[Federal Register: March 9, 2010 (Volume 75, Number 45)]
[Rules and Regulations]
[Page 10690-10692]
[DOCID:fr09mr10-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0859; FRL-9123-3]

Revisions to the California State Implementation Plan, San
Joaquin Valley Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Air Pollution Control District (SJVAPCD) portion of the
California State Implementation Plan (SIP). These revisions were
proposed in the Federal Register on December 18, 2009 and concern
reduction of animal matter and volatile organic compound (VOC)
emissions from crude oil production, cutback asphalt, and petroleum
solvent dry cleaning. We are approving local rules that regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).

DATES: Effective Date: This rule is effective on April 8, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0859 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Joanne Wells, EPA Region IX, (415)
947-4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
    IV. Statutory and Executive Order Reviews

I. Proposed Action

    On December 18, 2009 (74 FR 67154), EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.              Rule title               Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD...........................            4104  Reduction of Animal Matter..        12/17/92         8/24/07
SJVAPCD...........................            4404  Heavy Oil Test Station--Kern        12/17/92         8/24/07
                                                     County.
SJVAPCD...........................            4641  Cutback, Slow Cure, and             12/17/92         8/24/07
                                                     Emulsified Asphalt, Paving
                                                     and Maintenance Operations.
SJVAPCD...........................            4672  Petroleum Solvent Dry               12/17/92         8/24/07
                                                     Cleaning Operations.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. We
did not receive any comments on the proposed action.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 10, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: February 12, 2010.
Jane Diamond,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(351) (i)(C) to
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (351) * * *
    (i) * * *
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4104, ``Reduction of Animal Matter,'' Rule 4404, ``Heavy
Oil Test Station--Kern County,'' adopted May 21, 1992 and amended on
December 17, 1992.
    (2) Rule 4641, ``Cutback, Slow Cure, and Emulsified Asphalt, Paving
and Maintenance Operations,'' Rule 4672, ``Petroleum Solvent Dry
Cleaning Operations,'' adopted April 11, 1991 and amended on December
17, 1992.
* * * * *
[FR Doc. 2010-4967 Filed 3-8-10; 8:45 am]
BILLING CODE 6560-50-P


Table 1: Agency Burden Costs Report Type Wood Heater Regulation Citation ( A) ( B) ( C) ( D) ( E) ( F)

Hours Per Occurrence No. Of Occurrences Per Respondent Per Year Agency Hours Per Respondent Per Year ( C= AxB) Respdnts Per Year Hrs/ Cost Per Year ( E= CxD) Cost, Dollars ( F= Ex$ 35.89)

Response To Applicability Determination [ b] 4 1.00 4.00 5 20 $ 717.80 Manufacture Certification Notification &

Changes [ c] 60.533( f)( 1)

& 60.534( e) 2 2.67 5.34 50 267 $ 9,582.63 Certification Test [ d] 60.533( n) 40 0.13 5.20 50 260 $ 9,331.40 Apply For Certification of Model Line [ e] 60.533( b) 60 1.33 79.80 50 3990 $ 143,201.10 Biennial Reporting For Certified Models [ f] 60.537( f) 2 0.50 1.00 50 50 $ 1,794.50 2 Table 1: Agency Burden Costs, Continued Report Type Wood Heater Regulation Citation ( A) ( B) ( C) ( D) ( E) ( F)

Hours Per Occurrence No. Of Occurrences Per Respondent Per Year Agency Hours Per Respondent Per Year ( C= AxB) Respdnts Per Year Hrs/ Cost Per Year ( E= CxD) Cost, Dollars ( F= Ex$ 35.89)

Laboratory Application For Accreditation [ g] 60.535( a)( 1) 40 1.00 40.00 1 40 $ 1,435.60 Laboratory Proficiency Test Notice  Accreditation [ h] 60.535( b)( 5) 2 1.00 2.00 1 2 $ 897.25 Laboratory Proficiency Test Notice  New Lab Accreditation [ i] 60.535( b)( 5) 25 1.00 25.00 1 25 $ 897.25 3 Table 1: Agency Burden Costs, Continued Report Type Wood Heater Regulation Citation ( A) ( B) ( C) ( D) ( E) ( F)

Hours Per Occurrence No. Of Occurrences Per Respondent Per Year Agency Hours Per Respondent Per Year ( C= AxB) Respdnts Per Year Hrs/ Cost Per Year ( E= CxD) Cost, Dollars ( F= Ex$ 35.89)

