[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36928-36929]
[FR Doc No: 2015-15821]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2015-0001]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1-percent-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 in 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: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
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 90 days have elapsed
since that publication. The Deputy Associate Administrator for
Mitigation 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.

    Date: June 16, 2015.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

    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:

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                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                           Location of referenced   (NAVD) # Depth in
           Flooding source(s)                    elevation          feet above ground    Communities  affected
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                 Tioga County, Pennsylvania (All Jurisdictions)
                                             Docket No.: FEMA-B-1147
----------------------------------------------------------------------------------------------------------------
Camp Brook Creek.......................  Approximately 1,900 feet              + 1124  Township of Nelson.
                                          downstream of East Main
                                          Street.
                                         Approximately 460 feet                + 1127
                                          downstream of East Main
                                          Street.
Charleston Creek.......................  Approximately 2,670 feet              + 1325  Township of Charleston.
                                          upstream of Jackson
                                          Street.
                                         Approximately 2,720 feet              + 1326
                                          upstream of Jackson
                                          Street.
Cowanesque River Reach 2...............  Approximately 3,600 feet              + 1124  Borough of Elkland,
                                          downstream of State                           Township of Deerfield,
                                          Route 49.                                     Township of Nelson.
                                         Approximately 2.4 miles               + 1184
                                          upstream of Holden
                                          Street.
Crooked Creek..........................  Approximately 0.2 mile                + 1024  Borough of Tioga.
                                          upstream of Bear Creek
                                          Road (Legislative Route
                                          58122).
                                         Approximately 690 feet                + 1034
                                          upstream of Mann Hill
                                          Road (Cowanesque Street).
Tioga River Reach 1....................  Approximately 0.3 mile                + 1024  Borough of Tioga.
                                          upstream of State Route
                                          287.
                                         Approximately 0.8 mile                + 1034
                                          upstream of Park Street.
Tioga River Reach 2....................  Approximately 1.2 miles               + 1139  Borough of Mansfield,
                                          downstream of Spencer                         Township of Hamilton.
                                          Road.
                                         Approximately 0.4 mile                + 1401
                                          upstream of Gulick
                                          Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

Borough of Elkland
Maps are available for inspection at the Borough Hall, 105 Parkhurst Street, Elkland, PA 16920.

Borough of Mansfield
Maps are available for inspection at the Borough Hall, 14 South Main Street, Mansfield, PA 16933.

Borough of Tioga
Maps are available for inspection at the Borough Office, 18 North Main Street, Tioga, PA 16946.

Township of Charleston
Maps are available for inspection at the Charleston Township Building, 156 Catlin Hollow Road, Wellsboro, PA
 16901.

Township of Deerfield
Maps are available for inspection at the Deerfield Township Building, 5322 State Route 49, Knoxville, PA 16928.

Township of Hamilton
Maps are available for inspection at the Hamilton Township Municipal Building, 16 Tioga Street, Morris Run, PA
 16939.

Township of Nelson
Maps are available for inspection at the Nelson Township Community Building, 111 Village Drive, Nelson, PA
 16940.
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[FR Doc. 2015-15821 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-12-P


1 PART A OF THE SUPPORTING STATEMENT 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection The title of this Information Collection Request ( ICR) is " National Emission Standards for Hazardous Air Pollutants ( NESHAP) for Ferroalloys Production." This is an extension of a currently approved collection.

1( b) Short Characterization/ Abstract The NESHAP for ferroalloys production is applicable to all new and existing ferromanganese and silicomanganese production facilities that are major sources or are co located at major sources. The owners or operators of the affected facilities are the respondents.

All respondents for the NESHAP must be in compliance with the requirements within two years of the effective date ( promulgation date) of the rule. It is estimated that the NESHAP will have only one existing major source subject to the proposed regulations. Although no new sources are anticipated for the NESHAP, in the event that a new source is erected it must be in compliance with the regulation upon startup or the promulgation date, whichever is later.

Owners and operators of affected sources are subject to the requirements of 40 CFR Part 63, Subpart A, the General Provisions, unless specified otherwise in the regulation. All records are to be maintained by the source for a period of at least five years.

In addition, sources are required to comply with regulation specific requirements related to the frequency and type of information to be collected and maintained to demonstrate initial and on going compliance with the regulation ( See Attachment 1 for a complete list).

This ICR addresses the information collection burden ( hours and cost) to industry affected by the proposed regulations and the burden to the U. S. Environmental Protection Agency ( EPA).

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection The EPA is required under Section 112( d) of the 1990 Clean Air Act ( Act), to regulate emissions of 188 hazardous air pollutants ( HAP's) listed in Section 112( b) of the Act. Hazardous air pollutants identified as being emitted from the 2 source category include metal HAP compounds and organic HAP compounds. An analysis was performed which determined that most facilities found in the ferroalloy industry do not appear to be major sources of organic HAP emissions. However, one facility was determined to be a major source of metal HAP emissions.

In the Administrator's judgement, the pollutants emitted from ferroalloys production facilities cause or contribute significantly to air pollution that may be reasonably anticipated to endanger public health. Consequently, the NESHAP for ferroalloys production has been developed and is being proposed for promulgation.

Certain records and reports are necessary to enable the Administrator to identify sources subject to the standards and to ensure that the standards, which are based on maximum achievable control technology ( MACT), are being achieved.

2( b) Practical Utility/ Users of the Data The information will be used by Agency enforcement personnel to: 1) identify sources subject to the standard; 2) ensure that MACT is being properly applied; 3) ensure that emission control devices are being properly operated and maintained on a continuous basis to reduce HAP emissions from furnaces and process fugitive sources; and 4) ensure that fugitive dust controls are being fully implemented.

The records and reports are necessary to enable the EPA to identify facilities that may not be in compliance with the standard. Based on reported information, the EPA can decide which facilities should be subject to inspection or enforcement action. The records that facilities maintain indicate to the EPA whether plant personnel are employing adequate standard operating procedures and if they are operating and maintaining control equipment properly.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication Certain reports required by State or local agencies may duplicate information required by the standards ( e. g., records of annual particulate matter performance tests). In such cases, a copy of the report submitted to the State or local agency may be sent in lieu of, or as a part of, the report required by the standards. 3 3( b) Public Notice Required Prior to ICR Submission to OMB A public review and comment period occured after proposal of the NESHAP for ferroalloys production.

