actual decision and the documentation supporting that decision. Without
adequate notice of an agency's proposed permitting action, subsequent
participation opportunities are often meaningless. An example is Texas'
notice for refinery Maintenance, Startup and Shutdown (MSS) permits. At
the time of public notice, the TCEQ had not yet decided how to act on
the applications, and had not yet even decided the process for
determining which applications might trigger federal NSR. Yet despite
this lack of information, the public notice period ran and the
opportunity for public participation was closed. Clearly, this is not
effective notice.
    [cir] Response 47G: This comment is no longer relevant. The
commenter is referencing provisions of the previous Texas public
participation rules that were the subject of EPA's proposed limited
approval/limited disapproval on November 26, 2008. Under this previous
version of the state public participation rules submitted to EPA for
approval as part of the SIP, MSS emissions that were major
modifications subject to PSD/NNSR permitting were required to follow
the public participation requirements for PSD/NNSR. However, if the MSS
emissions were minor, these emissions could be authorized through a
minor permit amendment. Under these submitted rules, the applications
for minor permit amendments were only required to go through the NORI
publication so the public would not have had the opportunity to review
a draft permit. The TCEQ adopted revised rules that were submitted on
July 2, 2010. These rules, which are the subject of today's final
action, require most minor permit amendment applications go through
full public notice with both a NORI and NAPD publication. Under this
current scenario, the public would have the opportunity to review a
draft permit. No changes were made to the final rule as a result of
this comment.
     Comment 47H: EPA should take the following action on the
Texas SIP submittals for Public Participation: (1) Concurrently propose
disapproval of Texas' current SIP submittal and disapproval, pursuant
to Sec.  7410(k)(5), of Texas' SIP approved public participation rule.
Both disapprovals are necessary to start the sanctions clock and ensure
that Texas complies with 40 CFR Part 51; and (2) in the alternative,
concurrently propose limited approval and disapproval of Texas SIP
submittal. The limited approval should require Texas to use authority
under Tex. Health and Safety Code Sec.  382.056(p) to provide 30 days
notice and opportunity to comment on all draft permits; and should
specify rule changes required to assure Part 51 notice for all
permitting actions. Final action on the limited approval and limited
disapproval should occur at the same time to ensure that the sanctions
clock is started.
    [cir] Response 47H: This comment is no longer relevant. The
commenter requested these actions in August 28, 2008, as remedies for
perceived inadequacies in the Texas public participation provisions
that were in effect at the time. Since the August 28, 2008, petition
EPA has proposed limited approval/limited disapproval of the state
rules in question. As a result of the proposed limited approval/limited
disapproval, the TCEQ adopted revised public participation rules and
submitted those for SIP review and approval on July 2, 2010. The
previous version of the rules was withdrawn from our consideration and
is no longer in effect. The analysis in our proposed approval of the
July 2, 2010, public notice submittal and the accompanying TSD provides
our rationale for full approval of the revised public participation
rules as consistent with minimum federal requirements of the CAA and 40
CFR 51.160--51.166. No changes were made as a result of this comment.
    Comment 48: UT Law Clinic also resubmitted comments it provided on
January 26, 2009 regarding EPA's proposed limited approval/limited
disapproval of the Texas Public Participation program.
    Response 48: EPA disagrees that the submitted portions of the
January 5, 2009 Supplement (Supplement to

Citizen Petition for Action Pursuant to the Clean Air Act Regarding
Inadequacies of the Texas Sip and Federal Operating Permit Program and
Failure to Enforce the Plan and State Permitting Programs) relating to
public participation are relevant to the rulemaking in front of us. EPA
reviewed the resubmitted 2009 petition supplement and isolated the
following discrete comments relating to public participation. We are
responding to each of these comments below to demonstrate that the
petition supplement is no longer applicable to the July 2, 2010 public
participation SIP submittal that we are approving in today's final
action. Further, our responses to the following comments satisfy EPA's
obligations to respond on these specific issues from the 2009 petition
supplement.
     Comment 48A: UT Law Clinic commented that EPA's recent
public participation proposal [November 26, 2008 proposed LA/LD]
provides an example of the difficulty in dealing with one piece of the
Texas program without a comprehensive evaluation of the entire program.
UT Law Clinic noted that, while they largely agree with EPA's
assessment of the public participation rules it analyzed, the proposal
fails to comprehensively evaluate whether Texas' whole program meets
federal public participation requirements. There are a number of Texas
rules that allow sources to authorize new emissions and emission
increases without meeting minimum federal public participation
requirements of Part 51. 40 CFR Part 51. These include: de minimis air
contaminants, permits by rule, alterations, qualified facilities and
standard permits. Some of these rules, such as those regarding
alterations, have already been approved into the SIP despite their
suffering from the same illegalities identified by EPA in the current
SIP public participation proposal. These provisions should be removed
from the SIP. Others, such as those regarding de minimis emissions,
have never been submitted for SIP approval, yet are currently
implemented by TCEQ. A true evaluation of whether Texas public
participation requirements meet federal standards necessitates a review
of the public participation requirements applicable to all minor and
major permitting actions.
    [cir] Response 48A: This comment is not relevant to today's final
rulemaking. The commenter provided these comments based on EPA's
November 26, 2008, proposed limited approval/limited disapproval, which
was subsequently withdrawn on November 5, 2010 after the TCEQ adopted
and submitted revised public participation rules. However it is
important to note that EPA can only evaluate for SIP approval those
provisions that are submitted for review and approval by the state and
our evaluation is limited to whether the state's submittal complies
with the relevant requirements in the CAA and federal regulations. CAA
110(k)(3). The commenter is correct that there are several avenues in
the Texas NSR SIP through which a permit can be modified--for minor
sources and minor modifications, they are minor permit amendments,
standard permits, permits by rule and permit alterations. The commenter
is also correct that only a minor permit amendment application goes
through public notice and comment on an individual case-by-case permit
basis, if the minor modification is above either of the ''de minimis''
or ``insignificant'' thresholds or is for a change in character of
emissions or release of an air contaminant not previously authorized
under the permit. EPA has previously evaluated and SIP-approved the
Texas Standard Permit (SP) program at 30 TAC Chapter 116, Subchapter F
and the Texas Permit by Rule (PBR) program at 30 TAC Chapter 106 as
consistent with minimum federal requirements, including public
participation at 40 CFR 51.160-51.161, for minor NSR. The minor NSR SP
and PBR SIP programs require the TCEQ to develop the base SP or PBR
through a public notice and comment procedure, but the individual uses
of the SP or PBR do not go through notice. We note that even though the
commenter has concerns about the application of the minor NSR SP or PBR
SIP programs in Texas, these provisions have not been submitted as part
of the July 2, 2010 public participation package and are not before EPA
for review. Therefore, the public participation provisions for the
minor NSR SP and PBR SIP programs are outside the scope of today's
rulemaking, as is the implementation of these two
programs.12 13 Permit alterations have been SIP-approved at
30 TAC 116.116 as a method to streamline the permit revisions process
for specified types of revisions. The permit alteration provisions at
30 TAC 116.116 were not submitted as part of the July 2, 2010 SIP
submittal and therefore are outside the scope of today's rulemaking.
EPA disapproved the Texas Qualified Facility program on April 14, 2010
(see 75 FR 19468). Texas revised the Qualified Facility program and
resubmitted for SIP review and approval on October 5, 2010, and EPA
will act on that submittal in a separate rulemaking. The Qualified
Facility program was submitted separate from the public participation
submittal of July 2, 2010, and is therefore outside the scope of
today's rulemaking. The commenter is correct that the de minimis
permitting provisions (as previously noted these are in the Texas state
rules at 30 TAC 116.119) have never been submitted to EPA for review
and approval into the SIP; and are therefore outside the scope of
today's rulemaking. The current Texas NSR SIP requires that any
increase in emissions requires a permit to construct or modify. No
changes were made to the final rule as a result of this comment.
---------------------------------------------------------------------------

