[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Rules and Regulations]
[Page 55442-55450]
[DOCID:fr25se08-7]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated on the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Assistant Administrator of the
Mitigation Directorate has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final 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.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      *Elevation in
                                                                       feet (NGVD)
                                                                      +Elevation in
           Flooding source(s)              Location of referenced      feet (NAVD)        Communities affected
                                                 elevation          Depth in
                                                                    feet above ground
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                 Furnas County, Nebraska, and Incorporated Areas
                                             FEMA Docket No.: B-7747
----------------------------------------------------------------------------------------------------------------
Medicine Creek.........................  Approximately 0.17 mile                +2257  City of Cambridge,
                                          downstream of U.S.                            Unincorporated Areas of
                                          Highway 6.                                    Furnas County.
                                         Approximately 300 feet                 +2270
                                          upstream of Road 409.
Republican River.......................  Approximately 3.18 miles               +2243  City of Cambridge,
                                          downstream of State                           Unincorporated Areas of
                                          Highway 47.                                   Furnas County.
                                         Approximately 480 feet                 +2263
                                          upstream of State
                                          Highway 47.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Cambridge
Maps are available for inspection at 722 Patterson Avenue, Cambridge, NE 69022.

                                      Unincorporated Areas of Furnas County

Maps are available for inspection at 912 R Street, Beaver City, NE 68926.
----------------------------------------------------------------------------------------------------------------
                              Wilkes County, North Carolina and Incorporated Areas
                                             Docket No.: FEMA-B-7763
----------------------------------------------------------------------------------------------------------------
Beaver Creek...........................  At the confluence with                +1,079  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 750 feet                +1,228
                                          upstream of Caldwell/
                                          Wilkes County boundary.
Beaver Creek Tributary 1...............  At the confluence with                +1,084  Unincorporated Areas of
                                          Beaver Creek.                                 Wilkes County.
                                         Approximately 0.7 mile                +1,100
                                          upstream of the
                                          confluence with Beaver
                                          Creek.
Beaver Creek Tributary 2...............  At the confluence with                +1,153  Unincorporated Areas of
                                          Beaver Creek.                                 Wilkes County.
                                         Approximately 590 feet                +1,169
                                          upstream of Livingston
                                          Road (State Road 1130).
Beaver Creek Tributary 3...............  At the confluence with                +1,159  Unincorporated Areas of
                                          Beaver Creek.                                 Wilkes County.
                                         Approximately 0.7 mile                +1,190
                                          upstream of the
                                          confluence with Beaver
                                          Creek.
Big Branch.............................  At the confluence with                +1,300  Unincorporated Areas of
                                          Middle Prong Roaring                          Wilkes County.
                                          River.
                                         Approximately 1,080 feet              +1,350
                                          upstream of Moxley Road
                                          (State Road 1735).
Big Bugaboo Creek......................  At the confluence with                  +926  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 0.9 mile                +1,213
                                          upstream of the
                                          confluence of Big
                                          Bugaboo Creek Tributary
                                          1.
Big Bugaboo Creek Tributary 1..........  At the confluence with                +1,183  Unincorporated Areas of
                                          Big Bugaboo Creek.                            Wilkes County.
                                         Approximately 2,000 feet              +1,207
                                          upstream of the
                                          confluence with Big
                                          Bugaboo Creek.
Big Sandy Creek........................  At the confluence with                +1,226  Unincorporated Areas of
                                          East Prong Roaring River.                     Wilkes County.
                                         Approximately 1,270 feet              +1,323
                                          upstream of Traphill-
                                          Brown Road (State Road
                                          1741).
Big Warrior Creek......................  At the confluence with                +1,085  Unincorporated Areas of
                                          Warrior Creek.                                Wilkes County.
                                         Approximately 1.8 miles               +1,275
                                          upstream of the
                                          confluence of Big
                                          Warrior Creek Tributary
                                          1.
Big Warrior Creek Tributary 1..........  At the confluence with                +1,128  Unincorporated Areas of
                                          Big Warrior Creek.                            Wilkes County.
                                         Approximately 0.8 mile                +1,237
                                          upstream of the
                                          confluence with Big
                                          Warrior Creek.
Blood Creek............................  At the confluence with                +1,075  Unincorporated Areas of
                                          Warrior Creek.                                Wilkes County.