3( c) Consultations OMB regulations require periodic consultation with respondents and data users such as members of industry as well as State and local governments. Consultations with numerous representatives of companies involved with ferroalloys production were conducted throughout the development process for the NESHAP. The following persons provided input during development of the proposed rules:

Name Affiliation John Hughes Elkem Metals Company Richard Melvin Elkem Metals Company Dave Renfrew Elkem Metals Company Rex Haggy Ohio EPA A 90 day public comment period was provided after proposal, during which all affected parties were given the opportunity to comment on the proposed NESHAP standards. All received comments were considered, and some were reflected in the development of the final NESHAP standards.

3( d) Effects of Less Frequent Collection If the requirement for the designated representatives of owners and operators of affected sources to submit compliance demonstrations of relevant information were collected less frequently, the EPA would not be reasonably assured that a source is in compliance with the NESHAP. In addition, the EPA's authority to take administrative action would be significantly reduced.

3( e) General Guidelines With one exception, none of the general information collection guidelines in 5 CFR 1230.5( d)( 2) of the OMB regulations implementing the Paperwork Reduction Act is being exceeded in the ferroalloys production NESHAP. The one exception is the ferroalloys production NESHAP would require each respondent to maintain air pollution control equipment inspection and monitoring records for 5 years.

Section 113( a)( 1) of the Clean Air Act provides that the EPA can initiate enforcement actions for violations " subject to section 2462 of Title 28." Section 2462 of Title 28 establishes 4 a 5 year statute of limitations that in essence prevents the EPA from collecting penalties for violations that have occurred more than 5 years prior to filing of a complaint ( with certain exceptions for special circumstances such as fraud). Based on these legislative directives, the EPA is requiring a 5 year record retention period for the ferroalloys production NESHAP ( as well as all other NESHAP). The EPA believes that this 5 year period is necessary so that in those cases when enforcement action is appropriate the Agency will have evidence of the full compliance history by a source for the entire period for which penalties may be sought ( e. g., number of times violations occurred, seriousness of the violations, any efforts by the source to correct the problems causing the violations). Allowing the respondent to discard records earlier than 5 years would potentially destroy evidence critical to proving when violations occurred, establishing the seriousness of the violations, and assessing penalties for the violations.

3( f) Confidentiality All information submitted to the EPA for which a claim of confidentiality is made will be safeguarded according to the EPA policies set forth in Title 40, Chapter 1, Part 2, Subpart B, Confidentiality of Business Information. See 40 CFR; 41 FR 36902, September 1, 1976; amended by 43 FR 3999, September 8, 1978; 43 FR 42251, September 28, 1978; and 44 FR 17674, March 23, 1979. Even where the EPA has determined that data received in response to an ICR is eligible for confidential treatment under 40 CFR Part 2, Subpart B, the EPA may nonetheless disclose the information if it is " relevant in any proceeding" under the statute [ 42 U. S. C. 7414 ( C); 40 CFR 2.301 ( g)]. The information collection complies with the Privacy Act of 1974 and Office of Management and Budget ( OMB) Circular 108.

3( g) Sensitive Questions This section is not applicable because this ICR does not involve matters of a sensitive nature.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC Codes The respondents are owners or operators of all new and existing ferroalloys production facilities that are major sources or are co located at major sources. The affected facilities produce either ferromanganese or silicomanganese. Ferroalloys production is included under SIC Code 3313, " Electrometallurgical Products, Except Steel."

4( b) Information Requested 5 ( i) Data items, including recordkeeping requirements Attachment 1, Source Data Information Requirements, summarizes the recordkeeping and reporting requirements.

( ii) Respondent Activities Respondent activities for major sources are shown for each of the first three years following promulgation of the rule. The respondent activities required for existing ferromanganese and silicomanganese production major sources affected by the NESHAP are shown in Tables 1a, 2b, and 2c. No new ferromanganese and silicomanganese production major sources are expected in the first three years following promulgation of this rule.

5. THE INFORMATION COLLECTED AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities A list of the EPA's activities is provided in Tables 3a through 3c introduced in section 6( c).

5( b) Collection Methodology and Management Information contained in the periodic reports submitted to the EPA will be reviewed for accuracy and completeness. Data obtained during periodic visits by EPA personnel from records maintained by the respondents will be tabulated and published for internal EPA use in compliance and enforcement programs.

5( c) Small Entity Flexibility Minimizing the information collection burden for all sizes of organizations is a continuing effort on the EPA's part. The NESHAP for ferroalloys production facilities is applicable to only major sources. The EPA has reduced the recordkeeping and reporting requirements to include only the information needed by the EPA to determine compliance with the standards. In addition, the EPA has closely reviewed the existing permit conditions at each of the facilities, and, where feasible, has incorporated similar, if not identical, requirements in the proposed rule.

5( d) Collection Schedule The NESHAP for ferroalloys production was proposed in the Federal Register on August 4, 1998, and promulgated on May 20, 1999. The promulgated rule was amended on March 22, 2001. Collection of data began after promulgation.

Results of performance tests for demonstration of compliance must be sent on or before the 60th day following completion. 6 Subsequent annual performance tests are required for specified equipment at each facility.

Initial and subsequent opacity observations must be performed and reported along with the performance test. If opacity observations are not conducted concurrently with the performance test then the results must be reported before the close of business on the 30th day following completion of the opacity observations.

A report detailing actions taken during startup, shutdown, and malfunction must be submitted semiannually and delivered or postmarked by the 30th day following the end of each calendar year.

A control device maintenance plan and a fugitive dust plan must be developed and available for inspection when requested by the Administrator. A summary of the records maintained as part of the practices described in the maintenance plan for air pollution control devices must be submitted semiannually, including an explanation of the periods when procedures were not followed and the corrective actions that were taken. When the procedures in the fugitive dust operating procedures manual are not followed a semiannual report must be submitted along with the corrective actions taken.

A summary of monitoring parameter exceedances and the corrective actions taken for capture systems must be reported semiannually. Reports are to be submitted on a quarterly basis detailing excess emission events.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden The annual burden estimates for recordkeeping and reporting requirements are presented in Tables 1a, 1b, and 1c for the NESHAP requirements affecting ferromanganese and silicomanganese production facilities. The labor hours required for industry personnel to keep records and write reports as well as the burden estimates for initial performance tests were derived from estimates based on the EPA's experience with other standards and knowledge of the affected industry. Burden estimates listed in Table 2 represent the overall burden that will be incurred by industry in the first three years after affected facilities are required to come into compliance with the regulations.

6( b) Estimating Respondent Cost The information collection activities and total costs for the affected facilities are also listed in Table 2. Private 7 manufacturing industry labor rates were obtained from the U. S. Bureau of Labor Statistics website. The estimated hourly rates are as follows: management at $ 37.72, technical at $ 27.90, and clerical at $ 16.69.

