the COVID-19
pandemic make it impractical to ensure that individuals designated to
act in these capacities are able to take and pass the appropriate
qualification examination during the 120-calendar day period required
under the rules.
    The Exchange observed that, following a nationwide closure of all
test centers earlier in the year, some test centers have re-opened, but
are operating at limited capacity or are only delivering certain
examinations that have been deemed essential by the local
government.\21\ However, on February 24, 2021, FINRA began providing
the General Securities Principal (Series 24) examination online through
an interim accommodation request process.\22\ Prior to this change, if
individuals wanted to take these qualifying examinations, they were
required to accept the health risks associated with taking an in-person
examination. Even with the expansion of online qualifications
examinations, the Exchange stated that extending the expiration date of
the relief set forth in SR-NASDAQ-2020-091 until June 30, 2021 is still
needed. The Exchange stated that this temporary relief will provide
flexibility to allow individuals who have been designated to function
in a principal sufficient time to schedule, study for and take the
applicable examination before the temporary relief expires. Notably,
the Exchange stated that it does not anticipate providing any further
extensions to the temporary amendments and that any individuals
designated to function as a principal on or after March 3, 2021 will
need to successfully pass an appropriate qualification examination
within 120 days.
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    \21\ See supra notes 11 and 12. The Exchange states that
Prometric has also had to close some reopened test centers due to
incidents of COVID-19 cases.
    \22\ See supra note 11 (including the February 24, 2021
announcement of the interim accommodation process for candidates to
take certain examinations, including the General Securities
Principal (Series 24) Examination, online.)
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    For these reasons, the Commission believes that waiver of the 30-
day operative delay is consistent with the protection of investors and
the public interest.\23\ Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\24\
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    \23\ As noted above by the Exchange, this proposal is an
extension of temporary relief provided in SR-NASDAQ-2020-073 and SR-
NASDAQ-2020-091 where the Exchange also requested and the Commission
granted a waiver of the 30-day operative delay. See SR-NASDAQ-2020-
073, 85 FR at 71981-82 and SR-NASDAQ-2020-091, 85 FR at 86602.
    \24\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2021-026 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2021-026. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2021-026 and should be submitted
on or before May 27, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-09527 Filed 5-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14547-14549]
[FR Doc No: 2022-05362]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2217]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and

where applicable, in the supporting Flood Insurance Study (FIS) reports
for the communities listed in the table below. The purpose of this
notice is to seek general information and comment regarding the
preliminary FIRM, and where applicable, the FIS report that the Federal
Emergency Management Agency (FEMA) has provided to the affected
communities. The FIRM and FIS report are the basis of the floodplain
management measures that the community is required either to adopt or
to show evidence of having in effect in order to qualify or remain
qualified for participation in the National Flood Insurance Program
(NFIP).

DATES: Comments are to be submitted on or before June 13, 2022.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https:/msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2217, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

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

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Johnston County, Oklahoma and Incorporated Areas
         Project: 20-06-0098S Preliminary Date: August 27, 2021
------------------------------------------------------------------------
City of Tishomingo.....................  City Hall, 1130 East Main
                                          Street, Tishomingo, OK 73460.
Town of Mannsville.....................  Town Hall, 103 South 18th
                                          Street, Mannsville, OK 73447.
Town of Milburn........................  City Hall, 101 Main Street,
                                          Milburn, OK 73450.
Town of Mill Creek.....................  Town Hall, 105 East Main
                                          Street, Mill Creek, OK 74856.
Town of Ravia..........................  Town Hall Complex, 109 East
                                          Grand Avenue, Ravia, OK 73455.
Town of Wapanucka......................  City Hall, 211 South Choctaw
                                          Avenue, Wapanucka, OK 73461.
Unincorporated Areas of Johnston County  Johnston County Commissioner's
                                          Office, 705 West Main Street,
                                          Tishomingo, OK 73460.
------------------------------------------------------------------------
             Murray County, Oklahoma and Incorporated Areas
         Project: 20-06-0099S Preliminary Date: August 27, 2021
------------------------------------------------------------------------
City of Davis..........................  City Hall, 227 East Main
                                          Street, Davis, OK 73030.
City of Sulphur........................  City Hall, 600 West Broadway
                                          Avenue, Sulphur, OK 73086.
Town of Dougherty......................  Murray County Courthouse, 1001
                                          West Wyandotte Avenue,
                                          Sulphur, OK 73086.
Unincorporated Areas of Murray County..  Murray County Courthouse, 1001
                                          West Wyandotte Avenue,
                                          Sulphur, OK 73086.
------------------------------------------------------------------------

