[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9544-9546]
[FR Doc No: 2019-04870]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

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_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, 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.

    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(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.

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                      Location and  case      Chief executive officer of                                                                      Community
  State and county           No.                      community                  Community map repository          Date of modification          No.
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Colorado:
    Adams (FEMA      City of Westminster  The Honorable Herb Atchison,       City Hall, 4800 West 92nd         Feb. 14, 2019...............       080008
     Docket No.: B-   (18-08-0635P).       Mayor, City of Westminster, 4800   Avenue, Westminster, CO 80031.
     1871).                                West 92nd Avenue, Westminster,
                                           CO 80031.
    Adams (FEMA      Unincorporated       The Honorable Mary Hodge, Chair,   Adams County Development          Feb. 14, 2019...............       080001
     Docket No.: B-   areas of Adams       Adams County Board of              Engineering Services
     1871).           County (18-08-       Commissioners, 4430 South Adams    Department, 4430 South Adams
                      0635P).              County Parkway, 5th Floor, Suite   County Parkway, Brighton, CO
                                           C5000A, Brighton, CO 80601.        80601.
    Larimer (FEMA    City of Fort         The Honorable Wade Troxell,        Stormwater Utilities Department,  Feb. 21, 2019...............       080102
     Docket No.: B-   Collins (17-08-      Mayor, City of Fort Collins, 300   700 Wood Street, Fort Collins,
     1871).           1354P).              LaPorte Avenue, Fort Collins, CO   CO 80521.
                                           80521.
    Larimer (FEMA    Town of Timnath (17- The Honorable Jill Grossman-       Town Hall, 4800 Goodman Street,   Feb. 21, 2019...............       080005
     Docket No.: B-   08-1354P).           Belisle, Mayor, Town of Timnath,   Timnath, CO 80547.
     1871).                                4800 Goodman Street, Timnath, CO
                                           80547.
    Larimer (FEMA    Unincorporated       The Honorable Steve Johnson,       Larimer County Engineering        Feb. 21, 2019...............       080101
     Docket No.: B-   areas of Larimer     Chairman, Larimer County Board     Department, 200 West Oak
     1871).           County (17-08-       of Commissioners, P.O. Box 1190,   Street, Suite 3000, Fort
                      1354P).              Fort Collins, CO 80522.            Collins, CO 80521.
Connecticut:
    Fairfield (FEMA  City of Norwalk (18- The Honorable Harry W. Rilling,    Planning and Zoning Department,   Feb. 21, 2019...............       090012
     Docket No.: B-   01-1147P).           Mayor, City of Norwalk, 125 East   125 East Avenue, Norwalk, CT
     1871).                                Avenue, Norwalk, CT 06851.         06851.
    Fairfield (FEMA  Town of Darien (18-  The Honorable Jayme J. Stevenson,  Planning and Zoning Department,   Feb. 25, 2019...............       090005
     Docket No.: B-   01-1839P).           First Selectwoman, Town of         2 Renshaw Road, Darien, CT
     1900).                                Darien Board of Selectmen, 2       06820.
                                           Renshaw Road, Darien, CT 06820.
    Fairfield (FEMA  Town of Newtown (18- The Honorable Dan Rosenthal,       Town Hall, 3 Primrose Street,     Feb. 19, 2019...............       090011
     Docket No.: B-   01-0540P).           First Selectman, Town of Newtown   Newtown, CT 06470.
     1866).                                Board of Selectmen, 3 Primrose
                                           Street, Newtown, CT 06470.
Florida:
    Lee (FEMA        City of Sanibel (18- The Honorable Kevin Ruane, Mayor,  Planning and Code Enforcement     Feb. 19, 2019...............       120402
     Docket No.: B-   04-3740P).           City of Sanibel, 800 Dunlop        Department, 800 Dunlop Road,
     1871).                                Road, Sanibel, FL 33957.           Sanibel, FL 33957.
    Monroe (FEMA     City of Layton (18-  The Honorable Norman S. Anderson,  Building Department, 68280        Feb. 8, 2019................       120169
     Docket No.: B-   04-5816P).           Mayor, City of Layton, P.O. Box    Overseas Highway, Long Key, FL
     1866).                                778, Long Key, FL 33001.           33001.
    Monroe (FEMA     City of Layton (18-  The Honorable Norman S. Anderson,  Building Department, 68280        Feb. 14, 2019...............       120169
     Docket No.: B-   04-5890P).           Mayor, City of Layton, P.O. Box    Overseas Highway, Long Key, FL
     1866).                                778, Long Key, FL 33001.           33001.
    Monroe (FEMA     Unincorporated       The Honorable David Rice, Mayor,   Monroe County Building            Feb. 19, 2019...............       125129
     Docket No.: B-   areas of Monroe      Monroe County Board of             Department, 2798 Overseas
     1866).           County (18-04-       Commissioners, 9400 Overseas       Highway, Suite 300, Marathon,
                      5923P).              Highway, Suite 210, Marathon, FL   FL 33050.
                                           33050.
    Monroe (FEMA     Unincorporated       The Honorable David Rice, Mayor,   Monroe County Building            Feb. 22, 2019...............       125129
     Docket No.: B-   areas of Monroe      Monroe County Board of             Department, 9400 Overseas
     1871).           County (18-04-       Commissioners, 9400 Overseas       Highway, Suite 300, Marathon,
                      6042P).              Highway, Suite 210, Marathon, FL   FL 33050.
                                           33050.
    Monroe (FEMA     Village of           The Honorable Chris Sante, Mayor,  Planning and Development          Feb. 19, 2019...............       120424
     Docket No.: B-   Islamorada (18-04-   Village of Islamorada, 86800       Department, 86800 Overseas
     1866).           6933P).              Overseas Highway, Islamorada, FL   Highway, Islamorada, FL 33036.
                                           33036.
    Pasco (FEMA      Unincorporated       The Honorable Mike L. Wells,       Pasco County Building and         Feb. 28, 2019...............       120230
     Docket No.: B-   areas of Pasco       Chairman, Pasco County Board of    Construction Services
     1871).           County (17-04-       Commissioners, 8731 Citizens       Department, 8731 Citizens
                      7747P).              Drive, Suite 100, New Port         Drive, New Port Richey, FL
                                           Richey, FL 34654.                  34654.
    Pinellas (FEMA   Town of Indian       The Honorable Patrick Soranno,     Building Department, 19305 Gulf   Feb. 11, 2019...............       125118
     Docket No.: B-   Shores (18-04-       Mayor, Town of Indian Shores,      Boulevard, Indian Shores, FL
     1866).           5445P).              19305 Gulf Boulevard, Indian       33785.
                                           Shores, FL 33785.
    Polk (FEMA       Unincorporated       The Honorable R. Todd Dantzler,    Polk County Administration        Feb. 28, 2019...............       120261
     Docket No.: B-   areas of Polk        Chairman, Polk County Board of     Building, 330 West Church
     1871).           County (18-04-       Commissioners, P.O. Box 9005,      Street, Bartow, FL 33831.
                      5171P).              Bartow, FL 33831.

