[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Rules and Regulations]
[Pages 8605-8606]
[FR Doc No: 2014-03060]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0683; Airspace Docket No. 13-ANE-1]

Amendment of Class E Airspace; Morrisville, VT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E Airspace at Morrisville, VT, as the
Morrisville-Stowe Non-Directional Beacon (NDB) has been decommissioned,
requiring airspace redesign at Morrisville-Stowe State Airport. This
enhances the safety and management of aircraft operations at the
airport. This action also updates the geographic coordinates of the
airport.

DATES: Effective 0901 UTC, April 3, 2014. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On December 6, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace at
Morrisville-Stowe State Airport, Morrisville, VT (78 FR 73465).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9X dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 14-mile radius of Morrisville-Stowe State Airport,
Morrisville, VT.
    Airspace reconfiguration is necessary due to the decommissioning of
the Morrisville-Stowe NDB and cancellation of the NDB approach, and for
continued safety and management of IFR operations at the airport. The
geographic coordinates of the airport also are adjusted to be in
concert with FAA's aeronautical database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the
United States Code. Subtitle I, Section 106 describes the authority of
the FAA Administrator. Subtitle VII, Aviation Programs, describes in
more detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends
controlled airspace at Morrisville-Stowe State Airport, Morrisville,
VT.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment

Lists of Subjects in 14 CFR Part 71:

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9X, Airspace Designations and Reporting
Points, dated August 7, 2013, effective September 15, 2013, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ANE VT E5 Morrisville, VT [Amended]

Morrisville-Stowe State Airport, VT
    (Lat. 44[deg]32'05'' N., long. 72[deg]36'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 14-mile radius of Morrisville-Stowe State Airport.

    Issued in College Park, Georgia, on February 4, 2014.
Eric Fox,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2014-03060 Filed 2-12-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 13, 2006 (Volume 71, Number 48)]
[Notices]
[Page 12749-12752]
[DOCID:fr13mr06-89]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53399; File No. SR-CBOE-2005-87]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Inc.; Notice of Filing of Proposed Rule Change and Amendment Nos. 1 and
2 Thereto Relating to Amending Exchange Delisting Rules To Conform to
Recent Amendments to Commission Rules Regarding Removal From Listing
and Withdrawal From Registration

March 2, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 21, 2005, the Chicago Board Options Exchange, Inc.
(``CBOE'' 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
substantially prepared by the Exchange. CBOE filed Amendment No. 1 to
the proposal on December 14, 2005.\3\ On February 24, 2006, CBOE filed
Amendment No. 2 to the proposal.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced the original filing in its
entirety.
    \4\ In Amendment No. 2, CBOE amended CBOE Rule 31.94(G)(h) to
state that in appropriate circumstances, when the Exchange is
considering delisting because a company no longer meets the
requirements for continued listing, a company may, with the consent
of the Exchange, file a Form 25 with the SEC, provided that it
follows the requirements set forth in SEC Rule 12d2-2(c) and
discloses that it is no longer eligible for continued listing on the
Exchange in its written notice to the Exchange and public press
release, and if it has a publicly accessible Web site, posts such
notice on that Web site.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise its non-option securities listing
rules to incorporate into the Exchange's delisting rules for non-option
securities new rule changes promulgated by the Commission in SEC Rule
12d2-2.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in [brackets].
* * * * *
Chicago Board Options Exchange, Incorporated
* * * * *
Rule 31.94. Suspension and Delisting Policies
* * * * *
C. Application of Policies
    To assist in the application of these policies, the Exchange has
adopted certain criteria, outlined below, which a security must meet to
continue to be listed on the Exchange. However, these minimum
criteria[,] in no way limit or restrict the Exchange's right to delist
a security, and the Exchange may at any time, in view of the
circumstances in each case, suspend dealings in, or remove, a security
from listing or unlisted trading when in its opinion such security is
unsuitable for continued trading on the Exchange. Such action will be
taken regardless of whether the issuer meets any or all of the criteria
discussed below.
* * * * *
(b) Limited Distribution--Reduced Market Value
    (i) common stock:
    (A) The number of shares publicly held (exclusive of holdings of
officers, directors, controlling shareholders or other family or
concentrated holdings) is at least 200,000; and
    (B) The total number of round lot shareholders of record is at
least 300; and
    (C) The aggregate market value of shares publicly held is at least
$1,000,000;
    (ii) Preferred stock:
    (A) The number of shares publicly held is at least 50,000; or
    (B) The aggregate market value of shares publicly held is at least
$1,000,000;
    (iii) Bonds: The delisting of bond and debenture issues will be
considered on a case by case basis. The Exchange will normally consider
suspending dealings in, or removing from the list, debt security when
any one or more of the following conditions exist:
    ([a]A) If the aggregate market value or the principal amount of
bonds publicly held is less than $400,000; or
    ([b]B) If the issuer is not able to meet its obligations on the
listed debt securities.
* * * * *
    Rule 31.94(C)(f) in the following form is effective until April 23,
2006. It will be rescinded after that date and will be replaced as set
forth below.
    (f) No change.
    Rule 31.94(C)(f) in the following form will be effective on April
24, 2006.
    (f) SEC Rule 12d2-2(a) Conditions--The Exchange will remove a class
of securities from listing whenever the Exchange is reliably informed
that any of the conditions set forth in Rule 12d2-2(a) under the
Exchange Act exist with respect to such security, such as a corporate
action where the entire security class is matured, redeemed, retired or
extinguished by operation of law, and shall file an application with
the SEC on Form 25 in accordance with Rule 12d2-2(a) under the Exchange
Act.
    New paragraph (g) of Rule 31.94(C) in the following form will be
effective on April 24, 2006.
    (g) Other Events--The Exchange will normally consider suspending
dealings in, or removing from the list, a security when any one of the
following events shall occur:
    (i) Registration No Longer Effective--If the registration (or
exemption from registration thereof) pursuant to the Exchange Act is no
longer effective.
    (ii) Operations Contrary to Public Interest--If the company or its
management shall engage in operations which, in the opinion of the
Exchange, are contrary to the public interest.
    (iii) Failure to Pay Listing Fees--If the company shall fail or
refuse to pay, when due, any applicable listing fees established by the
Exchange.
    (iv) Low Selling Price Issues--In the case of a common stock
selling for a