               Ellis County, Texas and Incorporated Areas
          Project: 20-06-0076S Preliminary Date: April 13, 2021
------------------------------------------------------------------------
City of Cedar Hill.....................  Public Works Department, 285
                                          Uptown Boulevard, Cedar Hill,
                                          TX 75104.
City of Ennis..........................  City Hall, 115 West Brown
                                          Street, Ennis, TX 75119.
City of Grand Prairie..................  Municipal Complex, Stormwater
                                          Department, 300 West Main
                                          Street, Grand Prairie, TX
                                          75050.
City of Mansfield......................  City Hall, 1200 East Broad
                                          Street, Mansfield, TX 76063.
City of Midlothian.....................  City Hall, 104 West Avenue
                                          East, Midlothian, TX 76065.
City of Oak Leaf.......................  City Hall, 301 Locust Drive,
                                          Oak Leaf, TX 75154.
City of Ovilla.........................  City Hall, 105 Cockrell Hill
                                          Road, Ovilla, TX 75154.
City of Pecan Hill.....................  Pecan Hill City Hall, 1094
                                          South Lowrance Road, Red Oak,
                                          TX 75154.
City of Red Oak........................  City Hall, 200 Lakeview
                                          Parkway, Red Oak, TX 75154.
City of Venus..........................  City Hall, 700 West US Highway
                                          67, Venus, TX 76084.
City of Waxahachie.....................  City Hall, 401 South Rogers
                                          Street, Waxahachie, TX 75165.
Unincorporated Areas of Ellis County...  Ellis County Courthouse, 101
                                          West Main Street, Waxahachie,
                                          TX 75165.
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[FR Doc. 2022-05362 Filed 3-14-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3812-3814]
[FR Doc No: 2022-01369]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-3662]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Guidance on Reagents for Detection of Specific Novel
Influenza A Viruses

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on information collection
associated with the guidance on reagents for detection of specific
novel influenza A viruses.

DATES: Submit either electronic or written comments on the collection
of information by March 28, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,

untimely filed comments will not be considered. Electronic comments
must be submitted on or before March 28, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of March 28, 2022. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2015-N-3662 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Guidance on Reagents for
Detection of Specific Novel Influenza A Virus.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Guidance on Reagents for Detection of Specific Novel Influenza A
Viruses--21 CFR Part 866

OMB Control Number 0910-0584--Extension

    In accordance with section 513 of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 360c), FDA evaluated an application
for an in vitro diagnostic device for detection of influenza subtype H5
(Asian lineage), commonly known as avian flu. FDA concluded that this
device is properly classified into class II in accordance with section
513(a)(1)(B) of the FD&C Act, because it is a device for which the
general controls by themselves are insufficient to provide reasonable
assurance of the safety and effectiveness of the device, but there is
sufficient information to establish special controls to provide such
assurance. The statute permits FDA to establish as special controls
many different things, including postmarket surveillance, development
and dissemination of guidance recommendations, and ``other appropriate
actions as the Secretary [of HHS] deems necessary'' (section