                                         Approximately 1,990 feet              +1,081
                                          upstream of Walsh Town
                                          Road (State Road 1119).
Brier Creek............................  At the confluence with                  +933  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 1,370 feet              +1,039
                                          upstream of Ranse Staley
                                          Road (State Road 2325).
Brier Creek Tributary 1................  At the confluence with                  +933  Unincorporated Areas of
                                          Brier Creek.                                  Wilkes County.
                                         Approximately 1.1 miles                 +981
                                          upstream of Red White &
                                          Blue Road (State Road
                                          2324).
Brushy Creek...........................  Approximately 300 feet                  +906  Unincorporated Areas of
                                          downstream of the                             Wilkes County.
                                          Iredell/Wilkes County
                                          boundary.
                                         Approximately 100 feet                  +908
                                          upstream of the Iredell/
                                          Wilkes County boundary.
Cane Creek.............................  At the confluence with                +1,173  Unincorporated Areas of
                                          West Prong Roaring River.                     Wilkes County.
                                         Approximately 1.7 miles               +1,325
                                          upstream of Dehart
                                          Church Road (State Road
                                          1715).
Cub Creek..............................  At the confluence with                  +963  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County, Town of
                                                                                Wilkesboro.
                                         Approximately 0.6 mile                +1,084
                                          upstream of Pennell Road
                                          (State Road 2493).
Darnell Creek..........................  At the confluence with                +1,290  Unincorporated Areas of
                                          North Fork Reddies River.                     Wilkes County.
                                         Approximately 1.2 miles               +1,413
                                          upstream of State Road
                                          1567.
Double Creek...........................  At the confluence with                +1,293  Unincorporated Areas of
                                          Middle Prong Roaring                          Wilkes County.
                                          River.
                                         Approximately 100 feet                +1,371
                                          upstream of confluence
                                          of Double Creek
                                          Tributary 1.
Double Creek Tributary 1...............  The confluence with                   +1,370  Unincorporated Areas of
                                          Double Creek.                                 Wilkes County.
                                         Approximately 0.5 mile                +1,396
                                          upstream of confluence
                                          with Double Creek.
Dugger Creek...........................  At the confluence with                +1,278  Unincorporated Areas of
                                          Elk Creek.                                    Wilkes County.
                                         Approximately 1,170 feet              +1,323
                                          upstream of Elk Creek
                                          Darby Road (State Road
                                          1162).
East Prong Roaring River...............  At the confluence with                +1,009  Unincorporated Areas of
                                          Roaring River.                                Wilkes County.
                                         Approximately 2.8 miles               +1,389
                                          upstream of Longbottom
                                          Road (State Road 1737).
East Swan Creek........................  At the confluence with                  +911  Unincorporated Areas of
                                          Swan Creek.                                   Wilkes County.
                                         Approximately 0.9 mile                  +927
                                          upstream of the
                                          confluence with Swan
                                          Creek.
Elk Creek..............................  At the confluence with                +1,090  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         At the Watauga/Wilkes                 +1,349
                                          County boundary.
Elk Creek Tributary 1..................  At the confluence with                +1,235  Unincorporated Areas of
                                          Elk Creek.                                    Wilkes County.
                                         Approximately 0.8 mile                +1,626
                                          upstream of Elk Creek
                                          Darby Road (State Road
                                          1162).
Elk Creek Tributary 2..................  At the confluence with                +1,237  Unincorporated Areas of
                                          Elk Creek.                                    Wilkes County.
                                         Approximately 1,030 feet              +1,358
                                          upstream of Meadow Road.
Elkin Creek............................  Approximately 1,700 feet                +938  Unincorporated Areas of
                                          downstream of the Wilkes/                     Wilkes County.
                                          Surry County boundary.
                                         Approximately 700 feet                +1,293
                                          upstream of Union
                                          Community Road (State
                                          Road 1918).
Elkin Creek Tributary 1................  At the confluence with                +1,185  Unincorporated Areas of
                                          Elkin Creek.                                  Wilkes County.
                                         Approximately 0.7 mile                +1,213
                                          upstream of State Road
                                          1910.
Fishing Creek..........................  At the confluence with                  +942  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 100 feet                +1,063
                                          downstream of Speedway
                                          Road (State Road 2355).

Fishing Creek Tributary 1..............  At the confluence with                  +945  Unincorporated Areas of
                                          Fishing Creek.                                Wilkes County.
                                         Approximately 1.9 miles                 +997
                                          upstream of Old NC 60
                                          Highway (State Road
                                          2318).
Fishing Creek Tributary 2..............  At the confluence with                +1,023  Unincorporated Areas of
                                          Fishing Creek.                                Wilkes County.
                                         Approximately 250 feet                +1,129
                                          downstream of U.S.
                                          Highway 421.
Fishing Creek Tributary 2A.............  At the confluence with                +1,119  Unincorporated Areas of
                                          Fishing Creek Tributary                       Wilkes County.
                                          2.
                                         Approximately 0.5 mile                +1,153
                                          upstream of the
                                          confluence with Fishing
                                          Creek Tributary 2.
Fletcher Creek.........................  At the confluence with                +1,399  Unincorporated Areas of
                                          South Prong Lewis Fork.                       Wilkes County.
                                         Approximately 0.4 mile                +1,517
                                          upstream of Shady Walk
                                          Lane.
Gambill Creek..........................  At the confluence with                +1,343  Unincorporated Areas of
                                          West Prong Roaring River.                     Wilkes County.
                                         Approximately 0.6 mile                +1,401
                                          upstream of the
                                          confluence with West
                                          Prong Roaring River.
Gladys Fork............................  At the confluence with                +1,092  Unincorporated Areas of
                                          Stony Fork.                                   Wilkes County.
                                         Approximately 0.5 mile                +1,141
                                          upstream of Mount
                                          Pleasant Road (State
                                          Road 1135).
Grassy Creek West......................  At the confluence with                  +980  Unincorporated Areas of
                                          Elkin Creek.                                  Wilkes County.
                                         At Wilkes/Surry County                  +987
                                          boundary.
Grassy Fork............................  At the confluence with                +1,112  Unincorporated Areas of
                                          Elkin Creek.                                  Wilkes County.
                                         Approximately 1,990 feet              +1,119
                                          upstream of the
                                          confluence with Elkin
                                          Creek.
Grays Creek............................  At the confluence with                  +921  Unincorporated Areas of
                                          the Yadkin River.                             Wilkes County.
                                         Approximately 0.9 mile                  +929
                                          upstream of State Road
                                          2321.
Harris Creek...........................  At the confluence with                +1,318  Unincorporated Areas of
                                          Double Creek.                                 Wilkes County.
                                         Approximately 0.6 mile                +1,425
                                          upstream of Longbottom
                                          Road (State Road 1730).
Hoopers Branch.........................  At the confluence with                  +997  Unincorporated Areas of
                                          Reddies River.                                Wilkes County, Town of
                                                                                North Wilkesboro.
                                         Approximately 1,580 feet              +1,088
                                          upstream of Hackett
                                          Street.
Huffman Branch.........................  At the confluence with                +1,278  Unincorporated Areas of
                                          North Prong Lewis Fork.                       Wilkes County.
                                         Approximately 0.6 mile                +1,324
                                          upstream of Parsonville
                                          Road (State Road 1300).