Laboratory Proficiency Test Report  Annual [ j] 60.535( b)( 7)

a) Test Design and Implementation 80 1.00 80.00 1 80 $ 2,871.20 b) Test Observation 40 0.25 10.00 4 40 $ 1,435.60 c) Review of Test Reports 20 1.00 20.00 4 80 $ 2,871.20 d) Analysis/ Conclusions 40 1.00 40.00 1 40 $ 1,435.60 Parameter Inspections [ k] 40 0.25 10.00 50 500 $ 17,945.00 Totals For All Burden Items 5394 $ 194,487.91 4


[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]
[Page 69261-69262]
[DOCID:fr07de07-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56882; File No. SR-Amex-2007-56]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving a Proposed Rule Change Relating To Resolving Uncompared
Transactions

December 3, 2007.

I. Introduction

    On June 4, 2007, the American Stock Exchange LLC (``Amex'') filed
and on September 18, 2007, amended, a proposed rule change with the
Securities and Exchange Commission (``Commission'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder \2\ to amend Rule 724 (``Agents to Resolve DKs'') and
the corresponding Commentary. As proposed, the amendments would require
each member to designate a representative that is away from the Amex's
trading floor and that is authorized to resolve uncompared transactions
(``DKs'') on the member's behalf. The proposed rule change was
published for comment in the Federal Register on October 16, 2007.\3\
No comment letters were received on the

proposal. This order approves the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 56635 (Oct. 10, 2007),
72 FR 58693.
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II. Description of the Proposal

    Amex is revising Rule 724 to require each member that executes
transactions on Amex's trading floor (``Floor'') to designate another
member firm, allied member, registered representative, or any other
person required to be registered as a broker-dealer under the Act that
is physically located away from the Floor to act in a DK resolution
capacity by means of telephone, e-mail, or fax submission. Each member
will retain the option to also designate a Floor member to act on its
behalf regarding DK notices.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a registered securities exchange. In
particular, the Commission believes the proposal is consistent with
Section 6(b)(5) of the Act,\4\ which requires, among other things, that
the rules of a national securities exchange be designed to foster
cooperation and coordination among persons engaged in facilitating
transactions in securities. The new requirements that each Amex member
must designate an off-Floor representative that is equipped with
electronic communication capabilities to act on its behalf to resolve
DK notices in its absence will clarify the protocol for and reduce the
delays associated with resolving such uncompared transactions, thereby
facilitating a more prompt and reliable processing of securities
transactions among Amex members.
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    \4\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 6 of the Act \5\ and the
rules and regulations thereunder.
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    \5\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (File No. SR-Amex-2007-56) be,
and hereby is, approved.\7\
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    \6\ 15 U.S.C. 78s(b)(2).
    \7\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-23788 Filed 12-6-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2273-2274]
[FR Doc No: 2013-00293]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-P-1189]

Canned Tuna Deviating From Identity Standard; Temporary Permit
for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) received an
application for a temporary permit from Chicken of the Sea
International (the applicant). We are announcing that we have issued a
temporary permit to the applicant to market test products (designated
as ``no drain canned tuna'' products) that deviate from the U.S.
standard of identity for canned tuna. The purpose of the temporary
permit is to market test the product throughout the United States. The
permit will allow the applicant to measure consumer acceptance of the
new product and assess the new product's commercial feasibility.

DATES: This permit is effective for 15 months, beginning on the date
the applicant introduces or causes the introduction of one or more of
the test products into interstate commerce, but not later than April
10, 2013.

FOR FURTHER INFORMATION CONTACT: Loretta A. Carey, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are giving notice that we have issued a
temporary permit to Chicken of the Sea International, 9330 Scranton
Rd., suite 500, San Diego, CA 92121-7706. We are issuing the temporary
permit in accordance with 21 CFR 130.17, which addresses temporary
permits for interstate shipment of experimental packs of food varying
from the requirements of standards of identity issued under section 401
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341).