    Polk (FEMA       Unincorporated       The Honorable R. Todd Dantzler,    Polk County Floodplain            Feb. 14, 2019...............       120261
     Docket No.: B-   areas of Polk        Chairman, Polk County Board of     Department, 330 West Church
     1866).           County (18-04-       Commissioners, 330 West Church     Street, Bartow, FL 33831.
                      6600P).              Street, Bartow, FL 33831.
Louisiana:           Unincorporated       The Honorable Terry Matthews,      Morehouse Parish Police Jury,     Feb. 11, 2019...............       220367
 Morehouse (FEMA      areas of Morehouse   President, Morehouse Parish        125 East Madison Avenue,
 Docket No.: B-       Parish (18-06-       Police Jury, 125 East Madison      Bastrop, LA 71220.
 1866).               2764P).              Avenue, Bastrop, LA 71220.
Maryland: Somerset   Unincorporated       The Honorable Randy Laird,         Somerset County Department of     Feb. 28, 2019...............       240061
 (FEMA Docket No.:    areas of Somerset    President, Somerset County         Technical and Community
 B-1871).             County (18-03-       Commission, 11916 Somerset         Services, 11916 Somerset
                      1921P).              Avenue, Room 111, Princess Anne,   Avenue, Room 211, Princess
                                           MD 21853.                          Anne, MD 21853.
New Hampshire:       City of Manchester   The Honorable Joyce Craig, Mayor,  Planning Department, 1 City Hall  Feb. 14, 2019...............       330169
 Hillsborough (FEMA   (18-01-0929P).       City of Manchester, 1 City Hall    Plaza, Manchester, NH 03101.
 Docket No.: B-                            Plaza, Manchester, NH 03101.
 1871).
New Mexico:          City of Albuquerque  The Honorable Timothy M. Keller,   Planning Department, 600 2nd      Feb. 11, 2019...............       350002
 Bernalillo (FEMA     (18-06-1222P).       Mayor, City of Albuquerque, P.O.   Street Northwest, Albuquerque,
 Docket No.: B-                            Box 1293, Albuquerque, NM 87103.   NM 87102.
 1866).
North Dakota: Stark  City of Dickinson    The Honorable Scott Decker,        City Hall, 99 2nd Street East,    Feb. 20, 2019...............       380117
 (FEMA Docket No.:    (18-08-0776P).       Mayor, City of Dickinson, 99 2nd   Dickinson, ND 58601.
 B-1866).                                  Street East, Dickinson, ND
                                           58601.
South Carolina:      Unincorporated       The Honorable Britt Blackwell,     York County Heckle Complex, 1070  Feb. 11, 2019...............       450193
 York (FEMA Docket    areas of York        Chairman, York County Council,     Heckle Boulevard, Suite 107,
 No.: B-1866).        County (18-04-       P.O. Box 66, York, SC 29745.       York, SC 29732.
                      1779P).
South Dakota:        City of Spearfish    The Honorable Dana Boke, Mayor,    City Hall, 625 5th Street,        Feb. 25, 2019...............       460046
 Lawrence (FEMA       (18-08-0274P).       City of Spearfish, 625 5th         Spearfish, SD 57783.
 Docket No.: B-                            Street, Spearfish, SD 57783.
 1871).
Texas:
    Denton (FEMA     City of Denton (18-  The Honorable Chris A. Watts,      Engineering Services Department,  Feb. 25, 2019...............       480194
     Docket No.: B-   06-2351P).           Mayor, City of Denton, 215 East    901-A Texas Street, Denton, TX
     1871).                                McKinney Street, Suite 100,        76509.
                                           Denton, TX 76201.
    Denton (FEMA     City of The Colony   The Honorable Joe McCourry,        Engineering Department, 6800      Feb. 19, 2019...............       481581
     Docket No.: B-   (18-06-1146P).       Mayor, City of The Colony, 6800    Main Street, The Colony, TX
     1871).                                Main Street, The Colony, TX        75056.
                                           75056.