Hunting Creek..........................  Approximately 100 feet                  +895  Unincorporated Areas of
                                          downstream of the Wilkes/                     Wilkes County.
                                          Iredell County boundary.
                                         Approximately 1.4 miles               +1,176
                                          upstream of Balls Mill
                                          Road (State Road 2474).
Joshua Creek...........................  At the confluence with                +1,453  Unincorporated Areas of
                                          Mulberry Creek.                               Wilkes County.
                                         Approximately 890 feet                +1,528
                                          upstream of Longbottom
                                          Road (State Road 1728).
Left Prong Stony Fork..................  At the confluence with                +1,332  Unincorporated Areas of
                                          Stony Fork.                                   Wilkes County.
                                         At the Watauga/Wilkes                 +1,639
                                          County boundary.
Lewis Fork.............................  At the confluence with                +1,075  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         At the confluence of                  +1,077
                                          North Prong Lewis Fork
                                          and South Prong Lewis
                                          Fork.
Little Bugaboo Creek...................  At the confluence with                +1,035  Unincorporated Areas of
                                          Big Bugaboo Creek.                            Wilkes County.
                                         Approximately 620 feet                +1,074
                                          upstream of Hoots Road
                                          (State Road 2014).
Little Elkin Creek.....................  The confluence with                     +905  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 0.6 mile                +1,177
                                          upstream of Greenhorn
                                          Road (State Road 1931).

Little Fork Creek......................  At the confluence with                +1,304  Unincorporated Areas of
                                          North Prong Lewis Fork.                       Wilkes County.
                                         Approximately 1.4 miles               +1,664
                                          upstream of Benny
                                          Parsons Road (State Road
                                          1359).
Little Hunting Creek...................  At the confluence with                  +915  Unincorporated Areas of
                                          Hunting Creek.                                Wilkes County.
                                         Approximately 2.0 miles               +1,281
                                          upstream of Mountain
                                          View Church Road (State
                                          Road 2503).
Little Sandy Creek.....................  At the confluence with                +1,084  Unincorporated Areas of
                                          East Prong Roaring River.                     Wilkes County.
                                         Approximately 0.5 mile                +1,280
                                          upstream of Longbottom
                                          Road (State Road 1737).
Little Warrior Creek...................  At the confluence with                +1,075  Unincorporated Areas of
                                          Warrior Creek.                                Wilkes County.
                                         Approximately 0.6 mile                +1,170
                                          upstream of Thankful
                                          Church Road (State Road
                                          1125).
Long Branch North......................  At the Wilkes/Yadkin                  +1,075  Unincorporated Areas of
                                          County boundary.                              Wilkes County.
                                         Approximately 50 feet                 +1,075
                                          upstream of the Wilkes/
                                          Yadkin County boundary.
Middle Fork Reddies River..............  At the confluence with                +1,202  Unincorporated Areas of
                                          Reddies River.                                Wilkes County.
                                         Approximately 0.7 mile                +1,326
                                          upstream of State Road
                                          1580.
Middle Prong Roaring River.............  At the confluence with                +1,009  Unincorporated Areas of
                                          Roaring River.                                Wilkes County.
                                         Approximately 2.1 miles               +1,442
                                          upstream of Moxley Road
                                          (State Road 1735).
Mill Creek.............................  At the confluence with                  +964  Unincorporated Areas of
                                          Cub Creek.                                    Wilkes County, Town of
                                                                                Wilkesboro.
                                         Approximately 1,000 feet              +1,052
                                          downstream of Country
                                          Club Road (State Road
                                          2462).
Mill Creek North.......................  At the confluence with                +1,258  Unincorporated Areas of
                                          North Fork Reddies River.                     Wilkes County.
                                         Approximately 0.6 mile                +2,115
                                          upstream of Mertie Road
                                          (State Road 1570).
Moravian Creek.........................  At the confluence with                  +968  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County, Town of
                                                                                Wilkesboro.
                                         At the confluence of                  +1,233
                                          Moravian Creek Tributary
                                          1.
Moravian Creek Tributary 1.............  At the confluence with                +1,233  Unincorporated Areas of
                                          Moravian Creek.                               Wilkes County.
                                         Approximately 0.5 mile                +1,311
                                          upstream of Lowe Creek
                                          Road (State Road 2488).
Mulberry Creek.........................  At the confluence with                  +952  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County, Town of
                                                                                North Wilkesboro.
                                         At the confluence of                  +1,453
                                          Joshua Creek.
Mulberry Creek Tributary 1.............  At the confluence with                +1,294  Unincorporated Areas of
                                          Mulberry Creek.                               Wilkes County.
                                         Approximately 0.6 mile                +1,405
                                          upstream of Sparta Road/
                                          NC Highway 18.
Naked Creek............................  At the confluence with                +1,075  Unincorporated Areas of
                                          Lewis Fork.                                   Wilkes County.
                                         Approximately 110 feet                +1,172
                                          downstream of Dr. Miles
                                          Road (State Road 1152).
North Fork Reddies River...............  At the confluence with                +1,167  Unincorporated Areas of
                                          Reddies River.                                Wilkes County.
                                         Approximately 200 feet                +1,460
                                          downstream of Vannoy
                                          Road (State Road 1575).
North Little Hunting Creek.............  At the Wilkes/Yadkin                  +1,024  Unincorporated Areas of
                                          County boundary.                              Wilkes County.
                                         Approximately 1,410 feet              +1,119
                                          upstream of Somers Road
                                          (State Road 2400).
North Little Hunting Creek Tributary 3.  At the confluence with                +1,039  Unincorporated Areas of
                                          North Little Hunting                          Wilkes County.
                                          Creek.
                                         Approximately 610 feet                +1,069
                                          upstream of the U.S.
                                          Highway 421 East ramp.