    The permit covers limited interstate marketing tests of products
identified as ``no drain canned tuna'' products. These test products
deviate from the U.S. standard of identity for canned tuna (21 CFR
161.190, hereinafter ``the standard'') in that the test products are
prepared by: (1) Adding such a small amount of liquid that the products
will not contain a packing medium in accordance with the standard; (2)
adding seasoning and flavoring ingredients (i.e., lemon juice
concentrate, lime oil, and chili paste) that are not permitted under
the current standard; and (3) deviating from the fill requirements of
the standard without including on the product label a general statement
of substandard fill. The test products meet all the requirements of the
standard with the exception of these three deviations. The purpose of
this temporary permit is to market test the product throughout the
United States. The permit will allow the applicant to measure customer
acceptance of the new product and assess the new product's commercial
feasibility.
    This permit provides for the temporary marketing of a total 533,333
cases of 12 x 4 ounce cans (totaling 6.4 million cans), covering 1.6
million pounds (725,747 kg) of test products. The test products will be
manufactured by: Thai Union Frozen Products Public Company PLC (located
at 30/2 Sethakit 1 Rd., Tambon Tarsrai, Ampheur Muang, Samutsakon
74000, Thailand); Paul Paulet SAS (located at SA Zone Industrielle De
Pouldavid, 29177 Dourrneinez, France); Pioneer Food Company (located at
Pioneer Food Company Building, P.O. Box 4D, Fishing Harbour, Tema,
Ghana); and Indian Ocean Tuna LTD (located at P.O Box 676, Fishing Port
Victoria, Mah[eacute], Seychelles). Chicken of the Sea International
will distribute the test products throughout the United States. Under
this temporary permit, the principal display panels of the test
products must bear the phrase ``no drain canned tuna'' in addition to
one of the following names: ``Solid Light Tuna,'' ''Solid White
Albacore Tuna,'' ''Solid Light Tuna Thai Chili,'' and ``Solid Light
Tuna Lemon Pepper.'' The information panels on the labels of the test
products must bear nutrition labeling in accordance with 21 CFR 101.9.
Each of the ingredients used in the food must be declared on the labels
of the test products as required by the applicable sections of 21 CFR
part 101. This permit is effective for 15 months, beginning on the date
the applicant introduces or causes the introduction of one or more of
the test products into interstate commerce, but not later than April
10, 2013.

    Dated: December 26, 2012.
Barbara Schneeman,
Director, Office of Nutrition, Labeling and Dietary Supplements, Center
for Food Safety and Applied Nutrition.
[FR Doc. 2013-00293 Filed 1-9-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26972-26974]
[FR Doc No: 2015-11274]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74875; File No. SR-NYSEMKT-2015-37]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending the Fees NYSE
Amex Options Market Data To Add a Late Fee in Connection With Failure
To Submit the Non-Display Use Declaration