The annual costs after the third year are expected to remain relatively constant for the NESHAP as there are only two known affected facilities. Furthermore, as indicated by the industry trends, no new ferroalloys production facilities are expected to be built in the future.

6( c) Estimating Agency Burden and Cost Under the proposed NESHAP regulations, the EPA will serve in an oversight capacity. Tables 3a through 3c provide a breakdown in the amount of hours associated with each activity and the total burden hours per occurrence. Wage rates for EPA employees are based upon the Federal government pay scale for 1997 and are as follows: $ 54.53 per hour for management ( GS 15), $ 32.99 per hour for technical labor ( GS 12), and $ 16.74 per hour for clerical labor ( GS 6).

6( d) Estimating the Respondent Universe and Total Burden and Costs The respondent universe consists of one existing facility producing ferromanganese and silicomanganese. The total burden and costs for this facility are presented in Table 2.

6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally The bottom line respondent burden hours and costs are presented in Table 2. These values were calculated by summing the burden hours and costs for the three burden years, as presented in Tables 1a through 1c.

The total annual labor hour reporting and recordkeeping burden is presented in Box 13 of OMB 83 I ( Revised 10/ 95). This is based on the average annual total hour estimate.

Total estimated annualized costs for the reporting and recordkeeping burden are presented in Box 14 of OMB 83 I ( Revised 10/ 95). The total annualized capital/ startup costs are reported in Box 14. No capital/ startup costs are anticipated. In addition, the total average annual costs ( O& M) are zero. The only costs associated with this regulation are labor costs, and these are are summarized in Table 2. The average annual labor hours and cost for industry from ferromanganese and silicomanganese production facilities is estimated to be 746 8 hours and $ 20,761, respectively. The total average labor burden to the industry is 746 hours and $ 20,761.

( ii) The Agency Tally The bottom line Federal government burden hours and costs are presented in Table 4. Average annual burden hours and costs to the Federal government from ferromanganese, and silicomanganese production facilities is estimated to be 103 labor hours and $ 3,340, respectively. The total average annual burden to the Federal government is 103 hours and $ 3,340.

( iii) Variations in the Annual Bottom Line The source's burden in the first year of the collection is approximately 25 percent higher than in subsequent years. Similarly, the burden to the Federal government is highest in the first year of the collection. This difference is due to the performance of activities to demonstrate initial compliance with the rule such as initial performance tests and the development of record systems. The Federal government's burden is also higher during this period, primarily to accommodate attendance at the initial performance tests. Tables 1a through 1c summarize the annual burden to respondents in each of the 3 years of the clearance period. Similarly, Tables 3a through 3c summarize the annual burden to the Federal government in each of the 3 years of the clearance period.

6( f) Reasons for Change in Burden The facility that produced ferronickel was shutdown in 1999.

6( g) Burden Statement The total 3 year monitoring, recordkeeping, and reporting burden for this collection is estimated at 2,236 labor hours at a total cost of $ 62,283 for the only facility that is currently producing ferromanganese and silicomanganese, and the annual average burden is 746 labor hours and $ 20,761 for the facility. This estimate includes a one time performance test and report; subsequent performance tests and reports for some sources; semiannual reports when the procedures in a startup, shutdown, and malfunction plan were not followed; quarterly and semiannual excess emissions reports; maintenance inspections; notifications; and recordkeeping. There are no separate capital/ startup costs associated with the proposed rules.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose, or provide information to or for a Federal Agency. This includes 9 the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information; processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to respond to a collection of information; search existing data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, marked " Attention: Desk Office for EPA." Include the EPA ICR number and OMB control number in any correspondence. A 1 Attachment 1 SOURCE DATA AND INFORMATION REQUIREMENTS Requirements Regulation, § Recordkeeping As required by § 63.10( b) of subpart A, maintain records for a period of five years from the date of each record 63.1628( a)( 2) 63.1658( a)( 2)

Occurrence and duration of each startup, shutdown, or malfunction ( SSM) of operation 63.1628( a)( 2)( i) 63.1658( a)( 2)( i)

Occurrence and duration of each malfunction of the source or air pollution control equipment 63.1628( a)( 2)( ii) 63.1658( a)( 2)( ii)

All maintenance performed on the air pollution control equipment 63.1628( a)( 2)( iii) 63.1658( a)( 2)( iii)

Actions taken during periods of SSM when such actions are different from the procedures specified in the SSM plan 63.1628( a)( 2)( iv) 63.1658( a)( 2)( iv)

All information necessary to demonstrate conformance with the SSM plan when all actions taken during periods of SSM are consistent with the procedures specified in such plan 63.1628( a)( 2)( v) 63.1658( a)( 2)( v)

All required measurements needed to demonstrate compliance with the standard and to support data that the source is required to report, including, but not limited to performance test measurements and measurements as may be necessary to determine the conditions of the initial test or subsequent tests 63.1628( a)( 2)( vi) 63.1658( a)( 2)( vi) Requirements Regulation, § A 2 All results of initial or subsequent performance tests and opacity and visible emissions observations 63.1628( a)( 2)( vii) 63.1658( a)( 2)( vii)

If the owner or operator has been granted a waiver from recordkeeping or reporting requirements under § 63.10( f) of subpart A, any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements 63.1628( a)( 2)( viii) 63.1658( a)( 2)( viii)

If the owner or operator has been granted a waiver from the initial performance test under § 63.7( h) of subpart A, a copy of the full request and the Administrator's approval or disapproval 63.1628( a)( 2)( ix) 63.1658( a)( 2)( ix)

All documentation supporting initial notifications and notifications of compliance status required by § 63.9 of subpart A 63.1628( a)( 2)( x) 63.1658( a)( 2)( x)

As required by § 63.10( b)( 3), records of any applicability determination, including supporting analyses 63.1628( a)( 2)( xi) 63.1658( a)( 2)( xi)

Records of pressure drop across the venturi, if a venturi scrubber is used 63.1628( b)( 1)( i) 63.1658( b)( 1)( i)

Records of results of weekday opacity observations 63.1628( b)( 1)( ii)

Records of manufacturer certification that monitoring devices are accurate to within 5 percent and of semiannual calibration 63.1628( b)( 1)( iii) 63.1658( b)( 1)( ii)

Copy of the written maintenance plan for each air pollution control device 63.1628( b)( 1)( iv) 63.1658( b)( 1)( iii) Requirements Regulation, § A 3 Copy of the fugitive dust operating procedures manual 63.1628( b)( 1)( v) 63.1658( b)( 1)( iv)