    Denton (FEMA     Town of Flower       The Honorable Steve Dixon, Mayor,  Town Hall, 2121 Cross Timbers     Feb. 19, 2019...............       480777
     Docket No.: B-   Mound (18-06-        Town of Flower Mound, 2121 Cross   Road, Flower Mound, TX 75028.
     1871).           2274P).              Timbers Road, Flower Mound, TX
                                           75028.
    Taylor (FEMA     City of Abilene (18- The Honorable Anthony Williams,    City Hall, 555 Walnut Street,     Feb. 25, 2019...............       485450
     Docket No.: B-   06-0761P).           Mayor, City of Abilene, P.O. Box   Abilene, TX 79601.
     1871).                                60, Abilene, TX 79604.
    Travis (FEMA     City of Austin (18-  Mr. Spencer Cronk, Manager, City   Watershed Protection Department,  Feb. 25, 2019...............       480624
     Docket No.: B-   06-1298P).           of Austin, P.O. Box 1088,          505 Barton Springs Road, 12th
     1871).                                Austin, TX 78767.                  Floor, Austin, TX 78704.
    Travis (FEMA     City of              The Honorable Victor Gonzales,     Development Services Center, 201- Feb. 11, 2019...............       481028
     Docket No.: B-   Pflugerville (18-    Mayor, City of Pflugerville,       B East Pecan Street,
     1866).           06-0800P).           P.O. Box 589, Pflugerville, TX     Pflugerville, TX 78691.
                                           78691.
    Travis (FEMA     Unincorporated       The Honorable Sarah Eckhardt,      Travis County Transportation and  Feb. 11, 2019...............       481026
     Docket No.: B-   areas of Travis      Travis County Judge, P.O. Box      Natural Resources Division, 700
     1866).           County (18-06-       1748, Austin, TX 78767.            Lavaca Street, Suite 540,
                      0800P).                                                 Austin, TX 78701.
    Travis (FEMA     Unincorporated       The Honorable Sarah Eckhardt,      Travis County Transportation and  Feb. 25, 2019...............       481026
     Docket No.: B-   areas of Travis      Travis County Judge, P.O. Box      Natural Resources Department,
     1871).           County (18-06-       1748, Austin, TX 78767.            700 Lavaca Street, 5th Floor,
                      1298P).                                                 Austin, TX 78767.
    Webb (FEMA       Unincorporated       The Honorable Tano E. Tijerina,    Webb County Planning Department,  Feb. 12, 2019...............       481059
     Docket No.: B-   areas of Webb        Webb County Judge, 1000 Houston    1110 Washington Street, Suite
     1900).           County (18-06-       Street, 3rd Floor, Laredo, TX      302, Laredo, TX 78040.
                      2395P).              78040.
Virginia:
    Chesterfield     Unincorporated       Mr. Joseph P. Casey,               Chesterfield County Department    Feb. 26, 2019...............       510035
     (FEMA Docket     areas of             Administrator, Chesterfield        of Environmental Engineering,
     No.: B-1871).    Chesterfield         County, P.O. Box 40,               9800 Government Center Parkway,
                      County (18-03-       Chesterfield, VA 23832.            Chesterfield, VA 23832.
                      1312P).
    Independent      City of              The Honorable Deanna R. Reed,      Department of Planning and        Feb. 14, 2019...............       510076
     City (FEMA       Harrisonburg (18-    Mayor, City of Harrisonburg, 409   Community Development, 409
     Docket No.: B-   03-1944P).           South Main Street, Harrisonburg,   South Main Street,
     1871).                                VA 22801.                          Harrisonburg, VA 22801.
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[FR Doc. 2019-04870 Filed 3-14-19; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19664-19665]
[FR Doc No: 2016-07682]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77475; File No. SR-Phlx-2016-36]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to
Partnerships