May 5, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 27, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend the fees for NYSE Amex Options
market data to add a late fee in connection with failure to submit the
non-display use declaration, operative on May 1, 2015. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the fees for NYSE Amex Options
market data, as set forth on the NYSE Amex Options Proprietary Market
Data Fee Schedule (``Fee Schedule''), to add a late fee in connection
with failure to submit an updated non-display use declaration. The
proposed change to the Fee Schedule would be operative on May 1, 2015.
    The Exchange established the current fees for non-display services
for ArcaBook for Amex Options, which consists of ArcaBook for Amex
Options--Trades, ArcaBook for Amex Options--Top of Book, ArcaBook for
Amex Options--Depth of Book, ArcaBook for Amex Options--Complex,
ArcaBook for Amex Options--Series Status, and ArcaBook for Amex
Options--Order Imbalance, in May 2013 and amended those fees in
September 2014.\4\ In November 2014, the Exchange established the
current fees, including non-display use fees, for ArcaBook for Amex
Options--Complex on a standalone basis.\5\ The 2013 Non-Display Filing
established a requirement that data recipients that receive real-time
NYSE Amex Options market data subject to Non-Display Use fees submit a
declaration with respect to their use of non-display data. In
connection with the fee changes in the 2014 Non-Display Filing, the
Exchange required data recipients that receive real-time NYSE Amex
Options market data subject to Non-Display Use fees to complete and
submit an updated Non-Display Use Declaration by September 1, 2014.\6\
The 2014 Non-Display Filing also established that data recipients are
required to submit an updated annual Non-Display Use Declaration by
January 31st of each year beginning in 2016. In addition, if a data
recipient's use of real-time NYSE Amex Options market data changes at
any time after the data recipient submits a Non-Display Use
Declaration, the data recipient must inform the Exchange of the change
by completing and submitting at the time of the change an updated
declaration reflecting the change of use.
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    \4\ See Securities Exchange Act Release Nos. 69553 (May 10,
2013), 78 FR 28926 (May 16, 2013) (SR-NYSEMKT-2013-40) (``2013 Non-
Display Filing'') and 73008 (Sept. 5, 2014), 79 FR 54325 (Sept. 11,
2014) (SR-NYSEMKT-2014-73) (``2014 Non-Display Filing'').
    \5\ See Securities Exchange Act Release No. 73589 (Nov. 13,
2014), 79 FR 68933 (Nov. 19, 2014) (SR-NYSEMKT-2014-94).
    \6\ The current form of the Non-Display Use Declaration
reflected the changes to the non-display fees set forth in the 2014
Non-Display Filing and replaced the NYSE Euronext Non-Display Use
Declaration established in connection with the 2013 Non-Display
Filing.
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    The Exchange notes that if a data recipient does not timely submit
a Non-Display Use Declaration, the Exchange does not have up-to-date
information about the data recipient's data use and therefore may not
be charging the correct fees to the data recipient. In order to
correctly assess fees for the non-display use of NYSE Amex Options
market data, the Exchange needs to have current and accurate
information about the use of NYSE Amex Options market data. The failure
of data recipients to submit the Non-Display Use Declaration on time
leads to potentially incorrect billing and administrative burdens,
including tracking and obtaining late Non-Display Use Declarations and
correcting customer records in connection with late Non-Display Use
Declarations. The purpose of the proposed late fee is to incent data
recipients to submit the Non-Display Use Declaration promptly to avoid
the administrative burdens associated with the late submission of Non-
Display Use Declarations.
    The Exchange proposes to establish a Non-Display Declaration Late
Fee of $1,000 per month. The proposed fee would be charged to any data
recipient that pays an Access Fee for NYSE ArcaBook for Amex Options or
NYSE ArcaBook for Amex Options--Complex that has failed to timely
complete and submit a Non-Display Use Declaration.
    With respect to the Non-Display Use Declaration that was due by
September 1, 2014, the Non-Display Declaration Late Fee would apply to
NYSE Amex Options market data recipients that have not submitted the
Non-Display Use Declaration by June 30, 2015, and would apply beginning
July 1, 2015 and for each month thereafter until the data recipient has
completed and submitted the Non-Display Use Declaration. With respect
to the annual Non-Display Use Declaration due by January 31st of each
year beginning in 2016, the Non-Display Declaration Late Fee would
apply to data recipients that fail to complete and submit the annual
Non-Display Use Declaration by the January 31st due date, and would
apply beginning February 1st and for each month thereafter until the
data recipient has completed and submitted the annual Non-Display Use
Declaration. A Non-Display Use Declaration that is clearly incomplete
would not be considered to have been completed and submitted to the
Exchange on time.
    In addition to adding the Non-Display Declaration Late Fee for NYSE
Amex Options market data to the Fee Schedule, the Exchange proposes to
add an endnote to the Fee Schedule that would specify the effective
dates for the Non-Display Declaration Late Fee as described above, and
to change the numbering for the existing endnotes as needed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and
Sections 6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it
provides an equitable allocation of reasonable fees among users and
recipients of the data and is not designed to permit unfair
discrimination among customers, issuers, and brokers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4), (5).
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    The Exchange believes that it is reasonable to impose a late fee in
connection with the submission of the Non-Display Use Declaration. In
order to correctly assess fees for the non-display use of NYSE Amex
Options market data, the Exchange needs to have current and accurate
information about the use of NYSE Amex Options market data. The failure
of data recipients to submit the Non-Display Use Declaration on time
leads to potentially incorrect