substantial period of time at a price less than $3 per share, if the
issuer shall fail to effect a reverse split of such shares within a
reasonable time after being notified that the Exchange deems such
action to be appropriate under all circumstances. In its review of the
question of whether it deems a reverse split of a given issue to be
appropriate, the Exchange will consider all pertinent factors
including, market conditions in general, the number of shares
outstanding, plans which may have been formulated by management,
applicable regulations of the state or country of incorporation or of
any governmental agency having jurisdiction over the company, the
relationship to other Exchange policies regarding continued listing,
and, in respect of securities of foreign issuers, the general practice
in the country of origin of trading in low-selling price issues.
* * * * *
G. Delisting Procedures
    The following introductory sentence of Rule 31.94(G) is effective
until April 23, 2006.
    Whenever the Exchange determines that it is appropriate to consider
removing a security from listing (or from unlisted trading) for other
than routine reasons (redemptions or maturities) it will follow the
following procedures:
    The following introductory sentence of Rule 31.94(G) will be
effective on April 24, 2006.
    Whenever the Exchange determines that it is appropriate to consider
removing a security from listing (or from unlisted trading) for other
than the reasons set forth in Rule 31.94(C)(f) it will follow the
following procedures:
    (a)-(g) No change.
    Rule 31.94(G)(h) in the following form is effective until April 23,
2006. It will be rescinded after that date and will be replaced as set
forth below.
    (h) No change.
    Rule 31.94(G)(h) in the following form will be effective on April
24, 2006.
    (h) If the Board of Directors or the Executive Committee, as the
case may be, shall approve the recommendation of the committee which
has heard the matter, an application shall be submitted by the Exchange
to the SEC to strike the security from listing (or unlisted trading)
and a copy of such application shall be furnished to the issuer in
accordance with Section 12 of the Exchange Act and the rules
promulgated thereunder. The Exchange shall also provide public notice
of its final determination to strike a class of securities from listing
by issuing a press release and posting notice on the Exchange's website
at least ten days prior to the date that the delisting is anticipated
to be effective. The posting will remain on the Exchange's website
until the delisting is effective. The action required to be taken by
the Exchange to strike a security from listing and registration for
corporate actions such as redemption, maturity, and retirement is set
forth in Exchange Rule 31.94(C)(f) and Rule 12d2-2(a) under the
Exchange Act. The relevant portions of the Section and Rules under the
Exchange Act pertaining to the suspension, removal or withdrawal of
securities for all other reasons, and the requirements of the Exchange
applicable in certain cases, are summarized below:
    (a) SEC authorization of withdrawal or striking from listing of
Exchange-listed security--Section 12(d) of Exchange Act;
    (b) Suspension of trading by Exchange--Rule 12d2-1 under the
Exchange Act;
    (c) Application of Exchange to strike security from listing and
registration--Rule 12d2-2(a) and (b) under the Exchange Act; or
    (d) Application of issuer to withdraw from listing and
registration--Rule 12d2-2(c) under the Exchange Act. Pursuant to Rule
12d2-2(c)(2)(i) under the Exchange Act, an issuer filing an application
on Form 25 must comply with all applicable laws in effect in the state
in which it is incorporated. Rule 12d2-2(c)(2)(ii) under the Exchange
Act provides that an issuer is required to provide written notice to
the Exchange of its determination to withdraw a class of securities
from listing and/or registration on the Exchange no fewer than ten days
before the issuer files an application on Form 25 with the SEC. As
required by Rule 12d2-2 under the Exchange Act, upon receiving written
notice from an issuer that such issuer has determined to withdraw a
class of securities from listing on the Exchange pursuant to this
paragraph (d), the Exchange will provide notice on its website of the
issuer's intent to delist its securities beginning on the business day
following such notice, which will remain on the Exchange's website
until the delisting on Form 25 is effective. The issuer must also
notify the Exchange that it has filed Form 25 with the SEC
contemporaneously with such filing.
    In appropriate circumstances, when the Exchange is considering
delisting because a company no longer meets the requirements for
continued listing, a company may, with the consent of the Exchange,
file a Form 25 with the SEC, provided that it follows the requirements
set forth in SEC Rule 12d2-2(c) and discloses that it is no longer
eligible for continued listing on the Exchange in its written notice to
the Exchange and public press release, and if it has a publicly
accessible Web site, posts such notice on that Web site.
* * * * *