March 30, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder, \2\ notice is hereby given
that on March 17, 2016, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, 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 delete these Rules: 902 entitled,
``Admission to Partnership-Partnership Arrangements''; and 907
entitled, ``Partners and Officers.'' The text of the proposed rule
change is available on the Exchange's Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings, 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 delete certain Phlx membership rules in
order to harmonize and modernize the Exchange's Rulebook. Specifically,
Exchange proposes to delete Rules: 902 entitled, ``Admission to
Partnership-Partnership Arrangements''; and 907, entitled ``Partners
and Officers.'' Rule 902 was retained through the demutualization
process in 2004 and is no longer applicable to the business today.
Although Rule 907 was established following the demutualization the
requirements are no longer necessary. The proposed changes related to
the former need for the Exchange to more acutely understand the
ownership structure of partnerships as discussed in greater detail
below.
    Rule 902 was applicable when Phlx offered seats to its members,
prior to demutualization. Before demutualization, Phlx seats conveyed
ownership of the Exchange, which created a greater obligation on Phlx
to gather information on the members' corporate structure.
Specifically, Phlx was obligated to maintain a heighted vigilance on
the structure, ownership, and change of control in a partnership in
order to ensure the financial integrity of its ownership structure.
    Today, permits are issued to Exchange members and member
organizations. The Exchange no longer needs to differentiate ownership
structure as required under Rule 902 and 907 because the permit
structure conveys no ownership of the Exchange to the membership. These
membership rules related to partnerships are no longer applicable
today. The distinctions regarding the admission of member as a
partnership, as compared to a corporation, are no longer relevant. The
Exchange proposes to remove these outdated Rules.
Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\3\ in general, and furthers the objectives of section
6(b)(5) of the Act,\4\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that Rules 902 and 907(a) are burdensome and
unnecessary. These rules regarding admission of partnerships and
changes to the partnership serve no modern purpose to the Exchange. The
former ownership structure required the Exchange to be vigilant of the
ownership structure of its members in case of financial distress or
bankruptcy as the seat structure was vital to the financial condition
of the Exchange. Before demutualization, members had an ownership
interest in the Exchange. Today, permits convey no ownership and
therefore such vigilance as to the ownership structure of members is
not warranted.
    The only changes to the rules since demutualization were in 2009 in
order to replace the term ``Membership Committee'' with ``Membership
Department,'' which was done in conjunction with other changes to the
Exchange's standing committees and corporate governance processes in
order to make the Exchange more similar to the other Nasdaq SROs.
    Rule 907(b) is burdensome and unnecessary as well. The obligations
on the firm, its employees, and officers are not predicated on the
requirement that one of the officers be a member of the exchange,
therefore this rule has become obsolete. These rules have remained on
the books of the exchange for several years, despite their obsolescence
because they were not inconsistent with the membership process and the
overall regulatory goals of the Exchange.
    The removal of Rules 902 and 907 will promote just and equitable
principles of trade, and foster cooperation and coordination with
persons engaged in facilitating transactions in securities by removing
burdensome requirements so that members and member organizations may
properly focus on other relevant requirements which benefit the
marketplace.