    \12\ EPA SIP-approved the Texas Standard Permit process and
public participation process on November 14, 2003, as adopted by the
TCEQ on December 16, 1999 (see 68 FR 64543). EPA also SIP-approved
revisions to the public participation process for the development of
standard permits on September 17, 2008, as adopted by the TCEQ on
September 20, 2006 (see 73 FR 53716).
    \13\ EPA SIP-approved the Texas Permit by Rule process on
November 14, 2003 (see 68 64543) as adopted by the TCEQ on August 9,
2000 and March 7, 2001.
---------------------------------------------------------------------------

     Comment 48B: A thorough review of Texas' statutory and
regulatory law affecting public participation is the only way to ensure
that Texas actually implements a public participation program that is
consistent with the Act. EPA cannot merely assume Texas will implement
only those public participation provisions that are SIP approved.
    [cir] Response 48B: As discussed previously, EPA's authority to
review and approve revisions to SIPs is limited to the provisions that
are submitted. CAA 110(k)(3). EPA reviews the TCEQ's statutory
authority to ensure TCEQ has the authority to adopt, implement, and
enforce the submitted provisions, be they in the form of rules, orders,
control measures, etc., and that its authority has been properly
exercised. TCEQ also submits a particular statutory provision for
inclusion in the SIP if there is no corresponding rule, measure, or
order for implementation. In this action, we thoroughly reviewed the
rules submitted to us for approval as part of the SIP and their
associated statutory provisions. The submitted rules stand on their own
and do not require us to include the statutory provisions as part of
the Texas NSR SIP. No changes were made to the final rule as a result
of this comment.
     Comment 48C: TCEQ's mailing lists are inadequate. Texas
maintains mailing lists for those persons who wish to receive mailed
notice of TCEQ permitting actions. Such lists, however, are inadequate
for most purposes. The public can either be placed on a mailing list to
receive notice of all permitting actions for all media in a county, or
it

can be placed on a mailing list for a particular permit number. TCEQ
does not offer the option of being placed on a mailing list for a
facility or source, which is what most members of the public would be
interested in. Being placed on a list for all applications in a county
results in receiving a flood of notices. Being on a list for a specific
permit may deprive the public of notice of action on other permits and
authorizations related to the facility or of new permits for the
facility.
    [cir] Response 48C: There are no federal requirements for a
permitting authority to maintain mailing lists or to provide targeted
mailings with respect to either specific activities or facilities.
Therefore, any mailing lists maintained by the TCEQ go beyond minimum
federal requirements. However, we continue to encourage the TCEQ to
listen to public feedback on the mailing list and revise the procedures
and options accordingly to ensure that the mailing lists are serving
the public as intended. No changes were made to the final rule as a
result of this comment.

III. Final Action

    After careful consideration of the comments received and the
responses to each comment provided above, and under section 110 and
parts C and D of the Act, EPA is approving the following revisions to
the Texas SIP:
     30 TAC Section 116.312 and the repeal of 30 TAC Section
116.124 as submitted on July 22, 1998.
     30 TAC Sections 39.411(a); 39.418(b)(4); 55.152(b);
116.111(b); 116.114(a)(2), (a)(2)(A), (a)(2)(B), (b)(1), and (c)(1)-
(3); 116.116(b)(4); and 116.312 as submitted on October 25, 1999.
     30 TAC Sections 39.402(a)(1)-(3), (a)(6); 39.405 (f)(3)
and (g), (h)(1)(A), (h)(2)-(h)(4), (h)(6), (h)(8)-(h)(11), (i) and (j);
39.407; 39.409; 39.411(e)(1)-(4)(A)(i) and (iii), (4)(B), (5)(A) and
(B), (6)-(10), (11)(A)(i), (iii) and (iv), (11)(B)-(F), (13) and (15),
and (f)(1)-(8), (g) and (h); 39.418(a), (b)(2)(A), (b)(3) and (c);
39.419(e); 39.420(c)(1)(A)-(D)(i)(I) and (II), (D)(ii), (c)(2), (d)-
(e); 39.601; 39.602; 39.603; 39.604; 39.605; 55.150; 55.152(a)(1), (2),
(5) and (6); 55.154(a), (b), (c)(1)-(3) and (5), (d)-(g); 55.156(a),
(b), (c)(1), (e) and (g); 116.114(a)(2)(B), (a)(2)(C), (c)(2) and
(c)(3); and 116.194(a) and (b) as submitted on July 2, 2010.
     30 TAC Section 116.194 as adopted January 11, 2006 and
resubmitted on March 11, 2011.
    Note that EPA is approving provisions at 30 TAC 39.411(f)(8)(A) and
39.605(1)(D) that will replace two provisions of the Texas SIP, found
in the Texas PSD SIP Supplement at Paragraphs 7(a) and 7(b) of Board
Order 87-09. In this final action we are also revising the table at 40
CFR 52.2270(e) to reflect these approvals.
    Consistent with the analysis presented in our December 13, 2012,
proposed notice and the accompanying TSD, our final action does not
include the following provisions submitted on July 2, 2010: 30 TAC
Sections 39.402(a)(4), 39.402(a)(5), 39.402(a)(10), 39.402(a)(12),
39.419(e)(3), 39.420(h). These provisions remain before EPA and will be
addressed in a separate rulemaking.
    Additionally, our final action does not include 30 TAC Sections
116.111(a)(2)(K) and 116.116(b)(3), as submitted on October 25, 1999.
These provisions were returned to the TCEQ on June 29, 2011, because
they are outside the scope of the Texas SIP.