billing and administrative burdens, including tracking and obtaining
late Non-Display Use Declarations and correcting and following up on
payments owed in connection with late Non-Display Use Declarations. The
purpose of the late fee is to incent data recipients to submit the Non-
Display Use Declaration promptly to avoid the administrative burdens
associated with the late submission of Non-Display Use Declarations.
The Non-Display Declaration Late Fee is equitable and not unfairly
discriminatory because it will apply to all data recipients that choose
to subscribe to the NYSE Amex Options market data feeds.
    The Non-Display Declaration Late Fee is also consistent with
similar pricing adopted in 2013 by the Consolidated Tape Association
(``CTA'').\9\ The CTA imposes a monthly fee of $2,500 for each of
Network A and Network B for firms that fail to comply with their
reporting obligations in a timely manner.
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    \9\ See Securities Exchange Act Release No. 70010 (July 19,
2013), 78 FR 44984 (July 25, 2013) (SR-CTA/CQ-2013-04).
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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 that is not necessary or appropriate
in furtherance of the purposes of the Act. An exchange's ability to
price its proprietary market data feed products is constrained by
actual competition for the sale of proprietary market data products,
the joint product nature of exchange platforms, and the existence of
alternatives to the Exchange's proprietary data. In addition to being
able to choose which proprietary data products (if any) to use and how
to use them, a user can avoid the late fees that are the subject of
this filing entirely by simply complying with the requisite deadlines.
    In setting the proposed fees, the Exchange considered the
competitiveness of the market for proprietary data and all of the
implications of that competition. The Exchange believes that it has
considered all relevant factors and has not considered irrelevant
factors in order to establish fair, reasonable, and not unreasonably
discriminatory fees and an equitable allocation of fees among all
users. The existence of fierce competition to sell proprietary data
products and for order flow, as well as numerous alternatives to the
Exchange's products, including proprietary data from other sources,
ensures that the Exchange cannot set unreasonable fees, or fees that
are unreasonably discriminatory, when vendors and subscribers can elect
these alternatives or choose not to purchase a specific proprietary
data product if the attendant fees are not justified by the returns
that any particular vendor or data recipient would achieve through the
purchase (the returns on use being a particularly important aspect of
non-display uses of proprietary data).

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEMKT-2015-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-37. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEMKT-2015-37 and should be submitted on or before
June 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-11274 Filed 5-8-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20837-20839]
[FR Doc No: 2014-08303]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0230; Directorate Identifier 2013-NM-242-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A300-600 series airplanes. This proposed AD was
prompted by reports of cracking found in the pylon box, which was due
to the stresses resulting from the pressure applied by the engines'
thrust reverser cowl bumpers. This proposed AD would require repetitive
high frequency eddy current (HFEC) inspections for cracking, and
replacement of all fittings if necessary. Replacement of all fittings
would terminate the repetitive HFEC inspections. We are proposing this
AD to detect and correct cracks of the pylon rib 5, which could result
in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by May 29, 2014.

ADDRESSES: You may send comments by any of the following methods:
     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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0230; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments

to an address listed under the ADDRESSES section. Include ``Docket No.
FAA-2014-0230; Directorate Identifier 2013-NM-242-AD'' at the beginning
of your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this
proposed AD. We will consider all comments received by the closing date
and may amend this proposed AD based on 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 about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0286, dated December 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Cracks were found on the lower side of rib 5 in the pylon box on
A300 aeroplanes powered with General Electric engines.
    Investigations revealed that these cracks were due to the
stresses resulting from the pressure applied by the thrust reverser
cowl bumpers.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
    Airbus developed an inspection programme to detect the cracks
and associated actions to correct them.
    For the reasons described above, this [EASA] AD requires
repetitive [HFEC] inspections of the pylon rib 5 on the left hand
side (LH) and right hand (RH) side and, when cracks are detected,
replacement of the affected structural part(s) [Replacement of all
fittings would terminate the repetitive HFEC inspections.]

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0230.

Relevant Service Information

    Airbus has issued the following service bulletins. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
     Airbus Service Bulletin A300-54-6031, dated May 30, 1996.
     Airbus Mandatory Service Bulletin A300-54-6034, Revision
02, dated August 26, 2013.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This Proposed AD and the MCAI or Service
Information

    While paragraph (2) of EASA AD 2013-0286, dated December 4, 2013,
gives a compliance time of within 250 flight hours to replace fittings,
this AD requires replacement of those fitting before further flight.

Costs of Compliance

    We estimate that this proposed AD affects 129 airplanes of U.S.
registry.
    We also estimate that it would take about 9 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $98,685 or $765 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 32 work-hours and require parts costing $2,450, for a cost
of $5,170 per product. We have no way of determining the number of
aircraft that might need this action.

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 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 this 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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

0
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]

0
2. Amend Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2014-0230; Directorate Identifier 2013-NM-
242-AD.