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange's proposed amendments seek to delete certain
unnecessary rules

which today burden partnerships over corporations.
    The deletions of Rules 902 and 907(a) will remove a current burden
on competition which requires members and member organizations that are
partnerships to disclose unnecessary information as compared to other
corporate entities not structured as a partnership.
    The deletion of 907(b) will remove a current burden on competition
by eliminating the need to identify an officer that is a member of the
exchange which will have no practical effect on the exchange's
interaction with the company. The Exchange does not believe that there
is any impact on inter-market competition.

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)(iii) of the Act \5\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\6\
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    \5\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \6\ 17 CFR 240.19b-4(f)(6).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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. The Exchange has
provided 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.

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-Phlx-2016-36 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2016-36. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Phlx-2016-36 and
should be submitted on or before April 26, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-07682 Filed 4-4-16; 8:45 a.m.]
BILLING CODE 8011-01-P


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[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Notices]
[Page 26919]
[DOCID:fr04jn09-131]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Third Meeting--Special Committee 221--Aircraft Secondary Barriers
& Alternative Flight Deck Security Procedures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 221 meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 221: Aircraft Secondary Barriers &
Alternative Flight Deck Security Procedures.

DATES: The meeting will be held June 23-24, 2009. From 12 p.m. to 5
p.m. on June 23 and 9 a.m. to 5 p.m. on June 24.

ADDRESSES: The meeting will be held at RTCA, Inc., MacIntosh-NBAA and
Hilton-ATA Rooms, 1828 L Street, NW., Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 221, Aircraft Secondary
Barriers. The agenda will include:
     Opening Plenary (Welcome/Introductions/Administrative
Remarks);
     Approval of Summary of the Second Meeting held March 3-4,
2009, RTCA Paper No. 120-09/SC221-008;
     Leadership Comments;
     Review of Threat Work Group--Status Report;
     Review of Alternative Methods Work Group--Status Report;
     Review of Installed Physical Secondary Barrier (IPSB) Work
Group--Status Report;
     Presentation/Discussion of SC-221 Schedule and Milestones;
     Discussion of Working Group reports: Re-allocation of
groups, capture learning points, discuss additional or follow-on goals;
     Approval and Tasking of Existing/Proposed Working Groups;
     Closing Plenary (Other Business--Including Proposed
Agenda, Date and Place for Next Meeting).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on May 27, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E9-12989 Filed 6-3-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Rules and Regulations]
[Page 58759-58762]
[DOCID:fr17oc07-8]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-KY-0004-200733, FRL-8482-5]

Approval and Promulgation of Implementation Plans Kentucky:
Performance Testing and Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve revisions to the
Kentucky State Implementation Plan (SIP), submitted by the Kentucky
Department of Air Quality (KDAQ) on September 6, 2005. The revisions
include modifications to Kentucky's Administrative Regulations (KAR)
Title 401, Chapters 50:045 and 63:005, which pertain to Kentucky's
performance testing and open burning provisions, respectively. These
revisions are part of Kentucky's strategy to meet the national ambient
air quality standards (NAAQS) by reducing emissions of volatile organic
compounds and nitrogen oxides, which are the precursors to ozone
formation. Open burning creates smoke that contains fine particles
(PM2.5) and precursors to ozone. The approved rules are intended to
help control levels of PM2.5 and ozone precursors that contribute to
high ozone and PM2.5 levels. This action is being taken pursuant to
section 110 of the Clean Air Act (CAA). This final rule also addresses
a comment made on EPA's proposed rulemaking for this action published
on January 17, 2007.