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 CBOE included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The CBOE 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 Commission adopted amendments to SEC Rule 12d2-2,\5\ which sets
forth procedures that national securities exchanges and issuers must
follow in order to remove from listing, and withdraw from registration,
securities under Section 12(b) of the Act.\6\ The final rules \7\
adopted by the Commission (``SEC Delisting Rules'') generally require
that national securities exchanges have in place procedures for the
delisting and/or deregistration of a security that are consistent with
SEC Rule 12d2-2.\8\ The purpose of the proposed rule change is to
incorporate into CBOE's non-option securities listing rules the new
rules set forth in SEC Rule 12d2-2 \9\ so that the Exchange may
continue to have the authority to suspend or delist securities from
trading on the Exchange in the event that the issuer and/or securities
of the issuer fail to adhere to certain of the Exchange's original and
continued listing standards.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.12d2-2.
    \6\ 15 U.S.C. 78l(b).
    \7\ See Securities Exchange Act Release No. 52029 (July 14,
2005), 70 FR 42456 (July 22, 2005).
    \8\ 17 CFR 240.12d2-2.
    \9\ Id.
---------------------------------------------------------------------------

    The provisions of SEC Rule 12d2-2(a),\10\ which generally remain
unchanged by the SEC Delisting Rules, require national securities
exchanges to submit an application on SEC Form 25 \11\ within a
reasonable time after the exchange is reliably informed that any

of the conditions set forth in SEC Rule 12d2-2(a)(1)-(4) \12\ exist.
The conditions set forth in SEC Rule 12d2-2(a)(1)-(4) \13\ generally
relate to the redemption, retirement, or maturity of the entire class
of securities, or the extinguishment of all rights of an entire class
of securities of the issuer. Other than a submission by the Exchange to
the Commission of SEC Form 25,\14\ no other notice requirements or
appeal rights are required to be provided to the issuer under SEC Rule
12d2-2(a)(1)-(4).\15\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.12d2-2(a).
    \11\ 17 CFR 249.25.
    \12\ 17 CFR 240.12d2-2(a)(1)-(4).
    \13\ Id.
    \14\ 17 CFR 249.25.
    \15\ 17 CFR 240.12d2-2(a)(1)-(4).
---------------------------------------------------------------------------

    In the event a national securities exchange determines to strike a
class of securities from listing and/or withdraw the registration of
such securities in cases other than as set forth in SEC Rule 12d2-
2(a),\16\ the SEC Delisting Rules require national securities exchanges
to follow new procedures. Specifically, SEC Rule 12d2-2(b) \17\
authorizes national securities exchanges to strike a class of
securities from listing and/or withdraw the registration of such
securities provided that the rules of such exchanges provide for the
following: notification to the issuer of such determination; an
opportunity for the issuer to appeal the determination; and upon a
final determination of the Exchange to strike a class of securities
from listing and/or withdraw the registration of such securities,
provide public notice of such determination.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.12d2-2(a).
    \17\ 17 CFR 240.12d2-2(b).
---------------------------------------------------------------------------