North Little Hunting Creek Tributary 4.  At the confluence with                +1,069  Unincorporated Areas of
                                          North Little Hunting                          Wilkes County.
                                          Creek.
                                         Approximately 410 feet                +1,098
                                          upstream of Somers Road
                                          (State Road 2400).
North Prong Lewis Fork.................  At the confluence with                +1,077  Unincorporated Areas of
                                          Lewis Fork.                                   Wilkes County.
                                         Approximately 2.0 miles               +1,698
                                          upstream of Big Ivy Road
                                          (State Road 1360).
Osborn Creek...........................  At the confluence with                  +895  Unincorporated Areas of
                                          Hunting Creek.                                Wilkes County.
                                         Approximately 1.1 miles               +1,044
                                          upstream of Hunting
                                          Creek Road (State Road
                                          2412).
Pumpkin Creek..........................  At the confluence with                +1,075  Unincorporated Areas of
                                          Warrior Creek.                                Wilkes County.
                                         Approximately 0.4 mile                +1,163
                                          upstream of Pumpkin
                                          Creek Road (State Road
                                          11933).
Pumpkin Run............................  At the confluence with                +1,298  Unincorporated Areas of
                                          South Prong Lewis Fork.                       Wilkes County.
                                         Approximately 1.0 mile                +1,400
                                          upstream of Pumpkin Run
                                          Road (State Road 1303).
Reddies River..........................  At the confluence with                  +964  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County, Town of
                                                                                North Wilkesboro.
                                         At the confluence of                  +1,202
                                          Middle Fork Reddies
                                          River and South Fork
                                          Reddies River.
Roaring River..........................  At the confluence with                  +936  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         At the confluence of East             +1,009
                                          Prong Roaring River and
                                          Middle Prong Roaring
                                          River.
Rocky Creek............................  At the Wilkes/Alexander               +1,192  Unincorporated Areas of
                                          County boundary.                              Wilkes County.
                                         Approximately 1.0 mile                +1,287
                                          upstream of the
                                          confluence of Rocky
                                          Creek Tributary 1.
Rocky Creek Tributary 1................  At the confluence with                +1,255  Unincorporated Areas of
                                          Rocky Creek.                                  Wilkes County.
                                         Approximately 1,500 feet              +1,263
                                          upstream of the
                                          confluence with Rocky
                                          Creek.
Shell Creek............................  At the confluence with                +1,164  Unincorporated Areas of
                                          Stony Fork.                                   Wilkes County.
                                         Approximately 870 feet                +1,197
                                          upstream of Mt. Zion
                                          Road (State Road 1155).
South Fork Reddies River...............  At the confluence with                +1,202  Unincorporated Areas of
                                          Reddies River.                                Wilkes County.
                                         Approximately 50 feet                 +1,388
                                          upstream of White Oak
                                          Road (State Road 1355).
South Prong Lewis Fork.................  At the confluence with                +1,077  Unincorporated Areas of
                                          Lewis Fork.                                   Wilkes County.
                                         Approximately 1.2 miles               +1,478
                                          upstream of the
                                          confluence of Fletcher
                                          Creek.
South Prong Lewis Fork Tributary 1.....  At the confluence with                +1,195  Unincorporated Areas of
                                          South Prong Lewis Fork.                       Wilkes County.
                                         Approximately 2.4 miles               +1,536
                                          upstream of the
                                          confluence with South
                                          Prong Lewis Fork.
Sparks Creek...........................  At the confluence with                +1,108  Unincorporated Areas of
                                          Little Sandy Creek.                           Wilkes County.
                                         Approximately 800 feet                +1,200
                                          downstream of Cook-Lyon
                                          Road.
Stony Fork.............................  At the confluence with                +1,078  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         At the Watauga/Wilkes                 +1,975
                                          County boundary.
Swan Creek.............................  At the confluence with                  +911  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         At the confluence of East               +911
                                          Swan Creek and West Swan
                                          Creek.
Tributary M-1-1........................  Approximately 50 feet                 +1,071  Unincorporated Areas of
                                          upstream of the                               Wilkes County, Town of
                                          confluence with                               North Wilkesboro.
                                          Tributary M-1.
                                         Approximately 0.5 mile                +1,160
                                          upstream of Elkin
                                          Highway/NC Highway 268.