EFFECTIVE DATE: This rule will be effective November 16, 2007.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2005-KY-0004. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although listed

in the index, some information is not publicly available, i.e.,
Confidential

Business Information 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 http://www.regulations.gov or in hard

copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9074. Ms LeSane can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Today's Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. Today's Action

    EPA is taking final action to approve revisions to the Kentucky SIP
incorporating changes made to two Kentucky regulations: 401 KAR 50:045
and 401 KAR 63:005. These revisions pertain to performance testing
requirements and open burning, respectively, and are part of the
Commonwealth's strategy to meet the NAAQS by reducing emissions of
PM2.5 and ozone precursors. This final action also includes a response
to a comment made on EPA's proposed rulemaking for this action,
published January 17, 2007 (72 FR 1954).

II. Background

    On September 6, 2005, KDAQ submitted to EPA proposed SIP revisions
for review and approval into the Kentucky SIP. The proposed revisions
include changes made by Kentucky to its performance testing and open
burning regulations, found at 401 KAR 50:045 and 401 KAR 63:005,
respectively. Both sets of rules were already incorporated into the SIP
and the September 6, 2005, revisions were updates to such rules. The
rule changes proposed for inclusion in the SIP became state effective
on July 13, 2005. 401 KAR 50:045, ``Performance Tests,'' provide
guidelines for the methodology, testing conditions, and reporting
requirements for sources required to undertake performance testing. The
proposed revisions to 401 KAR 50:045 are essentially a recodification/
renumbering in order to maintain necessary performance testing
requirements currently found in 401 KAR 50:016, which is being
repealed. Since 401 KAR 50:016 was never incorporated into the Kentucky
SIP, neither the September 6, 2005, SIP revision, nor this action is
addressing the repeal; however, this action is approving those
provisions that are being incorporated into 401 KAR 50:045 as a result
of the repeal of 401 KAR 50:016. In addition to the recodification/
renumbering, some minor changes were made to 401 KAR 50:045. Minor
changes made to 401 KAR 50:045 include: the option of submitting
alternate Compliance Test Protocol forms, and correction of federal
reference citations and typographical errors. These actions were taken
as a result of comments received by Kentucky during the public hearing.
    401 KAR 63:005, ``Open Burning,'' was first incorporated into the
Kentucky SIP on July 12, 1982 (47 FR 30059). The rule is structured
such that open burning in general is prohibited unless certain
conditions are met. These conditions are specified under Sections 4 and
5 of 401 KAR 63:005. The proposed revisions, submitted on September 6,
2005, were initiated because as written, the current regulation allowed
open burning of garbage in backyard environments. Kentucky amended the
rule to address the problems involving the disposal of debris from
storms and of other similar items and the open burning of mixed
household garbage, and clarified those instances when open burning is
permitted. Additionally, the changes explicitly allow fires set by
county or municipal governments to dispose of wood waste or clean
lumber, which was implied in the previous rule. Restrictions to open
burning still exist for those counties, or portions of counties, which
are, or were previously designated nonattainment for the 1-hour ozone,
8-hour ozone, PM10, or PM2.5 NAAQS. The changes to Kentucky's open
burning rule also assist in the clarity and enforceability of the rule.
The amendments to this rule clarify the types of materials that can be
burned and the time and places that open burning can occur to minimize
the impact on human health and the environment. The amendment also
provides added flexibility for local and county governments in
disposing of vegetative matter.
    The changes to both the performance testing and open burning rule
are approvable into the Kentucky SIP pursuant to section 110 of the
CAA.