IV. Statutory and Executive Order Reviews.

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 7, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: November 25, 2013.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
1. In Sec.  52.2270:
0
a. Amend the table in paragraph (c) by:
0
i. Adding a new centered heading ``Chapter 39--Public Notice'' followed
by a new centered heading ``Subchapter H--Applicability and General
Provisions'' followed by new entries for sections 39.402, 39.405,
39.407, 39.409, 39.411, 39.418-39.420 in numerical order; and adding a
new centered heading for ``Subchapter K--Public Notice of Air Quality
Applications'' followed by entries for sections 39.601-39.605.
0
ii. Immediately following the newly added entry for Section 39.605 by
adding a new centered heading ``Chapter 55--Requests for
Reconsideration and Contested Case Hearings; Public Comment'' followed
by a new centered heading for ``Subchapter E--Public Comment and Public
Meetings'' followed by new entries for sections 55.150, 55.152, 55.154,
and 55.156;
0
iii. Revising the entries for sections 116.111, 116.114, 116.116, and
116.312; and removing the entry for section 116.124; and adding an
entry for 116.194 in numerical order.
0
b. Amend the second table in paragraph (e) by revising the entry for
``Revisions for Prevention of Significant Deterioration and Board
Orders No. 85-07, 87-09, and 88-08''.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
                                                           approval/
         State citation               Title/subject        submittal   EPA approval date        Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Chapter 39--Public Notice
----------------------------------------------------------------------------------------------------------------
                               Subchapter H--Applicability and General Provisions
----------------------------------------------------------------------------------------------------------------
Section 39.402.................  Applicability to Air        6/2/2010  1/6/2014 [Insert   SIP includes
                                  Quality Permits and                   FR page number     39.402(a)(1)-(3), and
                                  Permit Amendments.                    where document     (a)(6).
                                                                        begins].
Section 39.405.................  General Notice              6/2/2010  1/6/2014 [Insert   SIP includes
                                  Provisions.                           FR page number     39.405(f)(3) and (g),
                                                                        where document     (h)(1)(A), (h)(2)-
                                                                        begins].           (h)(4), (h)(6),
                                                                                (h)(8)-(h)(11), (i)
                                                                                and (j).
Section 39.407.................  Mailing Lists..........     9/2/1999  1/6/2014 [Insert   ......................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 39.409.................  Deadline for Public         6/2/2010  1/6/2014 [Insert   ......................
                                  Comment, and Requests                 FR page number
                                  for Reconsideration,                  where document
                                  Contested Case                        begins].
                                  Hearing, or Notice and
                                  Comment Hearing.
Section 39.411.................  Text of Public Notice..     6/2/2010  1/6/2014 [Insert   SIP includes
                                                                        FR page number     39.411(a),
                                                                        where document     39.411(e)(1)-(4)(A)(i
                                                                        begins].           ) and (iii), (4)(B),
                                                                                (e)(5)(A), (e)(5)(B),
                                                                                (e)(6)-(10),
                                                                                (e)(11)(A)(i),
                                                                                (e)(11)(A)(iii),
                                                                                (e)(11)(A)(iv),
                                                                                (e)(11)(B)-(F),
                                                                                (e)(13), (e)(15),
                                                                                (f)(1)-(8), (g), and
                                                                                (h).
Section 39.418.................  Notice of Receipt of        6/2/2010  1/6/2014 [Insert   SIP includes
                                  Application and Intent                FR page number     39.418(a), (b)(2)(A),
                                  to Obtain Permit.                     where document     (b)(3) and (c).
                                                                        begins].
Section 39.419.................  Notice of Application       6/2/2010  1/6/2014 [Insert   SIP includes 39.419(e)
                                  and Preliminary                       FR page number     (e)(1) and (e)(2).
                                  Determination.                        where document
                                                                        begins].
Section 39.420.................  Transmittal of the          6/2/2010  1/6/2014 [Insert   SIP includes
                                  Executive Director's                  FR page number     39.420(c)(1)(A)-(D)(i
                                  Response to Comments                  where document     )(I) and (D)(i)(II),
                                  and Decision.                         begins].           (D)(ii), (c)(2), and
                                                                                (d)-(e).

                             Subchapter K- Public Notice of Air Quality Applications
----------------------------------------------------------------------------------------------------------------
Section 39.601.................  Applicability..........     6/2/2010  1/6/2014 [Insert   ......................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 39.602.................  Mailed Notice..........     6/2/2010  1/6/2014 [Insert   ......................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 39.603.................  Newspaper Notice.......     6/2/2010  1/6/2014 [Insert   ......................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 39.604.................  Sign-Posting...........     6/2/2010  1/6/2014 [Insert   ......................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 39.605.................  Notice to Affected          6/2/2010  1/6/2014 [Insert   ......................
                                  Agencies.                             FR page number
                                                                        where document
                                                                        begins].
----------------------------------------------------------------------------------------------------------------
              Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment
----------------------------------------------------------------------------------------------------------------
                                Subchapter E--Public Comment and Public Meetings
----------------------------------------------------------------------------------------------------------------
Section 55.150.................  Applicability..........    6/14/2006  1/6/2014 [Insert   ......................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 55.152.................  Public Comment Period..     6/2/2010  1/6/2014 [Insert   SIP includes
                                                                        FR page number     55.152(a)(1), (a)(2),
                                                                        where document     (a)(5), (a)(6), and
                                                                        begins].           (b).
Section 55.154.................  Public Meetings........     6/2/2010  1/6/2014 [Insert   SIP includes
                                                                        FR page number     55.154(a), (b),
                                                                        where document     (c)(1)-(3) and (5),
                                                                        begins].           and (d)-(g).
Section 55.156.................  Public Comment              6/2/2010  1/6/2014 [Insert   SIP includes
                                  Processing.                           FR page number     55.156(a), (b),
                                                                        where document     (c)(1), (e) and (g).
                                                                        begins].

                                                  * * * * * * *
Section 116.111................  General Application....    8/21/2002  1/6/2014 [Insert   The SIP does not
                                                                        FR page number     include paragraphs
                                                                        where document     (a)(2)(K).
                                                                        begins].
Section 116.114................  Application Review          6/2/2010  1/6/2014 [Insert   ......................
                                  Schedule.                             FR page number
                                                                        where document
                                                                        begins].
Section 116.116................  Changes to Facilities..    9/15/2010  1/6/2014 [Insert   The SIP does not
                                                                        FR page number     include 116.116(b)(3)
                                                                        where document     and 116.116(e).
                                                                        begins].

                                                  * * * * * * *
Section 116.194................  Public Notification and     6/2/2010  1/6/2014 [Insert   ......................
                                  Comment.                              FR page number
                                                                        where document
                                                                        begins].

                                                  * * * * * * *
Section 116.312................  Public Notification and     9/2/1999  1/6/2014 [Insert   ......................
                                  Comment Procedures.                   FR page number
                                                                        where document
                                                                        begins].

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

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                  Applicable        State
                                 geographic or    submittal/
    Name of SIP provision        nonattainment    effective        EPA approval date              Comments
                                     area            date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Revisions for Prevention of    Statewide.......    12/11/85,  06/4/92, 57 FR 28098.......  Ref 52.2299(c)(73).
 Significant Deterioration                         10/26/87,                               For Board Order 87-
 and Board Orders No. 85-07,                         9/29/88                                09, the provisions
 87-09, and 88-08.                                                                          at paragraphs 7(a)
                                                                                and 7(b) have been
                                                                                replaced by EPA's
                                                                                SIP-approval of 30
                                                                                TAC 39.411(f)(8)(A)
                                                                                and 39.605(1)(D).
                                                                                See 1/6/14 [Insert
                                                                                FR page number where
                                                                                document begins]

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

* * * * *
[FR Doc. 2013-30229 Filed 1-3-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17703-17704]
[FR Doc No: 2018-08365]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0008]

Pipeline Safety: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT.

ACTION: Notice and request for comments.

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

SUMMARY: On February 12, 2018, in accordance with the Paperwork
Reduction Act of 1995, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a notice in the Federal Register (83
FR 6088) inviting comments on the information collection identified by
OMB control number 2137-0049 that expires on April 30, 2018. PHMSA is
requesting an extension with no change for this information collection.
    During the public comment period, PHMSA received no comments in
response to the information collection. PHMSA received six comments
that did not pertain to the information collection request. PHMSA is
publishing this notice to provide the public with an additional 30 days
to comment on the renewal of the information collection referenced
above and to announce that the Information Collection Request will be
submitted to OMB for approval.