Tributary R-1..........................  Approximately 1,360 feet              +1,090  Town of North Wilkesboro.
                                          upstream of Finley
                                          Street.
                                         Approximately 0.4 mile                +1,126
                                          upstream of Finley
                                          Street.
Tributary R-1-1........................  Approximately 100 feet                +1,047  Town of North Wilkesboro.
                                          upstream of the
                                          confluence with
                                          Tributary R-1.
                                         Approximately 0.4 mile                +1,153
                                          upstream of the
                                          confluence with
                                          Tributary R-1.
Tributary Y-1..........................  At the confluence with                  +957  Town of North Wilkesboro.
                                          Yadkin River.
                                         Approximately 0.6 mile                +1,088
                                          upstream of the
                                          confluence of Tributary
                                          Y-1-1.
Tributary Y-1-1........................  At the confluence with                  +959  Town of North Wilkesboro.
                                          Tributary Y-1.
                                         Approximately 0.4 mile                +1,072
                                          upstream of the
                                          confluence with
                                          Tributary Y-1.
Tributary Y-2..........................  At the confluence with                  +962  Town of North Wilkesboro.
                                          Yadkin River.
                                         Approximately 0.7 mile                +1,078
                                          upstream of 2nd Street/
                                          U.S. Highway 421.
Tributary Y-3..........................  At the confluence with                  +963  Town of North Wilkesboro.
                                          Yadkin River.
                                         Approximately 100 feet                  +996
                                          downstream of D Street.
Warrior Creek..........................  At the confluence with                +1,075  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 830 feet                +1,107
                                          upstream of NC Highway
                                          18.
West Prong Moravian Creek..............  At the confluence with                +1,068  Unincorporated Areas of
                                          Moravian Creek.                               Wilkes County.
                                         Approximately 1.3 miles               +1,184
                                          upstream of Falls Road
                                          (State Road 1108).
West Prong Moravian Creek Tributary 1..  At the confluence with                +1,075  Unincorporated Areas of
                                          West Prong Moravian                           Wilkes County.
                                          Creek.
                                         Approximately 510 feet                +1,100
                                          downstream of Falls Road
                                          (State Road 1108).
West Prong Roaring River...............  At the confluence with                +1,091  Unincorporated Areas of
                                          Middle Prong Roaring                          Wilkes County.
                                          River.
                                         Approximately 2.4 miles               +1,561
                                          upstream of State Road
                                          1731.
West Swan Creek........................  At the confluence with                  +911  Unincorporated Areas of
                                          Swan Creek.                                   Wilkes County.
                                         Approximately 0.8 mile                  +944
                                          upstream of Bagley
                                          Springs Road (State Road
                                          2311).
Whites Creek...........................  At the confluence with                +1,075  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 1.1 miles               +1,094
                                          upstream of NC Highway
                                          268.
Yadkin River...........................  Approximately 200 feet                  +903  Unincorporated Areas of
                                          downstream of the Yadkin/                     Wilkes County, Town of
                                          Wilkes County boundary.                       North Wilkesboro, Town
                                                                                of Ronda, Town of
                                                                                Wilkesboro.
                                         At the Caldwell/Wilkes                +1,090
                                          County boundary.
Yadkin River Tributary 14..............  At the confluence with                  +903  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 0.9 mile                  +917
                                          upstream of State Road
                                          2306.
Yadkin River Tributary 15..............  At the confluence with                  +919  Unincorporated Areas of
                                          Yadkin River.                                 Wilkes County.
                                         Approximately 1.7 miles                 +942
                                          upstream of the
                                          confluence with Yadkin
                                          River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

Town of North Wilkesboro
Maps are available for inspection at North Wilkesboro Town Hall, 832 Main Street, North Wilkesboro, North
 Carolina.

Town of Ronda
Maps are available for inspection at Ronda Town Hall, 123 Chatham Street, Ronda, North Carolina.