Records of each maintenance inspection and repair, replacement, or other corrective action 63.1628( b)( 1)( vi) 63.1658( b)( 1)( v)

All records for the most recent two years of operation must be maintained on site. Records for the previous three years may be maintained off site. 63.1628( c) 63.1658( c)

Reporting Reporting results of performance tests 63.1627( a)( 2) 63.1657( a)( 2)

Reporting results of opacity observations 63.1627( a)( 3) 63.1657( a)( 3)

Periodic startup, shutdown, and malfunction reports 63.1627( a)( 4) 63.1657( a)( 4)

Summary record of maintenance plan reports 63.1627( b)( 1) 63.1657( b)( 1)

Pressure drop report for venturi scrubbers 63.1627( b)( 1)( i) 63.1657( b)( 2)

Weekday opacity observation report 63.1627( b)( 1)( ii)

Fugitive dust corrective action report 63.1627( b)( 2) 63.1657( b)( 3)

Capture system monitoring parameter exceedance report 63.1627( b)( 3) 63.1657( b)( 4)

Excess emission report 63.1627( b)( 4) 63.1657( b)( 5)


[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Page 76218]
[FR Doc No: 2011-31227]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0091]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated November 15, 2011, New Jersey Transit (NJT) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety laws
or regulations contained at Title 49 U.S.C. Section 20302. FRA assigned
the petition Docket Number FRA-2011-0091.
    Specifically, NJT is seeking relief from 49 U.S.C. 20302(1)(B). FRA
has determined that NJT has incorrectly sought relief from the statute,
which does not apply specifically to this issue. The correct areas that
NJT should be seeking relief from are 49 CFR 231.1(e), Ladders; and 49
CFR 238.230(b), Welded safety appliances. FRA has modified the
application to reflect the correct citations and will proceed with the
waiver application as modified.
    The side door access ladders of the series ALP 46, ALP 46A, and ALP
45DP locomotives consist of a frame assembly incorporating welded
joints in the fabrication. The assembly is then bolted to the side sill
of the locomotive. NJT has stated that the ALP 46 and ALP 46A
locomotives have been in use for 9 years with no history of structural
failure or reported injuries associated with this ladder design.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received by January 20, 2012 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (volume 65, number 70; pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 30, 2011.
Brenda J. Moscoso,
Director, Office of Safety Analysis, Risk Reduction, and Crossing/
Trespasser Programs.
[FR Doc. 2011-31227 Filed 12-5-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25852-25856]
[FR Doc No: 2019-11564]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85957; File No. SR-NASDAQ-2019-040]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Complementary Services Offered by the Exchange Under
Rule IM-5900-7

May 29, 2019.
    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 16, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the treatment of direct listings
including Level 2 American Depository Receipts (ADRs) under IM-5900-7,
specify that an Eligible New Listing includes Level 3 ADRs, update the
values of certain services, modify the market advisory tools provided
under IM-5900-7 to certain new listings, and make certain other
clarifying changes.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com, 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
    Nasdaq offers complimentary services under IM-5900-7 to companies
listing on the Nasdaq Global and Global Select Markets in connection
with an initial public offering (other than a company listed under IM-
5101-2), upon emerging from bankruptcy, in connection with a spin-off
or carve-out from another company, or in conjunction with a business
combination that satisfies the conditions in Nasdaq IM-5101-2(b)
(``Eligible New Listings'') and to companies (other than a company
listed under IM-5101-2) switching their listing from the New York Stock
Exchange (``NYSE'') to the Global or Global Select Markets (``Eligible
Switches'').\3\ Nasdaq believes that the complimentary service program
offers valuable services to newly listing companies, designed to help
ease the transition of becoming a public company or switching markets,
and makes listing on Nasdaq more attractive to these companies. The
services offered include a whistleblower hotline, investor relations
website, disclosure services for earnings or other press releases,
webcasting, market analytic tools, and may include market advisory
tools such as stock surveillance (collectively the ``Service
Package'').\4\
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    \3\ See Exchange Act Release No. 65963 (December 15, 2011), 76
FR 79262 (December 21, 2011) (SR-NASDAQ-2011-122) (adopting IM-5900-
7); Exchange Act Release No. 72669 (July 24, 2014), 79 FR 44234
(July 30, 2014) (SR-NASDAQ-2014-058) (adopting changes to IM-5900-
7); Exchange Act Release No. 78806 (September 9, 2016), 81 FR 63523
(September 15, 2016) (SR-NASDAQ-2016-098); Exchange Act Release No.
79366 (November 21, 2016), 81 FR 85663 (November 28, 2016) (SR-
NASDAQ-2016-106); Exchange Act Release No. 82791 (February 28,
2018), 83 FR 9354 (March 5, 2018) (SR-NASDAQ-2018-15); Exchange Act
Release No. 82976 (March 30, 2018), 83 FR 14683 (April 5, 2018) (SR-
NASDAQ-2018-23).
    \4\ In addition, all companies listed on Nasdaq receive other
standard services from Nasdaq, including Nasdaq Online and the
Market Intelligence Desk.
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Direct Listing
    Nasdaq recognizes that some companies that have sold common equity
securities in private placements, which have not been listed on a
national securities exchange or traded in the over-the-counter market
pursuant to FINRA Form 211 immediately prior to the initial pricing,
may wish to list those securities to allow existing shareholders to
sell their shares. Nasdaq previously adopted requirements under IM-
5315-1 applicable to such companies listing on the Nasdaq Global Select
Market \5\ and now proposes to include in the definition of an
``Eligible New Listing'' that receives complimentary services under IM-
5900-7 a company listing in connection with a direct listing. This
change is consistent with the approach approved by the Commission in
the rules of NYSE, which provides similar services to direct
listings.\6\
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    \5\ Exchange Act Release No. 85156 (February 15, 2019), 84 FR
5787 (February 22, 2019).
    \6\ Section 907.00 of the NYSE Listed Company Manual provides
that for the purposes of this Section 907.00, the term ``Eligible
New Listing'' means ``any U.S. company that lists common stock on
the Exchange for the first time and any non-U.S. company that lists
an equity security on the Exchange under Section 102.01 or 103.00 of
the Manual for the first time, regardless of whether such U.S. or
non-U.S. company conducts an offering . . .'' See Exchange Act
Release No. 68143 (November 2, 2012), 77 FR 67053 (November 8, 2012)
(SR-NYSE-2012-44); As subsequently amended Section 907.00 of the
NYSE Listed Company Manual now provides that ``the term ``Eligible
New Listing'' means (i) any U.S. company that lists common stock on
the Exchange for the first time and any non-U.S. company that lists
an equity security on the Exchange under Section 102.01 or 103.00 of
the Manual for the first time, regardless of whether such U.S. or
non-U.S. company conducts an offering and (ii) any U.S. or non-U.S.
company emerging from a bankruptcy, spinoff (where a company lists
new shares in the absence of a public offering), and carve-out
(where a company carves out a business line or division, which then
conducts a separate initial public offering).''
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American Depository Receipts
    U.S. investors often hold equity securities of foreign issuers in
the form of ADRs. An ADR is a security that represents an ownership
interest in a specified number of foreign securities that have been
placed with a depositary financial institution by the issuer or holders
of such securities. An ADR is in essence a substitute trading mechanism
for foreign securities allowing the issuer or holder to transfer title
to the underlying foreign securities by delivery of the ADR. The
depositary is typically a U.S. bank or trust company, and it usually
appoints a custodian to hold the deposited securities in the home
market of the foreign issuer.\7\ The custodian is often a bank, and may
be a subsidiary or branch of the depositary or a third-party
institution with which the depositary has a contractual custodian
relationship.
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    \7\ ADRs have many characteristics of a domestic equity security
but also provide U.S. investors with several attributes that are
absent in direct ownership of foreign securities. The depositary (or
the custodian) monitors the declaration of dividends, collects them
and converts them to U.S. dollars for distribution. In addition, the
clearance and settlement process for ADRs generally is the same as
for other domestic securities that are traded in the U.S. markets.
Thus, investors can own an interest in securities of foreign issuers
while holding securities that trade, clear and settle within
automated U.S. systems and within U.S. timeframes.
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    In order to list ADRs, Nasdaq requires that such ADRs be sponsored.
A sponsored ADR facility is typically established jointly by an issuer
and a depositary. The foreign issuer of the deposited securities
typically enters into a deposit agreement with the depositary. For a
sponsored ADR, both the depositary and the foreign company sign the F-6
registration statement under the Securities Act of 1933. The deposit
agreement sets out the rights and responsibilities of the issuer and
the depositary, and the ADR holders as third party beneficiaries. Each
ADR holder becomes a party to such agreement through its holding of the
ADR.
    Market participants describe sponsored facilities in terms of three
categories, based on the extent to which the issuer of the deposited
securities has accessed the U.S. securities market. A ``Level 1
facility'' is an ADR facility the ADRs of which trade in the U.S. over-
the-counter market and the foreign issuer is not required to register
with or report to the Commission under Section 12 or 15 of the Exchange
Act. ``Level 2'' refers to ADRs that are listed on a U.S. stock
exchange by a foreign issuer that becomes subject to certain SEC
reporting requirements,\8\ but the foreign issuer has not sold ADRs in
the United States in order to raise capital or effect an acquisition.
``Level 3'' denotes ADRs that are listed on a U.S. stock exchange where
the foreign issuer has sold ADRs in the United States in a registered
public offering. A foreign issuer can apply to list Level 2 or Level 3
ADRs on any of Nasdaq's market tiers.
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    \8\ Following their listing on Nasdaq, such companies will also
be required to register and file annual reports under the Exchange
Act with the Commission.
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    Nasdaq proposes to include Level 2 ADRs in the definition of an
``Eligible New Listing'' that receives complimentary services under IM-
5900-7 when the ADRs are listed in connection with a direct listing
under IM-5315-1(c). Nasdaq also proposes to specify that an Eligible
New Listing includes Level 3 ADRs by stating that the rule reference in
IM-5900-7 to listing ``in connection with [the company's] initial
public offering'' means the initial public offering in the United
States, including ADRs, rather than the initial public offering of the
underlying foreign securities in the company's home market. Such
companies would receive the same services under IM-5900-7, with the
same value, as any other Eligible New