DATES: Interested persons are invited to submit comments on or before
May 23, 2018 to be assured of consideration.

FOR FURTHER INFORMATION CONTACT: Angela Dow by telephone at 202-366-
1246, by email at [email protected], by fax at<PHONE_NUMBER>, or by
mail at U.S. Department of Transportation, PHMSA, 1200 New Jersey
Avenue SE, PHP-30, Washington, DC 20590-0001.

ADDRESSES: You may submit comments identified by the docket number
PHMSA-2018-0008 by any of the following methods:
     Fax: 1-202-395-5806.
     Mail: Office of Information and Regulatory Affairs,
Records Management Center, Room 10102 NEOB, 725 17th Street NW,
Washington, DC 20503, ATTN: Desk

Officer for the U.S. Department of Transportation\PHMSA.
     Email: Office of Information and Regulatory Affairs, OMB,
at the following email address: [email protected].
    Requests for a copy of the Information Collection should be
directed to Angela Dow by telephone at<PHONE_NUMBER>, by fax at 202-366-
4566, by email at [email protected], or by mail at U.S. Department of
Transportation, PHMSA, 1200 New Jersey Avenue SE, PHP-30, Washington,
DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies an
information collection request that PHMSA will submit to OMB for
renewal. The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8) Frequency of collection. PHMSA will request a three-
year term of approval for this information collection activity. PHMSA
requests comments on the following information collection:
    1. Title: Recordkeeping Requirements for Gas Pipeline Operators.
    OMB Control Number: 2137-0049.
    Current Expiration Date: 4/30/2018.
    Type of Request: Renewal of a currently approved information
collection.
    Abstract: A person owning or operating a natural gas pipeline
facility is required to maintain records, make reports, and provide
information to the Secretary of Transportation at the Secretary's
request.
    Affected Public: Owners and Operators of natural gas pipeline
facilities.
    Annual Reporting and Recordkeeping Burden:
     Estimated number of responses: 12,300.
     Estimated annual burden hours: 940,454.
    Frequency of collection: On occasion.
    Comments are invited on:
    (a) The need for the renewal of this collection of information 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 the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.

    Issued in Washington, DC, on April 17, 2018, under authority
delegated in 49 CFR 1.97.
John A. Gale,
Director, Standards and Rulemaking Division.
[FR Doc. 2018-08365 Filed 4-20-18; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Notices]
[Page 35184-35185]
[DOCID:fr20jn08-106]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57958; File No. SR-NYSE Arca-2008-56]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change as Modified by Amendment No. 1 To Amend the
Pilot Program for Initial and Continued Listing Standards, To Provide
That Currently Traded Issuers Will Be Required To Meet Each of the $5
Closing Price Requirement and the $150 Million Market Value of Listed
Securities Requirement on the Basis of a 90 Trading Day Average of the
Closing Price of the Company's Common Stock Prior To Applying for
Listing

June 12, 2008.
    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 28, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. On June 5,
2008, the Exchange filed Amendment No. 1. The Commission is publishing
this notice and order to solicit comments on the proposal, as modified
by Amendment No. 1, 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

    NYSE Arca, through its wholly-owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), proposes to amend the initial listing
standard for common stock set forth in NYSE Arca Equities Rule 5.2(c)
to provide that currently traded issuers will be required to meet each
of the $5 closing price requirement and the $150 million market value
of listed securities requirement on the basis of a 90 trading day
average of the closing price of the company's stock prior to applying
for listing. In addition, a company will not qualify for listing unless
(i) the closing price of its common stock is at least $1 in each day of
the 90 trading day period and (ii) the company's closing price exceeds
$5 and its market value exceeds $150 market value at the time it
applies for listing.

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 III 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 NYSE Arca Equities initial listing standards for equity
securities are approved on a pilot basis (``Pilot Program'').\3\ Under
the Pilot Program, Rule 5.2(c) requires that issuers wishing to list
their common stock must have a $5 stock price and a market value of
listed securities of $150 million at the time they apply to list. In
the case of issuers whose stock is publicly traded immediately prior to
listing on the Exchange, the rule currently requires that the issuer
must maintain a closing price for its stock of $5 and a market value of
listed securities of $150 million for 90 consecutive trading days prior
to applying for listing. The Exchange proposes to amend these
requirements as part of the Pilot Program, to provide that such issuers
must demonstrate a $5 stock price and $150 million in market value of
listed securities on the basis of a 90 trading day average of the
closing price of the common stock prior to applying for listing. In
addition, a company will not qualify for listing unless (i) the closing
price of its common stock is at least $1 in each day of the 90 trading
day period and (ii) the company's closing price exceeds $5 and its
market value exceeds $150 market value at the time it applies for
listing.
---------------------------------------------------------------------------

    \3\ Rule 5.2(c) exists in its current form pursuant to a Pilot
Program. The Commission initially approved the Pilot Program for six
months, until May 29, 2007. See Securities Exchange Act Release No.
54796 (November 20, 2006), 71 FR 69166 (November 29, 2006) (SR-
NYSEArca-2006-85). The Pilot Program was subsequently extended for
an additional six months, until November 30, 2007. See Securities
Exchange Act Release No. 55838 (May 31, 2007), 72 FR 31642 (June 7,
2007) (SR-NYSEArca-2007-51). The Pilot Program was extended for an
additional six months, until May 31, 2008. See Securities Exchange
Act Release No. 56885 (December 3, 2007), 72 FR 69272 (December 7,
2007) (SR-NYSEArca-2007-123). The Pilot Program was most recently
extended for an additional six months, until November 30, 2008. See
Securities Exchange Act Release No. 57922 (June 4, 2008), 73 FR
33137 (June 11, 2008) (SR-NYSEArca-2008-55). This filing is being
submitted as an amendment to the Pilot Program.
---------------------------------------------------------------------------

    While this proposed amendment to the Pilot Program will allow an
issuer to qualify for listing even though the closing price of its
stock may be less than $5 or the market value of its listed securities
may be less than $150 million for some days in the 90 trading day
period, any such shortfalls will have to be offset by periods when the
closing stock price exceeds $5 or the market value of listed securities
exceeds $150 million by enough to enable the issuer to maintain the
necessary average. As such, the Exchange believes that the amended
methodology will continue to require companies to display on a
sustained basis that they are of the appropriate size for listing on
the Exchange.\4\
---------------------------------------------------------------------------

    \4\ The Exchange notes that Nasdaq Global Market Standard 3
requires issuers whose stock is publicly traded immediately prior to
listing to maintain a closing stock price of $5 and a market value
of listed securities of $75 million for 90 consecutive trading days
prior to applying for listing. While the proposed amendment may
enable the Exchange to list issuers from time to time that would not
meet its $5 closing stock price or market value requirements for 90
consecutive days, the Exchange notes that its market value of listed
securities requirement is twice that of the comparable Nasdaq
standard and that the Exchange requires a public float of $45
million, while the comparable Nasdaq standard requires a public
float of only $20 million. As such, the Exchange believes that its
standard as amended is still substantially more stringent than
Nasdaq Global Market Standard 3.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\5\ in general, and
furthers the objectives of Section 6(b)(5) of the Act,\6\ in
particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments, and to perfect the
mechanism of, a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
amendment specifically seeks to remove impediments to and perfect the
mechanisms of a free and open market by allowing NYSE Arca to compete
with Nasdaq for listings of companies that may not currently be
qualified to list on NYSE Arca, but would be qualified to list on the
Nasdaq Global Market.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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

    Written comments on the proposed rule change were neither solicited
nor received.