    CBOE Chapter 31 sets forth the Exchange's non-option securities
listing rules. Current CBOE Rule 31.94 generally sets forth the
policies and procedures that apply to the delisting and suspension of
listing of non-option securities on the Exchange, including the
policies that guide the Exchange in determining whether to delist or
suspend non-option securities. In regard to the process by which the
Exchange delists non-option securities, current CBOE Rule 31.94(G)
differentiates between delistings that result from ``routine reasons,''
which are referred to in the introductory paragraph of that section as
``redemptions or maturities,'' and all other types of delistings. The
Exchange is only required to provide notice and the right to appeal
delistings resulting from non-routine events, but not routine events.
    To make the Exchange's delisting procedures consistent with SEC
Rule 12d2-2,\18\ the Exchange is proposing to revise current CBOE Rule
31.94(G) to clarify that the appeal and notification provisions for
delistings that are currently set forth in CBOE Rule 31.94(G) will only
apply to delistings that are based on reasons other than those that are
set forth in SEC Rule 12d2-2(a)(1)-(4).\19\ As stated above, SEC Rule
12d2-2(a)(1)-(4) \20\ requires an exchange to file Form 25 \21\ within
a reasonable time after it is reliably informed that, among other
things, an entire class of securities has matured or has been redeemed
or retired. The concept that the Exchange will delist a class of
securities for the reasons set forth in SEC Rule 12d2-2(a) \22\ is
currently set forth in Rule 31.94(C)(f)(ii) and effective April 24,
2006, will be reflected in proposed Rule 31.94(C)(f) as revised.
Proposed CBOE Rule 31.94(C)(f) also makes clear that the Exchange will
file SEC Form 25 \23\ with the Commission in connection with any such
delisting. Effective April 24, 2006, CBOE Rule 31.94(C)(f) in its
current form will shift to new CBOE Rule 31.94(C)(g), except that the
substance of current Rule 31.94(C)(f)(ii) will remain in the form of
proposed Rule 31.94(C)(f).
---------------------------------------------------------------------------

    \18\ 17 CFR 240.12d2-2.
    \19\ 17 CFR 240.12d2-2(a)(1)-(4).
    \20\ Id.
    \21\ 17 CFR 249.25.
    \22\ 17 CFR 240.12d2-2(a).
    \23\ 17 CFR 249.25.
---------------------------------------------------------------------------

    Likewise, the Exchange is revising CBOE Rule 31.94(G) to
incorporate the new requirements set forth in SEC Rule 12d2-2(b).\24\
The Exchange notes that the provisions set forth in current CBOE Rule
31.94(G), which provide for notification to the issuer in the event
that the Exchange determines to delist the issuer's securities and the
right to appeal the Exchange's determination, satisfy the minimum
provisions set forth in SEC Rule 12d2-2(b) \25\ except for the
requirement in SEC Rule 12d2-2(b)(iii) \26\ that requires national
securities exchanges to provide public notice of determinations to
delist an issuer's securities. As stated above, the notice and appeal
requirements only apply to delistings that result from events other
than those provided pursuant to SEC Rule 12d2-2(a).\27\ Therefore,
proposed CBOE Rule 31.94(G)(h) would require the Exchange to provide
public notice, in accordance with SEC Rule 12d2-2(b)(iii),\28\ of a
final determination by the Exchange to strike an issuer's securities
from listing and/or withdraw the registration of such securities on the
Exchange in all cases other than as provided pursuant to SEC Rule 12d2-
2(a).\29\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.12d2-2(b).
    \25\ Id.
    \26\ 17 CFR 240.12d2-2(b)(iii).
    \27\ 17 CFR 240.12d2-2(a).
    \28\ 17 CFR 240.12d2-2(b)(iii).
    \29\ 17 CFR 240.12d2-2(a).
---------------------------------------------------------------------------

    The Exchange is also proposing to make clear in proposed Rule
31.94(G) that the issuer is required to notify the Exchange in case it
elects to delist its securities from the Exchange, and upon such
notification, the Exchange would be required to issue a public notice
of such determination. These proposed changes reflect the requirements
set forth in SEC Rule 12d2-2(c).\30\ The proposed rule filing sets
forth a requirement in addition to those set forth in SEC Rule 12d2-
2(c) \31\ that would require the issuer to notify the Exchange that it
has filed Form 25 \32\ with the SEC contemporaneously with such filing.
---------------------------------------------------------------------------