Listing. This change is consistent with the approach approved by the
Commission in the rules of NYSE, which provides similar services to
companies listing ADRs in connection with initial public offering or
through a direct listing.\9\
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    \9\ See footnote 6 above. Section 907.00 of the NYSE Listed
Company Manual provides that ``an ``equity security'' means common
stock or common share equivalents such as ordinary shares, New York
shares, global shares, American Depository Receipts, or Global
Depository Receipts.'' See Exchange Act Release No. 68143 (November
2, 2012), 77 FR 67053 (November 8, 2012) (SR-NYSE-2012-44).
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Other Changes
    As part of the Service Package, Eligible New Listings and Eligible
Switches with a market capitalization of $750 million or more currently
receive a choice of market advisory tools, including a monthly
ownership analytics and event driven targeting tool, as described in
IM-5900-7(a)(iii). Nasdaq has determined to discontinue providing this
tool because over time Nasdaq observed that it receives minimal
interest from Nasdaq customers, in particular because there is
considerable overlap in services with the stock surveillance tool.\10\
Accordingly, Nasdaq proposes to remove the monthly ownership analytics
and event driven targeting tool from the list of available market
advisory tools under IM-5900-7(a) and to renumber the remaining market
advisory tools accordingly.\11\
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    \10\ Currently no company receives the monthly ownership
analytics and event driven targeting service from Nasdaq.
    \11\ The revised package of services will maintain the same
approximate retail value as the one currently provided because
Nasdaq presumed that a company would use stock surveillance, which
has an approximate retail value of $56,500 as revised ($56,000
previously), and global targeting, which has an approximate retail
value of $44,000 rather than the monthly ownership analytics and
event driven targeting, which has an approximate retail value of
$48,000, because there is considerable overlap between the latter
and the stock surveillance service.
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    Nasdaq also proposes to update the values of the services contained
in IM-5900-7 to their current values. Depending on a company's market
capitalization and whether it is an Eligible New Listing or an Eligible
Switch, the total revised value of the services provided ranges from
$151,000 to $828,000, and one-time development fees of approximately
$5,000 are waived.\12\
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    \12\ The exact values are set forth in proposed IM-5900-7. Under
the current rule the stated value of the services provided ranges
from $150,000 to $824,000, and one-time development fees of
approximately $5,000 are waived. In describing the total value of
the services for companies that can select more than one market
advisory tool, Nasdaq presumes that a company would use stock
surveillance, which has an approximate retail value of $56,500 as
revised ($56,000 previously), and global targeting, which has an
approximate retail value of $44,000. Companies could, of course,
select different combinations of the three services offered, but
these other combinations would have lower total approximate retail
values. See Exchange Act Release No. 78392 (July 22, 2016), 81 FR
49705, 49706 n.10 (July 28, 2016) (Notice of Filing for SR-NASDAQ-
2016-098).
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    The proposed rule change will be operative for new listings on or
after the effectiveness of this rule filing. Companies that list before
that date will continue to receive services as described in the current
rule.
    Finally, Nasdaq also proposes to make non-substantive changes to
update the introductory note in IM-5900-7 and to include the specific
operative date of the proposed rule change to ease understanding of the
rule.
    Nasdaq represents, and this proposed rule change will help ensure,
that individual listed companies, including ADRs and direct listings,
are not given specially negotiated packages of products or services to
list, or remain listed, which the Commission has previously stated
would raise unfair discrimination issues under the Exchange Act.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Exchange Act,\13\ in general, and furthers the objectives
of Section 6(b)(5) of the Exchange Act,\14\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest. Nasdaq also believes that the
proposed rule change is consistent with the provisions Sections
6(b)(4),\15\ 6(b)(5),\16\ and 6(b)(8),\17\ in that the proposal is
designed, among other things, to provide for the equitable allocation
of reasonable dues, fees, and other charges among Exchange members and
issuers and other persons using its facilities and to promote just and
equitable principles of trade, and is not designed to permit unfair
discrimination between issuers, and that the rules of the Exchange do
not impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Exchange Act.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(4).
    \16\ 15 U.S.C. 78f(5).
    \17\ 15 U.S.C. 78f(8).
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    Nasdaq faces competition in the market for listing services,\18\
and competes, in part, by offering valuable services to companies.
Nasdaq believes that it is reasonable to offer complimentary services
to attract and retain listings as part of this competition. All
similarly situated companies are eligible for the same package of
services. Nasdaq previously created different tiers of services based
on a market capitalization. As noted in the Service Package filings,
Nasdaq believes that it is appropriate to offer different services
based on a company's market capitalization given that larger companies
generally will need more and different governance, communication and
intelligence services.\19\
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    \18\ The Justice Department has noted the intense competitive
environment for exchange listings. See ``NASDAQ OMX Group Inc. and
IntercontinentalExchange Inc. Abandon Their Proposed Acquisition Of
NYSE Euronext After Justice Department Threatens Lawsuit'' (May 16,
2011), available at http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
    \19\ Exchange Act Release No. 65963, 76 FR at 79265.
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    Nasdaq also believes it is reasonable, and not unfairly
discriminatory, to offer complimentary services to a foreign company
listing Level 2 ADRs or a domestic company listing in connection with a
direct listing under IM-5315-1. Such companies are similar to other
Eligible New Listings, such as initial public offerings of domestic
companies, and will have increased need to focus on identifying and
communicating with its shareholders because they are listing on a
national securities exchange in the U.S. for the first time. Like the
other Eligible New Listings that receive complimentary services under
the existing rule, these companies are transitioning to the traditional
U.S. public company model and the complimentary services provided will
help ease that transition.\20\ In addition, these companies will be
purchasing many of these services for the first time, and offering
complimentary services will provide Nasdaq Corporate Solutions and
third-party service providers the opportunity to demonstrate the value
of its services and forge a relationship with the company at a time
when it is choosing its service providers. For these reasons, Nasdaq
believes it is not an inequitable allocation of fees nor unfairly
discriminatory to offer the services to a foreign company listing Level
2 ADRs or a domestic company listing in connection with a direct
listing under IM-5315-1. To the contrary, this