(a) Comments Due Date

    We must receive comments by May 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, B4-
622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
airplanes, certificated in any category, all manufacturer serial
numbers, except those on which Airbus Modification 11110 has been
embodied in production, or that have been modified in service as
specified in Airbus Service Bulletin A300-54-6031, dated May 30,
1996.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Reason

    This AD was prompted by reports of cracking found in the pylon
box, which was due to the stresses resulting from the pressure
applied by the thrust reverser cowl bumpers. We are issuing this AD
to detect and correct cracks of the pylon rib 5, which could result
in reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Replacement

    (1) Before the accumulation of 15,000 total flight hours since
the airplane's first flight, or within 6,000 flight hours after the
effective date of this AD, whichever occurs later, do a high
frequency eddy current (HFEC) inspection for cracking on the lower
area of rib 5 on the left-hand and right-hand side pylons, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A300-54-6034, Revision 02, dated August 26, 2013.
Repeat the inspection thereafter at intervals not to exceed 15,000
flight hours.
    (2) If any crack is found during any inspection required by
paragraph (g)(1) of this AD, before further flight, replace all the
fittings with new standard fittings, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-54-6031,
dated May 30, 1996.

(h) Terminating Action

    Replacement of all fittings as required by paragraph (g)(2) of
this AD, or modification of pylons in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-54-6031,
dated May 30, 1996, terminates the repetitive HFEC inspections
required by paragraph (g)(1) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the inspections required by
paragraph (g)(1) of this AD, if those actions were performed before
the effective date of this AD using Airbus Service Bulletin A300-54-
6034, Revision 01, dated September 14, 1999, which is not
incorporated by reference in this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval). You are required to ensure the
product is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0286, dated December 4, 2013, for related information. This MCAI may
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0230.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 1, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-08303 Filed 4-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1537-1538]
[FR Doc No: 2018-00397]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0032; Airspace Docket No. 17-AEA-1]

Amendment of Class D Airspace and Revocation of Class E Airspace;
Fort Eustis, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E airspace designated as an
extension at Fort Eustis, VA, as the Felker non-directional beacon
(NDB) has been decommissioned, and the approaches cancelled at Felker
Army Airfield, (AAF). This action also updates the airport's geographic
coordinates under Class D airspace.

DATES: Effective 0901 UTC, March 29, 2018. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

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
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 removes Class E airspace designated as an extension, and amends
Class D airspace at Felker AAF, Fort Eustis, VA, to support IFR
operations under standard instrument approach procedures at the
airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register (82 FR 16952, April 7, 2017) for Docket No. FAA-2017-
0032. The NPRM proposed to amend Class E airspace designated as an
extension at Felker AAF, Fort Eustis, VA, due to the decommissioning of
the Felker NDB and cancellation of the NDB approach. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    This action also makes an editorial change to the Class D airspace
legal description removing the words ``(formerly the Airport/Facility
Directory)''. Except for this change, the rule is the same as published
in the NPRM.

    Class D and E airspace designations are published in paragraph
5000, and 6005, respectively, of FAA Order 7400.11B dated August 3,
2017, and effective September 15, 2017, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by removing Class E airspace designated as an extension to a
Class D surface area at Felker Army Airfield, Fort Eustis, VA, due to
the decommissioning of the Felker NDB and cancellation of the NDB
approach, and for continued safety and management of IFR operations at
the airport. The geographic coordinates of the airport are adjusted
under Class D to coincide with the FAA's aeronautical database.
    Additionally, this action removes the words ``(formerly the
Airport/Facility Directory)'' from the Class D airspace legal
description.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (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.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, effective September 15, 2017, is amended
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA VA D Fort Eustis, VA [Amended]

Felker Army Airfield, Fort Eustis, VA
    (Lat. 37[deg]07'57'' N, long. 76[deg]36'32'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.4-mile radius of Felker Army Airfield,
excluding the portion that coincides with the Newport News, VA,
Class D airspace area. This Class D airspace area is effective
during specific dates and times established in advance by a Notice
to Airmen. The effective dates and times will thereafter be
published continuously in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

AEA VA E4 Fort Eustis, VA [Removed]

    Issued in College Park, Georgia, on January 4, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-00397 Filed 1-11-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Notices]
[Pages 7368-7370]
[FR Doc No: 2016-02746]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1559]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with title
44, part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes,

the currently effective community number is shown in the table below
and must be used for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The flood hazard
determination information may be changed during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