    \30\ 17 CFR 240.12d2-2(c).
    \31\ Id.
    \32\ 17 CFR 249.25.
---------------------------------------------------------------------------

    In addition, CBOE proposes to amend CBOE Rule 31.94(G)(h) to state
that in appropriate circumstances, when the Exchange is considering
delisting because a company no longer meets the requirements for
continued listing, a company may, with the consent of the Exchange,
file a Form 25 with the SEC, provided that it follows the requirements
set forth in SEC Rule 12d2-2(c) and discloses that it is no longer
eligible for continued listing on the Exchange in its written notice to
the Exchange and public press release, and if it has a publicly
accessible Web site, posts such notice on that Web site.\33\
---------------------------------------------------------------------------

    \33\ See Amendment No. 2, supra note 4.
---------------------------------------------------------------------------

    Lastly, the Exchange is proposing to make housekeeping changes that
relate to references to the Act and certain rules in the Act.
    The proposed changes, other than the housekeeping changes, will be
effective as of April 24, 2006 as required by SEC Rule 12d2-2.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 240.12d2-2.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the basis under the Act for this
proposed rule change is found in Section 6(b)(5),\35\ in that the
proposed rule change is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system and, in general, to protect
investors and the public interest. In particular, the Exchange believes
that the proposed rule change will enable the Exchange to remain
competitive in the marketplace.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78f(b)(5).

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

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.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall:
    (a) By order approve such proposed rule change, or
    (b) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-CBOE-2005-87 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2005-87. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the CBOE. 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-CBOE-2005-87 and should be submitted on or before April
3, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
[FR Doc. E6-3486 Filed 3-10-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Proposed Rules]
[Page 12794-12799]
[DOCID:fr25mr09-60]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1035]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents, and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before June 23, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1035, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202) 646-3151 or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs 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 BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically

excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.
    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

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

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in feet
                                                                                (NGVD) + Elevation
                                                                                in feet (NAVD)
                 State                       City/town/county                  Source of flooding                                      Location **                            Depth in
                                                                                feet above ground
                                                                                ---------------------
                                                                                Existing   Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Village of McDonald, Ohio
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio..................................  Village of McDonald......  Mahoning River............................  Approximately 8,500 feet upstream of I-80..................       None       +855
                                                                                Approximately 17,600 feet upstream of I-80.................       None       +858
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
 Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                                                ADDRESSES
Village of McDonald
Maps are available for inspection at 451 Ohio Avenue, McDonald, OH 44437.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                     * Elevation in feet
                                                                     (NGVD)  + Elevation
                                                                       in feet (NAVD)
         Flooding source(s)              Location of referenced       Depth in    Communities affected
                                              elevation **            feet above ground
                                                                   ----------------------
                                                                    Effective   Modified
----------------------------------------------------------------------------------------------------------------
                               Sebastian County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Vache Grasse Creek...........  At the Confluence of Unnamed       None       +402  City of Barling.
                                       Stream.
                                      Approximately 4,060 feet           None       +479
                                       upstream From Rye Hill Road.
Little Vache Grasse Creek Tributary   At the Confluence of Little        None       +434  City of Barling.
 9.                                    Vache Grasse Creek.
                                      Approximately 3,580 feet           None       +478
                                       upstream from Unnamed Road.
Unnamed Stream......................  At the Confluence of Little        None       +445  City of Barling.
                                       Vache Grasse Creek.
                                      Approximately 1,260 feet           None       +448
                                       upstream from Confluence of
                                       Little Vache Grasse Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Barling