Town of Wilkesboro
Maps are available for inspection at Wilkesboro Town Hall, 203 West Main Street, Wilkesboro, North Carolina.

                                      Unincorporated Areas of Wilkes County
Maps are available for inspection at Wilkes County Office Building, 110 North Street, Wilkesboro, North
 Carolina.
----------------------------------------------------------------------------------------------------------------

                             Providence County, Rhode Island, and Incorporated Areas
                                             FEMA Docket No.: B-7746
----------------------------------------------------------------------------------------------------------------
Blackstone River.......................  Just downstream of                       +34  City of Central Falls,
                                          Exchange Street.                              City of Pawtucket, City
                                                                                of Woonsocket, Town of
                                                                                Cumberland, Town of
                                                                                Lincoln, Town of North
                                                                                Smithfield.
                                         Approximately 2,100 feet                +158
                                          upstream of the
                                          confluence of
                                          Slaterville River Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Central Falls
Maps are available for inspection at City Hall, 580 Broad Street, Central Falls, RI 02863.

City of Pawtucket
Maps are available for inspection at City Hall, 137 Roosevelt Avenue, Pawtucket, RI 02860.

City of Woonsocket
Maps are available for inspection at City Hall, 169 Main Street, Woonsocket, RI 02895.

Town of Cumberland
Maps are available for inspection at Town Hall, 45 Broad Street, Cumberland, RI 02864.

Town of Lincoln
Maps are available for inspection at Town Hall, 100 Old River Road, Lincoln, RI 02865.

Town of North Smithfield
Maps are available for inspection at Town Hall, 575 Smithfield Road, North Smithfield, RI 02896.
----------------------------------------------------------------------------------------------------------------
                                 Door County, Wisconsin, and Incorporated Areas
                                             FEMA Docket No.: D-7800
----------------------------------------------------------------------------------------------------------------
Ahnapee River..........................  Approximately 0.6 mile                  +587  Village of Forestville.
                                          downstream of County
                                          Highway J.
                                         Approximately 400 feet                  +590
                                          upstream of County
                                          Highway J.
Green Bay..............................  Approximately 800 feet                  +585  Door County
                                          north of the                                  (Unincorporated Areas)
                                          intersection of County                        Village of Egg Harbor,
                                          Highway CC and Lime Kiln                      Village of Sister Bay.
                                          Road.
                                         Approximately 900 feet                  +585
                                          west of the intersection
                                          of State Highway 42 and
                                          Garrett Bay Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

                                       Door County (Unincorporated Areas)
Maps are available for inspection at Door County Courthouse, 421 Nebraska Street, Sturgeon Bay, WI 54235-0670.

Village of Egg Harbor
Maps are available for inspection at Village of Egg Harbor Village Hall, 7860 Highway 42, Egg Harbor, WI 54209.

Village of Forestville
Maps are available for inspection at Village of Forestville Village Hall, 123 South Forestville Avenue,
 Forestville, WI 54213.

Village of Sister Bay
Maps are available for inspection at Village of Sister Bay Village Hall, 421 Maple Drive, Sister Bay, WI 54234.
----------------------------------------------------------------------------------------------------------------
                                Washakie County, Wyoming, and Incorporated Areas
                                             FEMA Docket No.: B-7755
----------------------------------------------------------------------------------------------------------------
Sage Creek.............................  Downstream--just upstream              +4056  City of Worland,
                                          of confluence with                            Unincorporated Areas of
                                          Bighorn River.                                Washakie County.
                                         Upstream--approximately                +4141
                                          400 ft downstream of
                                          intersection County Ln
                                          13 and Upper Hanover
                                          Canal Rd.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Worland
Maps are available for inspection at 1001 Big Horn Avenue, Worland, WY 82401.

Town of Ten Sleep
Maps are available for inspection at 1001 Big Horn Avenue, Worland, WY 82401.

                                     Unincorporated Areas of Washakie County
Maps are available for inspection at 1001 Big Horn Avenue, Worland, WY 82401.
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 15, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-22524 Filed 9-24-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42701-42702]
[FR Doc No: 2016-15556]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-470-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization

    Take notice that on June 17, 2016 Columbia Gas Transmission, LLC
(Columbia), 5151 San Felipe, Suite 2500, Houston, TX 77056, filed a
prior notice request pursuant to sections 157.205 and 157.208(f)(2) of
the Commission's regulations under the Natural Gas Act (NGA) Columbia's
blanket certificate issued in Docket No. CP83-76-000.\1\ Columbia seeks
authorization to modify the Maximum Allowable Operating Pressure of
various pipelines connected to Columbia's existing Waynesburg
Compressor Station located in various counties in Pennsylvania, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
---------------------------------------------------------------------------

    \1\ Columbia Gas Transmission Corporation (predecessor to
Columbia Gas Transmission, LLC), 22 FERC ] 62,029 (1983).
---------------------------------------------------------------------------

    Any questions regarding this application should be directed to
Tyler R. Brown, Senior Counsel, Columbia Gas Transmission, LLC, 5151
San Felipe