513(a)(1)(B) of the FD&C Act). This information collection is a measure
that FDA determined to be necessary to provide reasonable assurance of
safety and effectiveness of reagents for detection of specific novel
influenza A viruses.
    FDA issued an order classifying the H5 (Asian lineage) diagnostic
device into class II on March 22, 2006 (71 FR 14377), establishing the
special controls necessary to provide reasonable assurance of the
safety and effectiveness of that device and similar future devices. The
new classification was codified in 21 CFR 866.3332, a regulation that
describes the new classification for reagents for detection of specific
novel influenza A viruses and sets forth the special controls that help
to provide a reasonable assurance of the safety and effectiveness of
devices classified under that regulation. The regulation refers to the
document entitled ``Class II Special Controls Guidance Document:
Reagents for Detection of Specific Novel Influenza A Viruses,'' which
provides recommendations for measures to help provide a reasonable
assurance of safety and effectiveness for these reagents. The guidance
recommends that sponsors obtain and analyze postmarket data to ensure
the continued reliability of their device in detecting the specific
novel influenza A virus that it is intended to detect, particularly
given the propensity for influenza viruses to mutate and the potential
for changes in disease prevalence over time. The guidance document is
available on our website at: https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm078583.htm.
    As updated sequences for novel influenza A viruses become available
from the World Health Organization, National Institutes of Health, and
other public health entities, sponsors of reagents for detection of
specific novel influenza A viruses will collect this information,
compare them with the primer/probe sequences in their devices, and
incorporate the result of these analyses into their quality management
system, as required by 21 CFR 820.100(a)(1). These analyses will be
evaluated against the device design validation and risk analysis
required by 21 CFR 820.30(g) to determine if any design changes may be
necessary.
    FDA estimates that 12 respondents will be affected annually. The
respondent will collect this information twice per year; each response
is estimated to take 15 hours. This results in a total data collection
burden of 360 hours.
    The guidance also refers to previously approved information
collections found in FDA regulations. The collections of information in
21 CFR part 801 have been approved under OMB control number 0910-0485;
the collections of information in 21 CFR part 807, subpart E have been
approved under OMB control number 0910-0120; and the collections of
information in 21 CFR part 820 have been approved under OMB control
number 0910-0073.
    FDA estimates the burden of this collection of information as
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
            Activity                 Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Recordkeeping regarding reagents              12               2              24              15             360
 for detection of specific novel
 influenza A viruses............
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Our estimated burden for the information collection reflects an
overall increase of 330 hours and a corresponding increase of 22
records. We attribute this adjustment to an increase in the number of
devices of this type being manufactured over the last few years.

    Dated: January 19, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-01369 Filed 1-24-22; 8:45 am]
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[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20244-20246]
[FR Doc No: 2013-07768]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0409; FRL-9797-8]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone
Standard for the Pittsburgh-Beaver Valley Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making two separate and independent determinations
regarding the Pittsburgh-Beaver Valley 1997 8-hour ozone nonattainment
area (the Pittsburgh Area). First, EPA is making a determination that
the Pittsburgh Area attained the 1997 8-hour ozone national ambient air
quality standard (NAAQS) by the applicable attainment date of June 15,
2010. This determination is based upon complete, quality assured, and
certified ambient air monitoring data for the 2007-2009 monitoring
period showing monitored attainment of the 1997 8-hour ozone NAAQS.
Second, EPA is making a determination that the Pittsburgh Area is
attaining the 1997 8-hour ozone NAAQS, based on complete, quality
assured, and certified ambient air monitoring data for the 2009-2011
monitoring period, and preliminary data for 2012. This final
determination suspends the requirement for the Pittsburgh Area to
submit an attainment demonstration, reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, and
contingency measures related to attainment of the 1997 8-hour ozone
NAAQS for so long as the area continues to attain that NAAQS. These
determinations do not constitute a redesignation to attainment. The
Pittsburgh Area will remain designated nonattainment for the 1997 8-
hour ozone NAAQS until such time as EPA determines that the Pittsburgh
Area meets the Clean Air Act (CAA) requirements for redesignation to
attainment, including an approved maintenance plan. These actions are
being taken under the CAA.