Maps are available for inspection at 304 Church Street, Barling, AR 72923.
----------------------------------------------------------------------------------------------------------------
                                 Yolo County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ponding Area........................  Area northwest of                  None    Unincorporated Areas
                                       intersection of Interstate                      2   of Yolo County.
                                       505/County Road 90 and
                                       Russell Boulevard/Grant
                                       Avenue.
                                      Area north of Moody Slough         None
                                       Road, west of County Road                       2
                                       89, and east of County Road
                                       88.
                                      Area north of an unnamed           None
                                       road, west of County Road                       2
                                       89, and east of County Road
                                       88.
Zone AE Area........................  Area north of King Road,           None        +23  Unincorporated Areas
                                       south of Mills Road, and                            of Yolo County.
                                       east of County Road 104.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Unincorporated Areas of Yolo County
Maps are available for inspection at Yolo County Planning and Public Works Department, 292 West Beamer Street,
 Woodland, CA.
----------------------------------------------------------------------------------------------------------------
                                    Linn County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Creek...........................  South Ely Street............       None       +713  City of Bertram.
                                      Big Creek Road..............       None       +719
Cedar Lake..........................  Entire Shoreline of Cedar          None       +727  City of Cedar Rapids.
                                       Lake.
Cedar River.........................  1300 feet downstream of the        +712       +711  City of Cedar Rapids.
                                       confluence with Indian
                                       Creek.
                                      Just downstream of Edgewood        +731       +730
                                       Road.
McClouds Run........................  1373 feet downstream of            None       +728  City of Cedar Rapids.
                                       Shaver Road Northwest.
                                      1056 feet upstream of Shaver       None       +728
                                       Road Northeast.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Bertram
Maps are available for inspection at 930 First Street Southwest, Cedar Rapids, IA 52404.

City of Cedar Rapids
Maps are available for inspection at 1201 Sixth Street Southwest, Cedar Rapids, IA 52404.
----------------------------------------------------------------------------------------------------------------
                                 Mercer County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River...................  From 431 miles above               +547       +546  City of New Boston,
                                       confluence with the Ohio                            Unincorporated Areas
                                       River (approx. 0.1 Miles                            of Mercer County.
                                       downstream of 50th Street
                                       extended).
                                      To 437 miles above                 +551       +550
                                       confluence with the Ohio
                                       River (approx. 0.2 Miles
                                       downstream of Lock & Dam
                                       Road extended).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of New Boston
Maps are available for inspection at New Boston City Hall, 405 Main Street, New Boston, IL 61272.

Unincorporated Areas of Mercer County
Maps are available for inspection at Mercer County Courthouse, 100 SE 3rd Street, Aledo, IL 61231.
----------------------------------------------------------------------------------------------------------------
                                Acadia Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Flooding Effects of Mermentau River.  Approximately 4126 feet            None        +11  Unincorporated Areas
                                       upstream of the confluence                          of Acadia Parish,
                                       of the Mermentau River and                          Village of Mermentau.
                                       Bayou Queue de Tortue. Base
                                       Flood Elevations extend
                                       from the river edge east
                                       into the surrounding area.
                                      Approximately 9450 feet            None        +15
                                       upstream of the
                                       intersection of the
                                       Mermentau River and South
                                       Railroad Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Unincorporated Areas of Acadia Parish
Maps are available for inspection at 568 NE Court Circle, Crowley, LA 70526.

Village of Mermentau
Maps are available for inspection at 104 7th Street, Mermentau, LA 70556.
----------------------------------------------------------------------------------------------------------------
                           West Baton Rouge Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Poydras.......................  Approximately 160 feet             None        +11  Unincorporated Areas
                                       downstream of State Route                           of West Baton Rouge
                                       413.                                                Parish
                                      Approximately 100 feet             None        +22
                                       upstream of Section Road.
Chamberlin Canal....................  Intersection of Chamberlin         None        +19  Unincorporated Areas
                                       Canal and Airline Highway.                          of West Baton Rouge
                                                                                Parish.
                                      Approximately 4361 feet            None        +21
                                       downstream of Section Road.
Cline Lateral.......................  Approximately 1819 feet            None        +18  Unincorporated Areas
                                       downstream of Section Road.                         of West Baton Rouge
                                                                                Parish.
                                      Approximately 60 feet              None        +23
                                       upstream of Tonawanda
                                       Street.
Grand Bayou.........................  Intersection of Airline            None        +19  Unincorporated Areas
                                       Highway and Grand Bayou..                           of West Baton Rouge
                                                                                Parish.
                                      Approximately 157 feet             None        +20
                                       upstream of Treuil Road.
Kean Lateral........................  Approximately 1760 feet            None        +19  Unincorporated Areas
                                       upstream of the                                     of West Baton Rouge
                                       intersection of Kean                                Parish.
                                       Lateral and Airline Highway.
                                      Approximately 170 feet             None        +20
                                       upstream of the
                                       intersection of Section
                                       Road and Kean Lateral.
Little Stumpy Bayou.................  Intersection of Airline            None        +16  Unincorporated Areas
                                       Highway and Little Stumpy                           of West Baton Rouge
                                       Bayou.                                              Parish.
                                      Approximately 4387 feet            None        +17
                                       upstream of the
                                       intersection of Airline
                                       Highway and Little Stumpy
                                       Bayou.
Stumpy Bayou........................  Intersection of Stumpy Bayou       None        +16  Unincorporated Areas
                                       and Airline Highway.                                of West Baton Rouge
                                                                                Parish.
                                      Approximately 2965 feet            None        +20
                                       upstream of the
                                       intersection of Elm Grove
                                       Road and Stumpy Bayou.
Tiger Bayou.........................  Approximately 3663 feet            None        +17  Unincorporated Areas
                                       upstream of intersection of                         of West Baton Rouge
                                       Airline Highway and Tiger                           Parish.
                                       Bayou.