proposed change will eliminate a distinction between companies listing
common stock or ADRs through a direct listing and companies listing
through an IPO.
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    \20\ Although companies listing Level 2 ADRs may have prior
experience being a public company in their home country, they,
nonetheless, will be transitioning to the traditional public company
model in the United States. Following their listing on Nasdaq, such
companies will also be required to register and file annual reports
under the Exchange Act with the Commission.
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    Nasdaq believes that the proposed change to specify that the rule
reference in IM-5900-7 to listing ``in connection with [the company's]
initial public offering'' means the initial public offering in the
United States, including ADRs, rather than the initial public offering
of the underlying foreign securities in the company's home market is
consistent with Section 6(b)(5) of the Exchange Act because it will
provide transparency in the rules and address an ambiguity by
specifying that listing of Level 3 ADRs on Nasdaq is considered an
initial public offering notwithstanding that the issuer of ADRs may
already be a public company in their home country.
    As described above, Nasdaq faces competition in the market for
listing services, and competes, in part, by offering valuable services
to companies. As part of the Service Package, Eligible New Listings and
Eligible Switches with a market capitalization of $750 million or more
currently receive a choice of market advisory tools, including a
monthly ownership analytics and event driven targeting tool, as
described in IM-5900-7(a)(iii). Based on Nasdaq's experience with
offering this service, Nasdaq has determined to discontinue providing
this tool because over time Nasdaq observed that this tool receives
minimal interest from Nasdaq customers, in particular because the stock
surveillance tool and the monthly ownership analytics and event driven
targeting tool have considerable overlap between these services. Nasdaq
believes that the removal of the monthly ownership analytics and event
driven targeting tool is not unfairly discriminatory because all
similarly situated companies are eligible for the same package of
services. Moreover, no company currently uses this service.
    The Commission has previously indicated pursuant to Section 19(b)
of the Exchange Act \21\ that updating the values of the services
within the rule is necessary,\22\ and Nasdaq does not believe this
update has an effect on the allocation of fees nor does it permit
unfair discrimination, as issuers will continue to receive the same
services, except for the monthly ownership analytics and event driven
targeting tool, which will be removed as described above. Further, this
update will enhance the transparency of Nasdaq's rules and the value of
the services it offers companies, thus promoting just and equitable
principles of trade. As such, the proposed rule change is consistent
with the requirements of Section 6(b)(4) and (5) of the Exchange Act.
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    \21\ 15 U.S.C. 78s(b).
    \22\ See Exchange Act Release No. 72669 (July 24, 2014), 79 FR
44234 (July 30, 2014) (SR-NASDAQ-2014-058) (footnote 39 and
accompanying text: ``We would expect Nasdaq, consistent with Section
19(b) of the Exchange Act, to periodically update the retail values
of services offered should they change. This will help to provide
transparency to listed companies on the value of the free services
they receive and the actual costs associated with listing on
Nasdaq.'')
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    Finally, Nasdaq notes that the proposed change to update the
introductory note in IM-5900-7 and to include the specific operative
date of the proposed rule change is consistent with Section 6(b)(5) of
the Exchange Act because it will clarify the rule without making any
substantive change.
    Nasdaq represents, and this proposed rule change will help ensure,
that individual listed companies are not given specially negotiated
packages of products or services to list, or remain listed, which the
Commission has previously stated would raise unfair discrimination
issues under the Exchange Act.\23\
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    \23\ See Exchange Act Release No. 79366, 81 FR 85663 at 85665
(citing Securities Exchange Act Release No. 65127 (August 12, 2011),
76 FR 51449, 51452 (August 18, 2011) (approving NYSE-2011-20)).
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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 Exchange Act. As noted above, Nasdaq
faces competition in the market for listing services, and competes, in
part, by offering valuable services to companies. The proposed rule
changes reflect that competition, but do not impose any burden on the
competition with other exchanges. Rather, Nasdaq believes the proposed
changes will result in more potential listings being eligible to
receive the package and therefore will enhance competition for new
listings of ADRs and companies listing in connection with a direct
listing under IM-5315-1. Finally, the clarification that listing of
Level 3 ADRs on Nasdaq is considered an initial public offering in the
United States will not impose any burden on competition because it will
provide transparency in the rules and eliminate an ambiguity. This
change is consistent with the approach approved by the Commission in
the rules of NYSE, which provides similar services to companies listing
ADRs in connection with initial public offering.\24\
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    \24\ See footnote 9 above.
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    Other exchanges can also offer similar services to companies,
thereby increasing competition to the benefit of those companies and
their shareholders. Accordingly, Nasdaq does not believe the proposed
rule change will impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Exchange Act, as
amended.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \25\ and Rule 19b-4(f)(6) thereunder.\26\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder. \27\
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    \25\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \26\ 17 CFR 240.19b-4(f)(6).
    \27\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Exchange has
satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \28\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\29\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. In its filing with the
Commission, Nasdaq has asked the Commission to waive the 30-day
operative delay to allow Nasdaq to offer the Service Package to any
companies listing ADRs or common stock through a direct listing during
such 30-day period. In addition, Nasdaq has asked the Commission to
waiver the 30-day operative delay in order to immediately (i) reflect
the accurate values of the complimentary services in Nasdaq's rules,
(ii) specify that