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 self-regulatory organization consents, the Commission will:
    (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 Number SR-NYSEArca-2008-56 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-NYSEArca-2008-56. 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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-56 and should
be submitted on or before July 11, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Florence E. Harmon,
Acting Secretary.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E8-13944 Filed 6-19-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Page 24475]
[FR Doc No: 2023-08372]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1613; Airspace Docket No. 22-ASO-27]
RIN 2120-AA66

Amendment of Class D and Class E Airspace, Key West, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects a typographical error in the final rule
published in the Federal Register on March 31, 2023, amending Class D
airspace, Class E airspace designated as an extension to a Class D
surface area, and Class E airspace at Key West International Airport
and Key West Naval Air Station (NAS), FL.

DATES: Effective 0901 UTC, June 15, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Jennifer Ledford, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (88 FR
19220, March 31, 2023) for Doc. No. FAA-2022-1613, amending Class D
airspace, Class E airspace designated as an extension to a Class D
surface area, and Class E airspace extending upward from 700 feet above
the surface at Key West International Airport and Key West NAS, FL. In
the Class D legal description for Key West NAS, FL, there is a
typographical error where ``by'' is used instead of ``be.'' This action
corrects this error by replacing the word ``by'' with the word ``be''
in the Class D airspace legal description for Key West NAS, FL.
    Class D and Class E airspace designations are published in
Paragraphs 5000, 6004, and 6005 of FAA Order JO 7400.11G dated August
19, 2022, and effective September 15, 2022, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will subsequently be published in FAA Order JO
7400.11G.

Correction to the Final Rule

0
Accordingly, pursuant to the authority delegated to me, in the final
rule published in the Federal Register of March 31, 2023 (88 FR 19220),
on page 19221, in the third column, the amendment of Class D airspace
for Key West NAS, FL, is corrected as follows:

Sec.  71.1  [Corrected]

* * * * *

ASO FL D Key West NAS, FL [Amended]

Key West NAS, FL
    (Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)
Key West International Airport
    (Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 5.3-mile radius of Key West NAS, excluding
that airspace within the Key West International Airport Class D
airspace area. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective date and time will be continuously published
in the Chart Supplement.

    Issued in College Park, Georgia, on April 17, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-08372 Filed 4-20-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37133-37136]
[FR Doc No: 2020-13284]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89074]

Order Granting a Temporary Conditional Exemption From the Broker
Registration Requirements of Section 15(a) of the Securities Exchange
Act of 1934 for Certain Activities of Registered Municipal Advisors

June 16, 2020.
AGENCY: Securities and Exchange Commission.

ACTION: Temporary exemptive order.

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

SUMMARY: The Securities and Exchange Commission (``Commission'') is
granting a temporary conditional exemption from broker registration
under Section 15 of the Securities Exchange Act of 1934 (``Exchange
Act'') for registered municipal advisors to address disruption in the
municipal securities markets as a result of the coronavirus disease
2019 (``COVID-19'') pandemic. The temporary conditional exemption
permits registered municipal advisors to solicit banks, their wholly-
owned subsidiaries that are engaged in commercial lending and financing
activities, and credit unions in connection with direct placements of
securities issued by their municipal issuer clients, subject to the
requirements set forth below.

DATES: This exemptive order is effective from the date of this Order
until December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Emily Westerberg Russell, Chief
Counsel, Joanne Rutkowski, Assistant Chief Counsel, Kelly Shoop,
Special Counsel, or Geeta Dhingra, Special Counsel, at<PHONE_NUMBER>, in
the Division of Trading and Markets; Rebecca Olsen, Director, Adam
Wendell, Senior Special Counsel, or Emily Hanson Santana, Attorney
Adviser, at<PHONE_NUMBER>, in the Office of Municipal Securities;
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549.

I. Overview

    The Commission continues to closely monitor the impacts of the
COVID-19 pandemic. The Commission understands that the outbreak has had
far-reaching and unanticipated effects, including disruption to the
municipal securities market.\1\ Municipal issuers have been
experiencing COVID-19-related stress, but must continue to operate
despite facing increased unbudgeted costs coupled with revenue
uncertainty.\2\ Timely and efficient access to the capital markets is
critical in order for municipal issuers to continue to meet their
operational needs. On June 3, 2020, the Federal Reserve Board announced
the revised terms of its Municipal Liquidity Facility, originally
established in April 2020 to purchase debt from state and local
governments.\3\ The revised facility will support lending to U.S.
states and the District of Columbia, U.S. cities with a population
exceeding 250,000 residents, and U.S. counties with a population
exceeding 500,000 residents that had an investment grade rating as of
April 8, 2020, from at least one credit rating agency that the Federal
Reserve has classified as a ``major nationally recognized statistical
rating organization.'' \4\ In addition to the population and ratings
requirements, in order to access the facility, an eligible issuer must
also provide a written certification that it is unable to secure
adequate credit accommodations from other banking institutions and that
it is not insolvent.\5\ Most municipal issuers, including many small
cities, towns and villages, facing significant budget shortfalls do not
meet the population thresholds and are not eligible to access the
facility.\6\ At the same time, municipal issuers have faced challenges
accessing the primary market, and as an alternative many municipal
issuers have

turned to other means of financing, such as private placements, loans,
and lines of credit with banks.\7\
---------------------------------------------------------------------------