                                      Approximately 205 feet             None        +21
                                       upstream of Section Road
                                       and Tiger Bayou.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Unincorporated Areas of West Baton Rouge Parish
Maps are available for inspection at 880 North Alexander Ave., Port Allen, LA 70767.
----------------------------------------------------------------------------------------------------------------
                                Ramsey County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bald Eagle Lake.....................  Entire Shoreline in Ramsey         None       +913  Township of White
                                       County.                                             Bear.
Casey Lake..........................  Entire Shoreline............       None       +928  City of Maplewood.
Gervais Lake........................  Entire Shoreline............       None       +863  City of Maplewood.
Josephine Lake......................  Entire Shoreline............       None       +886  City of Roseville.
Lake Owasso.........................  Entire Shoreline............       None       +889  City of Roseville.
Little Lake Johanna.................  Entire Shoreline............       None       +879  City of Roseville.
Otter Lake..........................  Entire Shoreline in Ramsey         None       +913  Township of White
                                       County.                                             Bear.
Silver Lake.........................  Entire Shoreline............       None       +991  City of Maplewood,
                                                                                City of North St.
                                                                                Paul.
Twin Lake...........................  Entire Shoreline............       None       +872  City of Little Canada,
                                                                                City of Vadnais
                                                                                Heights.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Little Canada
Maps are available for inspection at Little Canada City Center, 515 Little Canada Road East, Little Canada, MN
 55117-1600.

City of Maplewood
Maps are available for inspection at City Hall, 1830 County Road B East, Maplewood, MN 55109.

City of North St. Paul
Maps are available for inspection at City Hall, 2400 Margaret Street, North St. Paul, MN 55109.

City of Roseville
Maps are available for inspection at City Hall, 2660 Civic Center Drive, Roseville, MN 55113.

City of Vadnais Heights
Maps are available for inspection at City Hall, 800 East County Road East, Vadnais Heights, MN 55127.

Township of White Bear
Maps are available for inspection at Township Administration Building, 1281 Hammond Road, White Bear Township,
 MN 55110.
----------------------------------------------------------------------------------------------------------------
                                  Pike County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River...................  Convergence of Thomas Chute.       None       +450  Unincorporated Areas
                                                                                of Pike County, City
                                                                                of Clarksville, City
                                                                                of Louisiana, Village
                                                                                of Annada.
                                      Convergence of Gilbert Chute       None       +469
Noix Creek..........................  0.67 Miles Upstream from           None       +465  Unincorporated Areas
                                       Highway 79.                                         of Pike County.
                                      Confluence of Bishop Branch.       None       +477
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Clarksville
Maps are available for inspection at 111 Howard Street, Clarksville, MO 63336.

City of Louisiana
Maps are available for inspection at 202 South Third Street, Louisiana, MO 63353.

Unincorporated Areas of Pike County
Maps are available for inspection at 115 West Main Street, Bowling Green, MO 63334.

Village of Annada
Maps are available for inspection at 232 Arlington Avenue, Annada, MO 63330.
----------------------------------------------------------------------------------------------------------------

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

    Dated: March 16, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6580 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: December 17, 2009 (Volume 74, Number 241)]
[Notices]
[Page 66981-66982]
[DOCID:fr17de09-53]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0579]

International Conference on Harmonisation; Draft Guidance on Q4B
Evaluation and Recommendation of Pharmacopoeial Texts for Use in the
International Conference on Harmonisation Regions; Annex 11 on
Capillary Electrophoresis General Chapter; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance entitled ``Q4B Evaluation and
Recommendation of Pharmacopoeial Texts for Use in the ICH Regions;
Annex 11: Capillary Electrophoresis General Chapter.'' The draft
guidance was prepared under the auspices of the International
Conference on Harmonisation of Technical Requirements for Registration
of Pharmaceuticals for Human Use (ICH). The draft guidance provides the
results of the ICH Q4B evaluation of the Capillary Electrophoresis
General Chapter harmonized text from each of the three pharmacopoeias
(United States, European, and Japanese) represented by the
Pharmacopoeial Discussion Group (PDG). The draft guidance conveys
recognition of the three pharmacopoeial methods by the three ICH
regulatory regions and provides specific information regarding the
recognition. The draft guidance is intended to recognize the
interchangeability between the local regional pharmacopoeias, thus
avoiding redundant testing in favor of a common testing strategy in
each regulatory region. This draft guidance is the 11th annex to the
core Q4B guidance, which was made available in the Federal Register of
February 21, 2008 (73 FR 9575).