Suite 2500, Houston, TX 77056; telephone<PHONE_NUMBER><EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: June 24, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-15556 Filed 6-29-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29766-29768]
[FR Doc No: 2022-10416]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94882; File No. SR-Phlx-2022-20]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Equity 7,
Section 3 To Add a New Transaction Credit

May 10, 2022.
    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 May 2, 2022, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Equity 7, Section 3 to add a new
transaction credit, as described further below. The text of the
proposed rule change is available on the Exchange's website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Equity 7,
Section 3 to amend the Exchange's schedule of credits to add a new
growth credit for displayed orders.
    Pursuant to Equity 7, Section 3, the Exchange presently provides a
series of credits to member organizations that enter displayed orders/
quotes that execute on the Exchange. The Exchange presently offers the
following credits to member organizations that add displayed liquidity
to the Exchange: (i) $0.0035 per share executed for Quotes/Orders
entered by a member organization that provides 0.10% or more of total
Consolidated Volume \3\ during the month; (ii) $0.0034 per share
executed for Quotes/Orders entered by a member organization that
provides 0.05% or more of total Consolidated Volume during the month
and removes 0.02% of total Consolidated Volume during the month; (iii)
0.0030 per share executed for Quotes/Orders entered by a member
organization that provides a daily average of at least 1 million shares
of liquidity in all securities on the Exchange during the month and
increases its average daily volume of Quotes/Orders added to the
Exchange by 100% or more during the month relative to the month of
October 2021; and (iv) $0.0020 per share executed for all other quotes/
orders.
---------------------------------------------------------------------------

    \3\ Pursuant to Equity 7, Section 3, the term ``Consolidated
Volume'' means the total consolidated volume reported to all
consolidated transaction reporting plans by all exchanges and trade
reporting facilities during a month in equity securities, excluding
executed orders with a size of less than one round lot. For purposes
of calculating Consolidated Volume and the extent of a member
organization's trading activity, the date of the annual
reconstitution of the Russell Investments Indexes is excluded from
both total Consolidated Volume and the member organization's trading
activity.
---------------------------------------------------------------------------

    The Exchange proposes to establish a new growth credit that will
reward a member organization with a credit of $0.0032 per share
executed to the extent that it adds a daily average of at least 2
million shares of liquidity in all securities on the Exchange during
the month and increases its average daily volume of quotes/orders added
to the Exchange by 75% or more during the month relative to the month
of March 2022.
    The proposed new growth credit will provide an additional incentive
to member organizations to add and increase the extent to which they
add liquidity to the Exchange. Insofar as the proposed growth credit
will require a qualifying member organization to provide double the
daily average number of shares of liquidity on the Exchange as it must
to qualify for the existing $0.0030 per share executed growth tier
credit, the Exchange believes it is reasonable for the amount of the
proposed credit to be larger, at $0.0032 per share executed. To the
extent that the proposed new credit succeeds in increasing liquidity on
the Exchange, the Exchange hopes that additional liquidity will improve
the quality of the market and help to grow it over time.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among member organizations and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its

broader forms that are most important to investors and listed
companies.'' \6\
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission \7\
(``NetCoalition'') the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \8\
---------------------------------------------------------------------------

    \7\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \8\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to add a new growth credit
tier of $0.0032 per share executed is reasonable, equitable, and not
unfairly discriminatory. The Exchange assesses a particular need to
increase the extent to which its member organizations add liquidity to
the Exchange as a means of improving market quality. The proposal
serves that purpose by adding a new credit to reward member
organizations that add a substantial amount of liquidity to the
Exchange, and which grow the extent to which they add such liquidity by
a substantial percentage relative to a baseline month of March 2022.
Although the proposal will benefit net adders of liquidity, the
Exchange believes that this is equitable and not unfairly
discriminatory because all market participants stand to benefit to the
extent that the proposal is successful in increasing liquidity on the
Exchange and improving market quality. Insofar as the proposed growth
credit will require a qualifying member organization to provide double
the daily average number of shares of liquidity on the Exchange as it
must to qualify for the existing $0.0030 per share executed growth tier
credit, the Exchange believes it is reasonable, equitable, and not
unfairly discriminatory for the amount of the proposed credit to be
larger, at $0.0032 per share executed.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    The Exchange does not believe that its proposal will place any
category of Exchange participants at a competitive disadvantage. As
noted above, all member organizations of the Exchange will benefit from
an increase in activity on the exchange. Moreover, member organizations
are free to trade on other venues to the extent they believe that the
discounted fee provided is not attractive. As one can observe by
looking at any market share chart, price competition between exchanges
is fierce, with liquidity and market share moving freely between
exchanges in reaction to fee and credit changes.
Intermarket Competition
    The Exchange believes that its proposed new credit will not impose
a burden on competition because the Exchange's execution services are
completely voluntary and subject to extensive competition both from the
other live exchanges and from off-exchange venues, which include
alternative trading systems that trade national market system stock.
The Exchange notes that it operates in a highly competitive market in
which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive, or rebate
opportunities available at other venues to be more favorable. In such
an environment, the Exchange must continually adjust its credits to
remain competitive with other exchanges and with alternative trading
systems that have been exempted from compliance with the statutory
standards applicable to exchanges. Because competitors are free to
modify their own credits and fees in response, and because market
participants may readily adjust their order routing practices, the
Exchange believes that the degree to which credit changes in this
market may impose any burden on competition is extremely limited.
    The proposed new growth credit is reflective of this competition
because, as a threshold issue, the Exchange is a relatively small
market so its ability to burden intermarket competition is limited. In
this regard, even the largest U.S. equities exchange by volume only has
17-18% market share, which in most markets could hardly be categorized
as having enough market power to burden competition. Moreover, as noted
above, price competition between exchanges is fierce, with liquidity
and market share moving freely between exchanges in reaction to fee and
credit changes. This is in addition to free flow of order flow to and
among off-exchange venues which comprises more than 40% of industry
volume in recent months.
    In sum, the Exchange intends for the proposed credit to incent
member organizations to add liquidity to the Exchange and to thereby
contribute to market quality, which is reflective of fierce competition
for order flow noted above; however, if the change proposed herein is
unattractive to market participants, it is likely that the Exchange
will either fail to increase its market share or even lose market share
as a result. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of member organizations or
competing order execution venues to maintain their competitive standing
in the financial markets.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\9\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2022-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2022-20. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2022-20 and should be
submitted on or before June 6, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-10416 Filed 5-13-22; 8:45 am]
BILLING CODE 8011-01-P