companies listing Level 3 ADRs on Nasdaq are considered to be listing
in connection with an initial public offering in the United States, and
(iii) remove the monthly ownership analytics and event driven targeting
tool from the list of available market advisory tools under IM-5900-
7(a).
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    \28\ 17 CFR 240.19b-4(f)(6).
    \29\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission notes that Nasdaq's proposal to offer the Service
Package to any companies listing ADRs or common stock through a direct
listing is substantially similar to the rules of another exchange that
were approved previously by the Commission as consistent with the Act
after being published in the Federal Register for notice and
comment.\30\ In addition, the Commission notes that the other proposed
amendments to Nasdaq's rules would enhance the transparency of IM-5900-
7 and eliminate a service that is not used by any listed company. For
these reasons, the Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest and hereby waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\31\
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    \30\ See Securities Exchange Act Release No. 68143, note 6
supra.
    \31\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2019-040 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2019-040. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2019-040, and should be submitted
on or before June 25, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11564 Filed 6-3-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Page 33261]
[FR Doc No: 2021-13299]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2530-057]

Brookfield White Pine Hydro LLC; Notice of Waiver Period for
Water Quality Certification Application

    On March 12, 2021, Brookfield White Pine Hydro LLC submitted to the
Federal Energy Regulatory Commission (Commission) a copy of its
application for a Clean Water Act section 401(a)(1) water quality
certification filed with the Maine Department of Environmental
Protection, in conjunction with the above captioned project. Pursuant
to 40 CFR 121.6, we hereby notify the Maine Department of Environmental
Protection of the following:
    Date of Receipt of the Certification Request: March 12, 2021.
    Reasonable Period of Time to Act on the Certification Request: One
year.
    Date Waiver Occurs for Failure to Act: March 14, 2022.\1\
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    \1\ The Commission's Rules of Practice and Procedure provide
that, if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is not open for business, the filing
deadline does not end until the close of business on the next
business day. 18 CFR 385.2007(a)(2) (2020). Because the end of the
one-year time period falls on a Saturday (March 12, 2022), the
period is extended until the close of business on Monday, March 14,
2022.
---------------------------------------------------------------------------

    If the Maine Department of Environmental Protection fails or
refuses to act on the water quality certification request by the above
waiver date, then the agency certifying authority is deemed waived
pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C.
1341(a)(1).

    Dated: June 17, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-13299 Filed 6-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Proposed Rules]
[Page 13486-13488]
[DOCID:fr13mr08-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0306; Directorate Identifier 2008-CE-014-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Model 525
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Cessna Aircraft Company (Cessna) Model 525 airplanes. This
proposed AD would require you to inspect for missing firewall sealant
between the aft firewall assembly and seal assembly; and, if you find
that firewall sealant is missing, seal with firewall sealant between
the aft firewall assembly and seal assembly. This proposed AD results
from a report that firewall sealant may not have been applied between
the aft firewall assembly and seal assembly during manufacture of
certain Model 525 airplanes. We are proposing this AD to detect and
correct missing firewall sealant between the aft firewall assembly and
seal assembly, which could result in failure of the fire extinguishing
system to prevent the spread of fire through the firewall gap. This
failure could lead to an uncontrolled fire.

DATES: We must receive comments on this proposed AD by May 12, 2008.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: James Galstad, Aerospace Engineer,
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2008-0306; Directorate Identifier 2008-CE-014-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    We have received a report that firewall sealant may not have been
applied between the aft firewall assembly and seal assembly during
manufacture of Model 525 airplanes, serial numbers 525-0600 through
525-0662.
    A nacelle fire may pass through the gap where the firewall sealant
is missing. Although the fire detection system and fire extinguishing
system remain operational, the effectiveness of the fire extinguishing
system has not been shown to prevent the spread of fire through the
firewall gap. The fire could pass through the gap in the firewall or
the effectiveness of the fire extinguishing system be defeated by the
gap.
    This condition, if not corrected, could result in an uncontrolled
fire.

Relevant Service Information

    We have reviewed Cessna Aircraft Company Citation Service Letter
SL525-71-05, Revision 1, dated February 6, 2008. The service
information describes procedures for:
     Inspecting for missing firewall sealant between the aft
firewall assembly and seal assembly; and
     Sealing with firewall sealant between the aft firewall
assembly and seal assembly.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require you to inspect for missing firewall sealant between the
aft firewall assembly and seal assembly; and, if you find that firewall
sealant is missing, seal with firewall sealant between the aft firewall
assembly and seal assembly.

Differences Between This Proposed AD and the Service Information

    The service information requires compliance within 600 hours time-
in-service (TIS) or 1 year after the date of receipt, whichever occurs
first. Due to the severity of the safety issue (uncontrolled fire),
this proposed AD has a compliance of within the next 60 hours TIS after
the effective date of this AD or 60 days after the effective date of
this AD, whichever occurs first. The requirements of this proposed AD,
if adopted as a final rule, would take precedence over the provisions
in the service information.