DATES: This final rule is effective on May 6, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0409. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On December 10, 2012 (77 FR 73387), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
December 10, 2012 rulemaking action, EPA proposed to determine that the
Pittsburgh Area attained the 1997 8-hour ozone NAAQS by its attainment
date, June 15, 2010. EPA also proposed to make a clean data
determination, finding that the Pittsburgh Area has attained the 1997
8-hour ozone NAAQS. No comments were received on the December 10, 2012
NPR.

II. Summary of SIP Revision

    These actions do not constitute a redesignation of the Pittsburgh
Area to attainment for the 1997 8-hour ozone NAAQS under CAA section
107(d)(3). Neither determination of attainment involves approving a
maintenance plan for the Pittsburgh Area, nor determines that the
Pittsburgh Area has met all the requirements for redesignation under
the CAA, including that the attainment be due to permanent and
enforceable measures. Therefore, the designation status of the
Pittsburgh Area will remain nonattainment for the 1997 8-hour ozone
NAAQS until such time as EPA takes final rulemaking action to determine
that the Pittsburgh Area meets the CAA requirements for redesignation
to attainment.

A. Determination of Attainment by the Attainment Date

    EPA is making a determination that the Pittsburgh Area attained the
1997 8-hour ozone NAAQS by its applicable attainment date of June 15,
2010. This determination is based upon complete, quality assured and
certified ambient air monitoring data for the 2007-2009 monitoring
period, which is the last full three-year period prior to the June 15,
2010 attainment date. The 2007-2009 data show that the Pittsburgh Area
monitored attainment of the 1997 8-hour ozone NAAQS. The effect of a
final determination of attainment by the Pittsburgh Area's attainment
date is to discharge EPA's obligation under CAA section 181(b)(2) to
determine, based on the Pittsburgh Area's air quality as of the
attainment date, whether the area attained the standard by that date
and to establish that the Pittsburgh Area will not be reclassified.

B. ``Clean Data'' Determination of Attainment

    EPA is also making a determination that the Pittsburgh Area has
attained the 1997 8-hour ozone NAAQS. This determination is based upon
complete, quality assured and certified ambient air monitoring data
that show the Pittsburgh Area has monitored attainment of the 1997 8-
hour ozone NAAQS for the 2009-2011 monitoring period. Preliminary data
for 2012 are consistent with continued attainment. Under the provisions
of EPA's implementation rule for the 1997 8-hour NAAQS (see 40 CFR
51.918), a final determination of attainment suspends the CAA
requirements for the Pittsburgh Area to submit an attainment
demonstration and the associated RFP plan, contingency measures, RACM
analysis, and any other planning requirements related to attainment of
the 1997 8-hour ozone NAAQS required for moderate areas under subpart 2
of the CAA. This suspension would remain in effect until such time, if
any,

that EPA (i) redesignates the area to attainment at which time those
requirements no longer apply, or (ii) subsequently determines, after
notice-and-comment rulemaking, that the Pittsburgh Area has violated
the 1997 8-hour ozone NAAQS. This final determination is separate from,
and does not influence or otherwise affect, any future designation or
requirements for the Pittsburgh Area based on any new or revised ozone
NAAQS. It remains in effect regardless of whether EPA designates the
Pittsburgh Area as a nonattainment area for purposes of any new or
revised ozone NAAQS.

C. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the 8-hour ozone ambient air quality monitoring data for
the 2007-2009, 2008-2010, and 2009-2011 monitoring periods for the
Pittsburgh Area, as recorded in EPA's Air Quality System (AQS)
database. On the basis of that review, EPA has concluded that the
Pittsburgh Area attained the 1997 8-hour ozone NAAQS by its attainment
date, based on data for the 2007-2009 monitoring period. EPA has also
concluded that the Pittsburgh Area continues to attain, based on data
for the 2008-2010 and 2009-2011 monitoring periods. Preliminary 2012
data is consistent with continued attainment.
    In the Technical Support Document (TSD) prepared for this action,
EPA has evaluated the air quality data for the Pittsburgh Area. EPA's
review of the data indicates that the Pittsburgh Area has met the 1997
8-hour ozone NAAQS. For details, please refer to EPA's TSD, which can
be viewed at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-
2012-0409. The rationale for EPA's action is explained in the NPR and
will not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is making two determinations regarding the Pittsburgh Area.
First, pursuant to section 181(b)(2)(A) of the CAA, EPA is making a
determination that the Pittsburgh Area has attained the 1997 8-hour
ozone NAAQS by its moderate area attainment date, June 15, 2010.
Second, EPA is making a determination that the Pittsburgh Area is
attaining the 1997 8-hour ozone NAAQS, based on complete, quality
assured, and certified ambient air monitoring data for the 2009-2011
monitoring period, and preliminary data for 2012. This final
determination suspends the requirements for the Pittsburgh Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 1997 8-hours ozone NAAQS for so long as the area
continues to attain the 1997 8-hour ozone NAAQS. These determinations
do not constitute a redesignation to attainment. The Pittsburgh Area
will remain designated nonattainment for the 1997 8-hour ozone NAAQS
until such time as EPA determines that the Pittsburgh Area meets the
CAA requirements for redesignation to attainment, including an approved
maintenance plan.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes determinations of attainment based on air
quality, will result in the suspension of certain Federal requirements
and/or will not impose any additional requirements beyond those imposed
by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 3, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This determination that the Pittsburgh Area has attained the
1997 8-hour ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone.

    Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

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 NN--Pennsylvania

0
2. Section 52.2037 is amended by adding paragraph (s) to read as
follows:

Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (s) Determination of attainment. EPA has determined, as of April 4,
2013, that based on 2009 to 2011 ambient air quality data, the
Pittsburgh-Beaver Valley, PA moderate nonattainment area has attained
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).
This determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 8-hour ozone NAAQS.

0
3. Section 52.2056 is amended by adding paragraph (i) to read as
follows:

Sec.  52.2056  Determinations of attainment.

* * * * *
    (i) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, the Pittsburgh-Beaver Valley, PA moderate
nonattainment area has attained the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 181(b)(2)(A) to determine, based on
the area's air quality as of the attainment date, whether the area
attained the standard. EPA also determined that the Pittsburgh-Beaver
Valley, PA moderate nonattainment area will not be reclassified for
failure to attain by its applicable attainment date pursuant to section
181(b)(2)(A).

[FR Doc. 2013-07768 Filed 4-3-13; 8:45 am]
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[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Page 67383]
[FR Doc No: 2013-26987]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4150-DR; Docket ID FEMA-2013-0001]

Kansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Kansas (FEMA-4150-DR), dated October 22,
2013, and related determinations.

DATES: Effective Date: October 22, 2013.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 22, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Kansas resulting from severe storms, straight-line winds,
tornadoes, and flooding during the period of July 22 to August 16,
2013, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Kansas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Barber, Barton, Bourbon, Butler, Chase, Cherokee, Clark, Clay,
Cloud, Coffey, Comanche, Cowley, Crawford, Dickinson, Edwards, Elk,
Ellsworth, Ford, Geary, Greenwood, Hamilton, Harper, Harvey,
Hodgeman, Kingman, Kiowa, Lane, Linn, Lyon, Marion, McPherson,
Meade, Montgomery, Morris, Ness, Ottawa, Pawnee, Pratt, Reno,
Republic, Rice, Saline, Sumner, Washington, Wilson, and Woodson
Counties for Public Assistance.
    All counties within the State of Kansas are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-26987 Filed 11-8-13; 8:45 am]
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