    \1\ See, e.g., Heather Gillers and Gunjan Banerji, ``How the
Muni Market Became the Epicenter of the Liquidity Crisis'' Wall
Street Journal, April 2, 2020; Lynne Funk, ``Virus Leads to Growing,
Severe Selling Pressure on Muni Market,'' The Bond Buyer, March 18,
2020 and Lynne Funk, ``Billions Pulled from Funds as Investors Flee
Munis,'' The Bond Buyer, March 19, 2020.
    \2\ On April 14, 2020, the United States Conference of Mayors
(USCM) and the National League of Cities (NLC) released findings of
a survey that reported nearly nine in 10 cities expect a budget
shortfall due to the impact of the COVID-19 pandemic on their
economies. See ``Cities Report Pandemic Creating Painful Budget
Shortfalls, May Force Furloughs and Layoffs'' April 14, 2020
available at https://www.usmayors.org/2020/04/14/cities-report-pandemic-creating-painful-budget-shortfalls-may-force-furloughs-and-layoffs/ (``USCM and NLC Survey''); Tony Romm, ``More than 2,100
U.S. cities brace for budget shortfalls due to coronavirus, survey
finds, with many planning cuts and layoffs,'' The Washington Post,
April 14, 2020. See also National League of Cities--COVID available
at https://www.nlc.org/topics/health-wellness/covid-19 for general
information on the impact of COVID on cities and COVID-19 Pandemic
County Response Efforts & Priorities available at https://www.naco.org/covid19 for general information the impact of COVID on
counties.
    \3\ See Federal Reserve Board Term Sheet, June 3, 2020 (``Term
Sheet'') available at https://www.federalreserve.gov/newsevents/pressreleases/files/monetary20200603a1.pdf. In addition, to ensure
that each U.S. state has at least two total cities and counties (on
a combined basis) that may participate in the facility, certain U.S.
state governors are permitted to designate up to two of the state's
most populous cities and/or counties (on a combined basis) to access
the facility, resulting in an additional 34 cities and/or counties
that may access the facility as of June 2020. See Term Sheet --
Appendix A for details of the allocation.
    \4\ For further information on the cities and counties that meet
the population requirement, see Federal Reserve Bank of New York
FAQs: Municipal Liquidity Facility and FAQs Appendix A available at
https://www.newyorkfed.org/medialibrary/media/markets/municipal-liquidity-facility-eligible-issuers. For details of the required
ratings criteria, see Federal Reserve Bank of New York FAQs:
Municipal Liquidity Facility and FAQs Appendix B available at
https://www.newyorkfed.org/medialibrary/media/markets/municipal-liquidity-facility-pricing.
    \5\ Id.
    \6\ There are 19,495 incorporated cities, towns, and villages in
the U.S. Only 87 have populations above the required 250,000
threshold. See City and Town Population Totals: 2010-2018, available
at https://www.census.gov/data/tables/time-series/demo/popest/2010s-total-cities-and-towns.html. There are 3,142 counties in the U.S.
Only 140 have populations above the 500,000 required threshold. See
County Population Totals 2010-2019, available at https://www.census.gov/data/tables/time-series/demo/popest/2010s-counties-total.html. An additional 34 cities and/or counties that do not meet
these population thresholds may be ``designated'' as eligible to
access the facility. See Term Sheet --Appendix A; see also USCM and
NCL Survey. A total of 2,463 cities, towns and villages provided
information to NLC and USCM. 2,191 of the cities are under 50,000
population; 181 are between 50,000 and 199,999; 56 are between
200,000 and 499,999; and 35 have a population of 500,000 and above--
a group that includes 19 of the nation's 20 largest cities. The
cities who participated in the survey represent 57% of the nation's
municipal finance sector and 10% of its municipal governments, and
their population totals 93,015,252, which is 28% of the total U.S.
population. The Government Finance Officers Association also
conducted an online survey of finance officers regarding the fiscal
impacts of the COVID-19. See ``Survey Results Quick Snapshot as of
March 23, 2020,'' available at https://www.gfoa.org/early-data-gfoa-survey-shows-substantial-fiscal-impact-governments-covid-19-outbreak-and-response (``March 2020 GFOA Survey''). Approximately
1,100 finance officers responded, more than half of whom represent
smaller jurisdictions. The survey responses indicated that for
respondents with operating budgets of $100 million or less, nearly
15% projected that unanticipated expenses for the next six months
could be anywhere from 1 percent to over 30 percent of their
operating budget (e.g., for a small government with an operating
budget of $75 million, 1 percent is $750,000). These unanticipated
expenses are expected to be driven largely by staff sick leave,
equipment and technology, and staff overtime.
    \7\ Lynne Funk, ``With Muni Primary in Limbo, Issuers Turn to
Private Placements,'' The Bond Buyer, March 23, 2020 available at
https://www.bondbuyer.com/news/private-placements-on-uptick-as-issuers-search-for-buyers; Amanda Albright and Danielle Moran ``BofA
Gets States That Want to Borrow Now Rather Than Wait on Fed,''
Bloomberg, April 21, 2020; Robert Slavin, ``Alternative Muni
Borrowings Have Spiked Since March,'' The Bond Buyer, May 19, 2020
available at https://www.bondbuyer.com/news/alternative-municipal-borrowings-have-spiked-since-mid-march.
---------------------------------------------------------------------------

    Municipal issuers often retain registered municipal advisors to
provide advice on financing options, including but not limited to the
types of financing described above. In order to facilitate more timely
and efficient access to bank financing alternatives by municipal
issuers during this historic COVID-19-related market disruption, we are
issuing this Order granting an emergency, temporary conditional
exemption permitting registered municipal advisors to solicit a defined
set of banks, wholly-owned subsidiaries of banks, and credit unions in
connection with certain direct placements of municipal securities by
their municipal issuer clients (the ``Temporary Conditional
Exemption'').
    In October 2019, the Commission proposed and sought public comment
on a conditional exemption from the broker registration requirements
under Section 15(a)(2) of the Exchange Act for registered municipal
advisors engaging in specified activities with respect to direct
placements of municipal securities.\8\ While the Commission is not
moving forward with the proposed exemption at this time, it believes
that it is important to issue the Temporary Conditional Exemption with
the parameters and requirements specified to address the exigent
circumstances during this unprecedented time. Specifically, the
Temporary Conditional Exemption is designed to aid smaller municipal
issuers that may be struggling to meet their unexpected financing needs
in light of the COVID-19 pandemic. This Temporary Conditional Exemption
will provide additional flexibility for registered municipal advisors
to assist their municipal issuer clients in more efficiently obtaining
financing during this market disruption in a way that remains
consistent with investor protection. To the extent market participants
have information or views related to the Proposed Exemption, including
in light of actions taken pursuant to the Temporary Conditional
Exemption, that information can be submitted to the comment file for
the Proposed Exemption for the Commission's consideration.
---------------------------------------------------------------------------

    \8\ See Proposed Exemptive Order Granting a Conditional
Exemption From the Broker Registration Requirements of Section 15(a)
of the Securities Exchange Act of 1934 for Certain Activities of
Registered Municipal Advisors, Release No. 34-87204 (Oct. 2, 2019),
84 FR 54062 (Oct. 9, 2019) (``Proposed Exemption''). Comments on the
Proposed Exemption are available at https://www.sec.gov/comments/s7-16-19/s71619.htm.
---------------------------------------------------------------------------

    The Temporary Conditional Exemption is subject to a number of
conditions designed to protect investors. The Temporary Conditional
Exemption requires that the Registered Municipal Advisor obtain written
representations from the Qualified Provider, which limits the potential
investor base for direct placements issued pursuant to the Temporary
Conditional Exemption to institutions that routinely engage in credit
risk analysis (and typically do so consistent with their commercial
lending practices and regulatory obligations) and typically do not
resell such securities to retail investors. The Temporary Conditional
Exemption requires that the Registered Municipal Advisor make written
representations, which protect potential investors by putting them on
notice of what duties and obligations the municipal advisor will
undertake in connection with the transaction. It also requires the
Registered Municipal Advisor to obtain written representations from the
Qualified Provider(s) regarding the Temporary Conditional Exemption's
investor eligibility and transfer restriction conditions. The Temporary
Conditional Exemption further requires Registered Municipal Advisors to
notify the Commission staff of any instances of reliance on the
exemption, which will inform the Commission about how the exemption may
affect the municipal securities market.
    The solicitation activities permitted under the Temporary
Conditional Exemption, as discussed below, would be in addition to the
core advisory activities in which a registered municipal advisor might
otherwise engage under the existing regulatory regime. These core
advisory activities include assisting municipal entities and/or
obligated person clients in: (i) Developing a financing plan; (ii)
assisting in evaluating different financing options and structures;
(iii) assisting in selecting other parties to the financing, such as
bond counsel; (iv) coordinating the rating process, if applicable; (v)
ensuring adequate disclosure; and/or (vi) evaluating and negotiating
the financing terms with other parties to the financing, including the
provider of the direct placement.\9\
---------------------------------------------------------------------------