Costs of Compliance

    We estimate that this proposed AD would affect 45 airplanes in the
U.S. registry.
    We estimate the following costs to do the proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............  Not Applicable.................             $80           $3,600
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the proposed inspection. We
have no way of determining the number of airplanes that may need this
repair:

------------------------------------------------------------------------
                                                          Total cost per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
4 work-hours x $80 per hour = $320....             $30             $350
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Cessna Aircraft Company: Docket No. FAA-2008-0306; Directorate
Identifier 2008-CE-014-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by May 12, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 525 airplanes, serial numbers 525-
0600 through 525-0662, that are certificated in any category.

Unsafe Condition

    (d) This AD results from a report that firewall sealant may not
have been applied between the aft firewall assembly and seal
assembly during manufacture of certain Model 525 airplanes. We are
issuing this AD to detect and correct missing firewall sealant
between the aft firewall assembly and seal assembly, which could
result in failure of the fire extinguishing system to prevent the
spread of fire through the firewall gap. This failure could lead to
an uncontrolled fire.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect between the       Within the next 60    Follow Cessna
 6352225 aft firewall          hours time-in-        Aircraft Company
 assembly and 6352226 seal     service (TIS) after   Citation Service
 assembly for missing          the effective date    Letter SL525-71-05,
 firewall sealant.             of this AD or         Revision 1, dated
                               within 60 days        February 6, 2008.
                               after the effective
                               date of this AD,
                               whichever occurs
                               first.
(2) If, as a result of the    Before further        Follow Cessna
 inspection required by        flight after the      Aircraft Company
 paragraph (e)(1) of this      inspection required   Citation Service
 AD, you find there is         by paragraph (e)(1)   Letter SL525-71-05,
 missing firewall sealant      of this AD.           Revision 1, dated
 between the 6352225 aft                             February 6, 2008.
 firewall assembly and
 6352226 seal assembly, seal
 with U000117S firewall
 sealant in the gap between
 the 6352225 aft firewall
 assembly and 6352226 seal
 assembly.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: James Galstad, Aerospace Engineer, Wichita ACO, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>. Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this
AD, contact Cessna Aircraft Company, Product Support, P.O. Box 7706,
Wichita, Kansas 67277; telephone:<PHONE_NUMBER>; fax: (316) 942-
9006. To view the AD docket, go to U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or
on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on March 7, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-5005 Filed 3-12-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Notices]
[Page 32370]
[FR Doc No: 2011-13895]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1976-DR; Docket ID FEMA-2011-0001]

Kentucky; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-1976-DR), dated May 4, 2011, and
related determinations.

DATES: Effective Date: May 26, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of May 4, 2011.

    Pike County for Individual Assistance.
    Ballard, Daviess, Henderson, Lawrence, and McLean Counties for
Individual Assistance, (already designated for Public Assistance,
including direct Federal assistance).

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-13895 Filed 6-3-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Rules and Regulations]
[Pages 29229-29230]
[FR Doc No: 2017-13456]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2017-0585; Airspace Docket No. 17-ASO-13]

Amendment of Multiple Restricted Areas; Townsend, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action updates the using agency information for
restricted areas R-3007A, R-3007B, R-3007C, and R-3007D, Townsend, GA.
This is an administrative change to reflect the current organization
tasked with using agency responsibilities for the restricted areas. It
does not affect the boundaries, designated altitudes, time of
designation or activities conducted within the restricted areas.

DATES: Effective date: 0901 UTC, October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Sean Hook, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it updates the using agency for restricted areas R-3007A, R-3007B,
R-3007C, and R-3007D, Townsend, GA, to reflect the current organization
responsible for the restricted areas.

The Rule

    This rule amends title 14 Code of Federal Regulations (14 CFR) part
73 by updating the using agency name for restricted areas R-3007A, R-
3007B, R-3007C, and R-3007D, Townsend, GA, by removing the words ``ANG,
Savannah Combat Readiness Training Center, GA'' and adding the words
``USMC, Marine Corps Air Station Beaufort, SC.'' The name change
reflects the current organization assigned using agency
responsibilities for the restricted areas. This is an administrative
change that does not affect the boundaries, designated altitudes, or
activities conducted within the restricted areas; therefore, notice and
public procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of updating the using
agency information for restricted areas R-3007A, R-3007B, R-3007C, and
R-3007D, Townsend, GA qualifies for categorical exclusion under the
National Environmental Policy Act in accordance

with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5.d, ``Modification of the technical description of
special use airspace (SUA) that does not alter the dimensions,
altitudes, or times of designation of the airspace (such as changes in
designation of the controlling or using agency, or correction of
typographical errors).'' This airspace action is an administrative
change to the using agency names for restricted areas R-3007A, R-3007B,
R-3007C, and R-3007D to update the using agency name. It does not alter
the dimensions, altitudes, time of designation, or use of the airspace.
Therefore, this airspace action is not expected to result in any
significant environmental impacts. In accordance with FAAO 1050.1F,
paragraph 5-2 regarding Extraordinary Circumstances, this action has
been reviewed for factors and circumstances in which a normally
categorically excluded action may have a significant environmental
impact requiring further analysis, and it is determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.30   [Amended]

0
2. Sec.  73.30 is amended as follows:
* * * * *

R-3007A Townsend, GA [Amended]

* * * * *
    By removing ``Using agency. ANG, Savannah Combat Readiness
Training Center, GA,'' and adding in its place ``Using agency. USMC,
Marine Corps Air Station Beaufort, SC.''

R-3007B Townsend, GA [Amended]

* * * * *
    By removing ``Using agency. ANG, Savannah Combat Readiness
Training Center, GA,'' and adding in its place ``Using agency. USMC,
Marine Corps Air Station Beaufort, SC.''

R-3007C Townsend, GA [Amended]

* * * * *
    By removing ``Using agency. ANG, Savannah Combat Readiness
Training Center, GA,'' and adding in its place ``Using agency. USMC,
Marine Corps Air Station Beaufort, SC.''

R-3007D Townsend, GA [Amended]

* * * * *
    By removing ``Using agency. ANG, Savannah Combat Readiness
Training Center, GA,'' and adding in its place ``Using agency. USMC,
Marine Corps Air Station Beaufort, SC.''

    Issued in Washington, DC, on June 21, 2017.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-13456 Filed 6-27-17; 8:45 am]
 BILLING CODE 4910-13-P