Effluent Guidelines Program Study of the Tobacco Industry Section 304( b) of the Clean Water Act requires EPA to annually review and, if appropriate, revise its technology based regulations, called " effluent limitations guidelines" or " effluent guidelines," that limit the discharge of pollutants to waters of the U. S. from various categories of industrial facilities. Every other year, Section 304( m) of the Clean Water Act requires EPA to publish a plan establishing a schedule for the annual review and revision of effluent guidelines required by Section 304( b). This plan must also identify industries discharging more than trivial amounts of toxic or " nonconventional pollutants, such as nutrients, for which the Agency has not yet promulgated effluent guidelines. EPA must establish a schedule for completing effluent guidelines for these industries within three years. Section 304( m) also requires EPA to take public comment on its plan prior to issuing a final plan.

During the comment period for the proposed 2004 Effluent Guidelines Plan, EPA received public comment that it should consider wastewater discharges from the tobacco manufacturing industry for effluent guidelines rulemaking. In specific, the commenter questioned the quantity of carcinogens in wastewater discharges associated with cigarette manufacturing. Because this industry is not currently subject to an effluent guideline, EPA is conducting a study of the Tobacco Products industrial sector to determine whether this sector is discharging more than trivial amounts of toxic or " nonconventional pollutants. The current schedule is to publish the draft detailed study for the Tobacco Products industry as part of the preliminary 2006 Plan ( August 2005), solicit public comment, and publish the final study with the final 2006 Plan ( August 2006). EPA's decision to conduct a detailed study on this industry does not mean that EPA is required to select this industry for an effluent guidelines rulemaking. EPA will make such a decision as part of the final 2006 Plan.

During this study, EPA would like to, at a minimum, collect information on the following as they relate to tobacco products manufacturing:

° source and types of process wastewaters; ° volume of process wastewaters; ° pollutant concentrations in untreated process wastewaters; ° applicable treatment and pollution prevention ( flow and pollutant) technologies; ° effectiveness of applicable treatment and pollution prevention technologies; ° cost information related to applicable treatment and pollution prevention technologies; ° pollutant concentrations in discharges to surface waters or to POTWs; ° typical discharge destination ( i. e., direct to surface water or indirectly to POTW); and ° typical permit restrictions. In particular, EPA is interested in obtaining any in plant or wastewater discharge monitoring data that have previously been collected at tobacco manufacturing sites.

For additional information, please contact Jan Matuszko at ( 202) 566 1035 or matuszko. jan@ epa. gov.


[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Notices]
[Page 2288]
[DOCID:fr14ja08-104]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Form 40-F, OMB Control No. 3235-0381, SEC File No. 270-
335.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 40-F (17 CFR 249.240f) is used by certain Canadian issuers to
register securities pursuant to Section 12 of the Securities Exchange
Act of 1934 (``Exchange Act'') (15 U.S.C. 78l ) or as an annual report
pursuant to Section 13(a) or 15(d) of the Exchange Act (15 U.S.C.
78m(a) or 78o(d)). The information required under cover of Form 40-F
can be used by security holders, investors, broker-dealers, investment
banking firms, professional securities analysts and others in
evaluating securities and making investment decisions with respect to
securities of certain Canadian companies. Form 40-F takes approximately
427 hours per response and is filed by approximately 205 respondents.
We estimate that 25% of the 427 hours per response (106.75 hours) is
prepared by the issuer for a total reporting burden of 21,884 (106.75
hours per response x 205 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
burden imposed by the collection of information; (c) ways to enhance
the quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312;
or send an e-mail to<EMAIL_ADDRESS>
    Dated: January 3, 2008.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-351 Filed 1-11-08; 8:45 am]

BILLING CODE 8011-01-P