    \9\ See Registration of Municipal Advisors, Exchange Act Rel.
No. 70462 (Sept. 30, 2013), 78 FR 67468, 67472.
---------------------------------------------------------------------------

II. Temporary Conditional Exemption From Broker Registration for
Certain Activities of Registered Municipal Advisors in Connection With
Direct Placements of Municipal Securities

    It is ordered, pursuant to Sections 15(a)(2) and 36(a)(1) of the
Exchange Act, that:
    During the Exemption Period as defined in Section III below, a
Registered Municipal Advisor may (1) engage in Permitted Activities--
i.e., solicitation--of one or more Qualified Providers in connection
with a potential Direct Placement of municipal securities by its
Municipal Issuer client and (2) receive transaction-based compensation
for services provided in connection with that Direct Placement, without
being required to register as a broker under Section 15(a) of the
Exchange Act, so long as all of the conditions in this Order are met.

Definitions

    For purposes of this Temporary Conditional Exemption:
     Registered Municipal Advisor means a municipal advisor
registered with the Commission under Section 15B of the Exchange Act.
     Municipal Issuer means either a municipal entity or
obligated person as defined in the Exchange Act.\10\
---------------------------------------------------------------------------

    \10\ See Exchange Act Section 15B(e)(8) (defining ``municipal
entity'' as ``any State, political subdivision of a State, or
municipal corporate instrumentality of a State, including (A) any
agency, authority, or instrumentality of the State, political
subdivision, or municipal corporate instrumentality; (B) any plan,
program, or pool of assets sponsored or established by the State,
political subdivision, or municipal corporate instrumentality or any
agency, authority, or instrumentality thereof; and (C) any other
issuer of municipal securities.''). 15 U.S.C. 78o-4(e)(8); see also
17 CFR 240.15Ba1-1(g). See also Exchange Act 15B(e)(10) (defining
``obligated person'' as ``any person, including an issuer of
municipal securities, who is either generally or through an
enterprise, fund, or account of such person, committed by contract
or other arrangement to support the payment of all or part of the
obligations on the municipal securities to be sold in an offering of
municipal securities.'' 15 U.S.C. 78o-4(e)(10). Exchange Act Rule
15Ba1-1(k) generally provides that obligated person has the same
meaning as in Exchange Act Section 15B(e)(10), ``provided, however,
the term obligated person shall not include: (1) A person who
provides municipal bond insurance, letters of credit, or other
liquidity facilities; (2) a person whose financial information or
operating data is not material to a municipal securities offering,
without reference to any municipal bond insurance, letter of credit,
liquidity facility, or other credit enhancement; or (3) the federal
government.'' 17 CFR 240.15Ba1-1(k). Obligated persons can included
entities acting as conduit borrowers, such as private universities,
non-profit hospitals, and private corporations. See Municipal
Advisor Adopting Release, 78 FR at 67483 n. 200 (Nov. 12, 2013).

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

     Qualified Provider means (i) a bank as defined in Section
3(a)(6) of the Exchange Act; (ii) a wholly-owned subsidiary of a bank
engaged in commercial lending and financing activities, such as an
equipment lease financing corporation; or (iii) a federally- or state-
chartered credit union.\11\
---------------------------------------------------------------------------

    \11\ The Commission believes these institutions typically
perform their own credit evaluations of the municipal issuer
consistent with their commercial lending practices and regulatory
obligations and therefore likely are in less need of a placement
agent to undertake the due diligence activities on their behalf. The
Commission notes that federal credit unions are already expressly
permitted pursuant to National Credit Union Administration
regulations to purchase municipal securities so long as they
undertake a required analysis. See, e.g., 14 U.S.C. 1752(1)
(defining federal credit union as, among other things, an
association ``creating a source of credit for provident or
productive purposes''); 12 CFR 703.14(e) (permitting a federal
credit union to purchase municipal securities so long as it performs
an analysis and ``reasonably concludes the security is at least
investment grade'').
---------------------------------------------------------------------------

     Direct Placement means a direct purchase from a Municipal
Issuer of municipal securities by one or more Qualified Providers.
     Permitted Activities means solicitation activities to
identify and assess potential Qualified Providers based upon, among
other things, the Municipal Issuer's or Registered Municipal Advisor's
prior knowledge and experience, the use of publicly-available
information sources, or identification of Qualified Providers through
broader solicitation activities.
    Required Representations. The Registered Municipal Advisor must
obtain written representations from the Qualified Provider(s) that the
Qualified Provider:
     Is a Qualified Provider as defined in the Temporary
Conditional Exemption;
     Is capable of independently evaluating the investment
risks of the transaction;
     Is not purchasing with a view to distributing the
securities; \12\ and
---------------------------------------------------------------------------

    \12\ These restrictions, which apply to the Qualified Provider,
are consistent with the restrictions applicable to broker-dealers
with respect to the limited offering exemption in Exchange Act Rule
15c2-12 regarding Municipal Securities Disclosure. See 17 CFR
240.15c2-12(d)(1)(i).
---------------------------------------------------------------------------

     Will not transfer any portion of the direct placement
within one year of the date of issuance of the securities, except to
another Qualified Provider(s).

These required representations are designed to help ensure a Registered
Municipal Advisor acting in reliance on this Temporary Conditional
Exemption is soliciting only eligible Qualified Providers. They also
are intended to help minimize the potential for resale to retail
investors of direct placements, which the Commission understands may
not be rated and are not required to have disclosure documents.\13\
---------------------------------------------------------------------------

    \13\ In contrast to direct placements, which are not subject to
Exchange Act Rule 15c2-12's requirements, a participating
underwriter in a primary offering of municipal securities subject to
Rule 15c2-12 must obtain and review a ``deemed final'' official
statement and a final official statement prepared by an issuer or
its representatives. See 17 CFR 240.15c2-12(b)(1) and (3) and
(f)((3).
---------------------------------------------------------------------------

    The Registered Municipal Advisor must also make a written
representation to, and obtain a written acknowledgment of receipt from,
the Qualified Provider(s) that the Registered Municipal Advisor:
     Represents solely the interests of the Municipal Issuer
and not the Qualified Provider;
     Is soliciting the Qualified Provider in connection with
the direct placement pursuant to the Commission's Temporary Conditional
Exemption;
     Has not conducted due diligence on behalf of the Qualified
Provider;
     Has not, as of the date of the written representation,
engaged, nor has the Municipal Issuer engaged, a broker-dealer as a
placement agent in connection with the direct placement; and
     Acknowledges that the Qualified Provider nonetheless may
choose to engage the services of a broker-dealer to represent the
Qualified Provider's interests.

These required representations are designed to help avoid any confusion
by the Qualified Provider concerning the role of the Registered
Municipal Advisor in the transaction, and further to make explicit that
a Qualified Provider is in no way restricted from engaging the services
of a broker-dealer as intermediary in the transaction, if it chooses to
do so.