III. Response to Comments

    EPA received comments from one commenter regarding the proposed
revisions to the Kentucky SIP published on January 17, 2007 (72 FR
1954). A summary of the adverse comments received on the proposed rule
and EPA's response to the comments, is presented below.
    Comment: EPA should add the Credible Evidence Rule, either via a
Federal Implementation Plan or a SIP Call, at the same time that EPA
finalizes this SIP revision.
    Response: The September 6, 2005, SIP revision is specifically
related to Kentucky rules regarding performance tests and open burning.
The comment is not directly related to the Kentucky rules at issue in
the September 6, 2005, SIP submittal. Nonetheless, on June 29, 2007,
EPA issued a letter responding to a Petition for Rulemaking filed by
the commenter regarding credible evidence and the Kentucky SIP. The
June 29, 2007, letter denied commenter's petition for rulemaking and
explained why EPA is not taking action, at this time, to require a
revision to the Kentucky SIP regarding credible evidence.
    Comment: The Federal Register notice must include the complete text
of the proposed SIP revision in order to allow for meaningful public
participation.
    Response: EPA disagrees with commenter's position on the content of
the Federal Register notice. Neither the CAA nor the Administrative
Procedure Act mandates that the Federal Register notice of proposed
rulemaking, or final rulemaking action, include the complete text of
the proposed SIP revision. The January 17, 2007 (72 FR 1954) proposal
satisfies the notice requirements by providing citations to the rules
at issue, offering the SIP revision for public review, and describing
the subjects and issues involved in the SIP revision. Publication in
the Federal Register is costly and resource intensive; EPA makes every
effort to provide key information in proposal notices while at the same
time using Agency resources efficiently. EPA drafts rulemaking notices
so as to enable public

understanding of the subjects and issues at hand. Should a member of
the public wish to review the complete text of the SIP revision,
instructions are provided in the notice of proposed rulemaking for how
the SIP revision may be accessed. In addition, the public may also
contact the listed contact for any further information or questions.
    Comment: The Kentucky SIP cannot allow waiving of performance
testing; 401 KAR 50:045 Section 4(1)(d), (2)(d), and (3)(c) cannot be
added into the Kentucky SIP.
    Response: The rule changes now being included into the Kentucky SIP
regarding performance testing (401 KAR 50:045) are consistent with
federal rules found at 40 CFR Part 63. The current changes are minimal;
the rules previously included in the SIP contained the waiver
provisions discussed by the commenter, so they are not new rules being
proposed for inclusion into the SIP for the first time. Generally,
rules are necessary to ensure compliance with any emission limitations
included in the SIP. The waiver provisions noted by commenter are also
included in the federal rule at 40 CFR 63.7(h). The waiver provisions
in 40 CFR 63.7(h) are delegable to states pursuant to 40 CFR 63.91(g).
EPA Region 4 has delegated the part 63 waiver authorities to the
Commonwealth of Kentucky. Kentucky is authorized to implement the
waiver provisions described in 401 KAR 50:045, consistent with the
federal rules. Kentucky's rules require that both the Cabinet and EPA
approve any waivers. As a result, Kentucky's rule has two layers of
review and protection. With regard to 401 KAR 50:045(3)(c), this
provision applies to sources that are not subject to standards
promulgated under 40 CFR 60, 61, or 63. As a result, Kentucky has
flexibility to implement its own waiver program, to the extent allowed
by federal law, with regard to such sources. Notably, these waiver
provisions apply only to performance testing and not to the underlying
emissions limits--regulated entities must comply with emissions limits
irrespective of any waivers for performance testing.

IV. Final Action

    EPA is taking final action to approve the proposed revisions
including changes to 401 KAR 50:045 and 401 KAR 63:045. These revisions
pertain to performance testing requirements and open burning,
respectively, and are part of the Commonwealth's strategy to meet the
NAAQS by reducing emissions of PM2.5 and ozone precursors. This final
rule also addresses a comment made on EPA's proposed rulemaking for
this action published January 17, 2007 (72 FR 1954).

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant and
because the Agency does not have reason to believe that the rule
concerns an environmental health risk or safety risk that may
disproportionately affect children.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the
Commonwealth to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a SIP submission for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it reviews
a SIP submission, to use VCS in place of a SIP submission that
otherwise satisfies the provisions of the CAA. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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).
    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 December 17, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 28, 2007.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

0
2. Section 52.920(c), Table 1 is amended by revising the entries for
``401 KAR 50:045'' and ``401 KAR 63:005'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1.--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                     Chapter 50 Division for Air Quality; General Administrative Procedures

                                                  * * * * * * *
401 KAR 50:045.................  Performance tests.        07/13/05  10/17/07 [Insert
                                                                      citation of
                                                                      publication].

                                                  * * * * * * *
                                  Chapter 63 General Standards of Performance

                                                  * * * * * * *
401 KAR 63:005.................  Open burning......        07/13/05  10/17/07 [Insert
                                                                      citation of
                                                                      publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E7-20334 Filed 10-16-07; 8:45 am]

BILLING CODE 6560-50-P