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115 (g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by February 16, 2010.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002; or
the Office of Communication, Outreach and Development (HFM-40), Center
for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. The draft guidance may also be obtained by mail by calling CBER
at 1-800-835-4709 or<PHONE_NUMBER>. Send two self-addressed adhesive
labels to assist the office in processing your requests. Submit written
comments on the draft guidance to the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT:
    Regarding the guidance: Robert H. King, Sr., Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 4150, Silver Spring, MD 20993-0002,

301-796-1242; or Christopher Joneckis, Center for Biologics Evaluation
and Research (HFM-25), Food and Drug Administration, 1401 Rockville
Pike, suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>.
    Regarding the ICH: Michelle Limoli, Office of International
Programs (HFG-1), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In recent years, many important initiatives have been undertaken by
regulatory authorities and industry associations to promote
international harmonization of regulatory requirements. FDA has
participated in many meetings designed to enhance harmonization and is
committed to seeking scientifically based harmonized technical
procedures for pharmaceutical development. One of the goals of
harmonization is to identify and then reduce differences in technical
requirements for drug development among regulatory agencies.
    ICH was organized to provide an opportunity for tripartite
harmonization initiatives to be developed with input from both
regulatory and industry representatives. FDA also seeks input from
consumer representatives and others. ICH is concerned with
harmonization of technical requirements for the registration of
pharmaceutical products among three regions: The European Union, Japan,
and the United States. The six ICH sponsors are the European
Commission; the European Federation of Pharmaceutical Industries
Associations; the Japanese Ministry of Health, Labour, and Welfare; the
Japanese Pharmaceutical Manufacturers Association; the Centers for Drug
Evaluation and Research and Biologics Evaluation and Research, FDA; and
the Pharmaceutical Research and Manufacturers of America. The ICH
Secretariat, which coordinates the preparation of documentation, is
provided by the International Federation of Pharmaceutical
Manufacturers Associations (IFPMA).
    The ICH Steering Committee includes representatives from each of
the ICH sponsors and the IFPMA, as well as observers from the World
Health Organization, Health Canada, and the European Free Trade Area.
    In October 2009, the ICH Steering Committee agreed that a draft
guidance entitled ``Q4B Evaluation and Recommendation of Pharmacopoeial
Texts for Use in the ICH Regions; Annex 11: Capillary Electrophoresis
General Chapter'' should be made available for public comment. The
draft guidance is the product of the Q4B Expert Working Group of the
ICH. Comments about this draft will be considered by FDA and the Q4B
Expert Working Group.
    The draft guidance provides the specific evaluation results from
the ICH Q4B process for the Capillary Electrophoresis General Chapter
harmonization proposal originating from the three-party PDG. This draft
guidance is in the form of an annex to the core ICH Q4B guidance. Once
finalized, the annex will provide guidance to assist industry and
regulators in the implementation of the specific topic evaluated by the
ICH Q4B process.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on this topic.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding the draft
guidance. Submit a single copy of electronic comments or two paper
copies of any mailed comments, except that individuals may submit one
paper copy. Comments are to be identified with the docket number found
in brackets in the heading of this document. Received comments may be
seen in the Division of Dockets Management between 9 a.m. and 4 p.m.,
Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.regulations.gov, http://www.fda.gov/Drugs/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
http://www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: December 11, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-29990 Filed 12-16-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Page 6186]
[FR Doc No: 2022-02226]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3575-EM; Docket ID FEMA-2021-0001]

Kentucky; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the Commonwealth of Kentucky (FEMA-3575-EM), dated December 11, 2021,
and related determinations.

DATES: This amendment was issued December 12, 2021.

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

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the Commonwealth of Kentucky is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared an emergency by the President in his declaration of
December 11, 2021.

    Marshall County for emergency protective measures (Category B),
including direct federal assistance under the Public Assistance
program.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-02226 Filed 2-2-22; 8:45 am]
BILLING CODE 9111-23-P