Other Required Terms and Conditions

     Restricted Scope of Temporary Conditional Exemption: A
Registered Municipal Advisor cannot rely on this Temporary Conditional
Exemption to engage in broker activity relating to municipal securities
offerings beyond the scope of this Order. For example, this exemption
does not apply with respect to public offerings of municipal securities
or the sale of securities to a retail investor. Additionally, a
Registered Municipal Advisor seeking to rely on this Temporary
Conditional Exemption cannot bind the Municipal Issuer, or handle funds
or securities, in connection with the subject Direct Placement. The
Permitted Activities have been narrowly drawn to address the needs of
municipal issuers that may be struggling to meet their unexpected
financing needs. These restrictions are intended to provide further
protections by limiting the scope of brokerage activities permitted by
this order.
     Size Limit: The aggregate principal amount of the Direct
Placement may not exceed $20 million. This is consistent with the
Commission's intended objective of facilitating access to capital for
smaller Municipal Issuers that may be ineligible for the Federal
Reserve's Municipal Liquidity Facility.\14\
---------------------------------------------------------------------------

    \14\ See, e.g., supra n. 6. The March 2020 GFOA Study states
that of the subgroup of respondents with an operating budget of less
than $100 million, over 15 percent of those smaller governments
anticipate issuing debt for projects in amounts ranging from 10
percent to nearly 50 percent of their operating budgets. See id. The
Commission believes that, in light of these responses, a size limit
of $20 million would be sufficiently large to permit these smaller
jurisdictions to address their liquidity needs through the use of
direct placements if they choose to do so.
---------------------------------------------------------------------------

     Authorized Denomination Requirement: The Direct Placement
must be issued in authorized denominations of $100,000 or more. This
floor on denomination size is designed to diminish the likelihood of a
secondary market resale of these direct placements, particularly to
retail investors, because these direct placements may not be rated and
are not required to have disclosure documents.\15\
---------------------------------------------------------------------------

    \15\ See supra note 13.
---------------------------------------------------------------------------

     Restriction on Transferability: If the Qualified
Provider(s) transfers all or any portion of the direct placement within
one year of the date of issuance of the direct placement, the Qualified
Provider(s) may transfer the securities only to another Qualified
Provider(s). This condition, along with the Authorized Denomination
Requirement, is designed to discourage secondary market resale of
direct placements, particularly to retail investors, for the same
reasons stated above.
     Recordkeeping: A Registered Municipal Advisor seeking to
rely on the Temporary Conditional Exemption must make and keep the
records required by Exchange Act Rule 15Ba1-8(a)(1).
     Notification Requirement: A Registered Municipal Advisor
seeking to rely on the Temporary Conditional Exemption must notify
staff in the Division of Trading and Markets of any Direct Placement
for which it has relied on the Temporary Conditional Exemption no later
than 30 calendar days after the sale of securities in the Direct
Placement. The notification must identify: (1) The Municipal Issuer;
(2)

the date of the Direct Placement; (3) principal amount of the Direct
Placement; (4) the Qualified Provider(s); and (5) the CUSIP, if
available. Notification should be made by sending this information in
an email to Commission staff at<EMAIL_ADDRESS>
III. Time Period for the Temporary Conditional Exemption

    The relief provided by this Temporary Conditional Exemption begins
on the date of this Order and will expire on December 31, 2020.
    The Commission intends to continue to monitor the situation as it
develops. The Temporary Conditional Exemption may be modified as
appropriate.

IV. Conclusion

    In light of the current and potential ongoing effects of COVID-19
on the municipal securities market discussed above, the Commission
finds that the Temporary Conditional Exemption set forth above is
consistent with the public interest and the protection of investors and
is necessary or appropriate in the public interest, consistent with
Sections 15(a)(2) and 36(a)(1) of the Exchange Act.

    By the Commission.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-13284 Filed 6-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7763]
[DOCID:fr14fe06-54]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Surrender of Exemption From Licensing
and Soliciting Comments, Motions To Intervene, and Protests

February 7, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Surrender of Exemption From Licensing.
    b. Project No: 6805-001.
    c. Date Filed: November 16, 2005.
    d. Applicant: Glenn-Colusa Irrigation District.
    e. Name of Project: Stovall 1 Project.
    f. Location: The project is located on the Glenn-Colusa Canals in
Colusa County, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. O.L. Tenney, Glenn-Colusa Irrigation
District, P.O. Box 150, 344 East Laurel Street, Willows, CA 95988,
(530) 934-8881.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing comments and/or motions: March 7, 2006.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Please include the project
number (P-6805-001) on any comments or motions filed.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    l. Description of Application: Glenn-Colusa Irrigation District
proposes to surrender the exemption from licensing for the Stovall
2 Project. As part of its request, Glenn-Colusa Irrigation
District proposes to decommission the project. The Glenn-Colusa
Irrigation District will remove the turbine from the concrete penstock,
the lids will be replaced and secured and water deliveries will
continue through the same conduits that have been historically used.
    m. Location of the Application: This filing is available for review
and reproduction at the Commission in the Public Reference Room, Room
2A, 888 First Street, NE., Washington, DC 20426. The filing may also be
viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link.

Enter the docket number, here P-6805, in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item (h) above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    q. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2040 Filed 2-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Rules and Regulations]
[Page 38975]
[DOCID:fr05jy11-2]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 201

[Docket No. FDA-1978-N-0018] (formerly Docket No. 1978N-0038)
RIN 0910-AF43

Labeling and Effectiveness Testing; Sunscreen Drug Products for
Over-the-Counter Human Use

Correction

    In rule document 2011-14766 appearing on pages 35620-35665 in the
issue of Friday, June 17, 2011, make the following correction:

Sec.  201.327  [Corrected]

    In Sec.  201.327, on page 35661, in the third column, Sec.
201.327(i)(1)(ii)(A)(2) and (3) should read as follows:
    (2) Vi ([lambda]) = 10\0.094\ * (\298\-
[lgr]) (298 < [lgr] <= 328 nm)
    (3) Vi ([lambda]) = 10\0.015\ * (\140\-
[lgr]) (328 < [lgr] <= 400 nm)

[FR Doc. C1-2011-14766 Filed 7-1-11; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Notices]
[Page 34973]
[DOCID:fr19jn08-106]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Financial Responsibility for Licensed
Launch Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. Information will be used to determine if
licensees have complied with financial responsibility requirements
(including maximum probable loss determination) as set forth in FAA
regulations.

DATES: Please submit comments by August 18, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Financial Responsibility for Licensed Launch Activities.
    Type of Request: Extension without change of an approved
collection.
    OMB Control Number: 2120-0601.
    Forms(s): There are no FAA forms associated with this collection.
    Affected Public: A total of 2 Respondents.
    Frequency: The information is collected on occasion.
    Estimated Average Burden Per Response: Approximately 300 hours per
response.
    Estimated Annual Burden Hours: An estimated 600 hours annually.
    Abstract: Information will be used to determine if licensees have
complied with financial responsibility requirements (including maximum
probable loss determination) as set forth in FAA regulations.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on June 11, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
 [FR Doc. E8-13759 Filed 6-18-08; 8:45 am]

BILLING CODE 4910-13-M