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

    Dated: January 22, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and case       officer of         Community map        letter of map        Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois:
    DuPage......................  City of Chicago (15- The Honorable Rahm  Department of       http://                Feb. 5, 2016.........       170074
                                   05-1012P).           Emanuel, Mayor,     Buildings,          www.msc.fema.gov/
                                                        City of Chicago,    Stormwater          lomc.
                                                        Chicago City        Management, 121
                                                        Hall, Room 406,     N. LaSalle
                                                        121 North LaSalle   Street, Room 906,
                                                        Street, Chicago,    Chicago, IL 60602.
                                                        IL 60602.
    DuPage......................  Village of           The Honorable       Village Hall, 12    http://                Feb. 5, 2016.........       170200
                                   Bensenville (15-05-  Frank Soto,         South Center        www.msc.fema.gov/
                                   1012P).              Village             Street,             lomc.
                                                        President,          Bensenville, IL
                                                        Village of          60106.
                                                        Bensenville, 12
                                                        South Center
                                                        Street,
                                                        Bensenville, IL
                                                        60106.
    DuPage......................  Village of Elk       The Honorable       Engineering and     http://                Feb. 5, 2016.........       170088
                                   Grove Village (15-   Craig B. Johnson,   Community           www.msc.fema.gov/
                                   05-1012P).           Mayor, Village of   Development         lomc.
                                                        Elk Grove           Department, 901
                                                        Village, 901        Wellington
                                                        Wellington          Avenue, Elk Grove
                                                        Avenue, Elk Grove   Village, IL 60007.
                                                        Village, IL 60007.
Indiana:
    Monroe......................  City of Bloomington  The Honorable Mark  401 North Morton    http://                Feb. 11, 2016........       180169
                                   (15-05-2536P).       Kruzan, Mayor,      Street, Suite       www.msc.fema.gov/
                                                        City of             210, c/o Clerk,     lomc.
                                                        Bloomington, 401    City of
                                                        North Morton        Bloomington
                                                        Street, Suite       Regina Moore,
                                                        210, Bloomington,   Bloomington, IN
                                                        IN 47404.           47404.
    Monroe......................  Unincorporated       The Honorable       100 West Kirkwood   http://                Feb. 11, 2016........       180444
                                   areas of Monroe      Julie Thomas,       Avenue, County      www.msc.fema.gov/
                                   County (15-05-       President, Monroe   Courthouse, Room    lomc.
                                   2536P).              County              306, Bloomington,
                                                        Commissioners,      IN 47404.
                                                        100 West Kirkwood
                                                        Avenue,
                                                        Courthouse, 3rd
                                                        Floor,
                                                        Bloomington, IN
                                                        47404.
Minnesota:

    Dakota......................  City of Lakeville    The Honorable Matt  City Hall, 20195    http://                Feb. 4, 2016.........       270107
                                   (15-05-2198P).       Little, Mayor,      Holyoke Avenue,     www.msc.fema.gov/
                                                        City of             Lakeville, MN       lomc.
                                                        Lakeville, 20195    55044.
                                                        Holyoke Avenue,
                                                        Lakeville, MN
                                                        55044.
    Norman......................  City of Ada (15-05-  The Honorable Jim   404 West Main       http://                Feb. 17, 2016........       270323
                                   5324P).              Ellefson, Mayor,    Street, Ada, MN     www.msc.fema.gov/
                                                        City of Ada, 15     56510.              lomc.
                                                        East 4th Avenue,
                                                        Ada, MN 56510.
    Norman......................  Unincorporated       Ms. Lee Ann Hall,   16 3rd Avenue       http://                Feb. 17, 2016........       270322
                                   areas of Norman      Commissioner,       East, Ada, MN       www.msc.fema.gov/
                                   County (15-05-       Norman County, 16   56510.              lomc.
                                   5324P).              3rd Avenue East,
                                                        Ada, MN 56510.
Missouri:
    Cass........................  City of Belton (15-  The Honorable Jeff  Belton City Hall    http://                Feb. 5, 2016.........       290062
                                   07-1479P).           Davis, Mayor,       Annex, 520 Main     www.msc.fema.gov/
                                                        City of Belton,     Street, Belton,     lomc.
                                                        411 Westover        MO 64012.
                                                        Court, Belton, MO
                                                        64012.
    Howell......................  City of Willow       The Honorable Kim   900 West Main       http://                Feb. 17, 2016........       290167
                                   Springs (15-07-      Wehmer, Mayor,      Street, Willow      www.msc.fema.gov/
                                   2193P).              City of Willow      Springs, MO 65793.  lomc.
                                                        Springs, 900 West
                                                        Main Street, P.O.
                                                        Box 190, Willow
                                                        Springs, MO 65793.
Ohio:
    Franklin....................  City of Dublin (15-  The Honorable       Dublin Engineering  http://                Feb. 5, 2016.........       390673
                                   05-5393P).           Michael Keenan,     Building, 5800      www.msc.fema.gov/
                                                        Mayor, City of      Shier-Rings Road,   lomc.
                                                        Dublin, 5200        Dublin, OH 43017.
                                                        Emerald Parkway,
                                                        Dublin, OH 43017.
    Franklin....................  City of Grove City   The Honorable       City Hall, 4035     http://                Feb. 23, 2016........       390173
                                   (15-05-7153P).       Richard I. Stage,   Broadway, Grove     www.msc.fema.gov/
                                                        Mayor, City of      City, OH 43123.     lomc.
                                                        Grove City, City
                                                        Hall, 4035
                                                        Broadway, Grove
                                                        City, OH 43123.
Tennessee: Sevier...............  City of Sevierville  The Honorable       120 Gary Wade       http://                Feb. 16, 2016........       475444
                                   (15-04-2363P).       Bryan C. Atchley,   Boulevard,          www.msc.fema.gov/
                                                        Mayor, City of      Sevierville, TN     lomc.
                                                        Sevierville, 120    37862.
                                                        Gary Wade
                                                        Boulevard, P.O.
                                                        Box 5500,
                                                        Sevierville, TN
                                                        37864.
Wisconsin:
    Dane........................  City of Sun Prairie  The Honorable Paul  300 East Main       http://                Feb. 12, 2016........       550573
                                   (15-05-4807P).       T. Esser, Mayor,    Street, Sun         www.msc.fema.gov/
                                                        City of Sun         Prairie, WI 53590.  lomc.
                                                        Prairie, 300 East
                                                        Main Street, 2nd
                                                        Floor, Sun
                                                        Prairie, WI 53590.
    Dane........................  Unincorporated       Mr. Joe Parisi,     210 Martin Luther   http://                Feb. 12, 2016........       550077
                                   areas of Dane        Dane County         King Jr.            www.msc.fema.gov/
                                   County (15-05-       Executive, City     Boulevard, City     lomc.
                                   4807P).              County Building,    County Building,
                                                        Room 421, 210       Room 116,
                                                        Martin Luther       Madison, WI 53703.
                                                        King Jr.
                                                        Boulevard,
                                                        Madison, WI 53703.
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[FR Doc. 2016-02746 Filed 2-10-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4624-4626]
[FR Doc No: 2016-01659]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0849; FRL-9941-48]

Receipt of Application for Emergency Exemptions for
Oxytetracycline and Streptomycin; Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a request from the Florida Department of
Agriculture and Consumer Services for specific exemptions to use the
pesticides oxytetracycline calcium (CAS No. 7179-50-2), oxytetracycline
hydrochloride (CAS No. 2058-46-0), and streptomycin sulfate (CAS No.
3810-74-0) to treat up to 388,534 acres of citrus to control Candidatus
Liberibacter asiaticus the bacteria which causes Huanglongbing (HLB),
also referred to as citrus greening disease. Because the applicant
proposes use of pesticides which are also used as human and animal
antibiotic drugs, EPA is soliciting public comment before making
decisions whether or not to grant the exemptions.

DATES: Comments must be received on or before February 11, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0849, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the EPA Administrator determines that emergency
conditions exist which require the exemption. The Florida Department of
Agriculture and Consumer Services has requested the EPA Administrator
to issue specific exemptions for the uses of oxytetracycline calcium,
oxytetracycline hydrochloride, and streptomycin sulfate on citrus to
control Candidatus Liberibacter asiaticus, the bacteria which causes
HLB, also referred to as citrus greening disease. Information in
accordance with 40 CFR part 166 was submitted as part of the requests.
    As part of the requests, the applicant states that Florida's citrus
production will be seriously jeopardized if HLB cannot be adequately
controlled. The disease has been known in China for more than 100
years, and is considered to be the most serious disease of citrus
worldwide, affecting all citrus species and their hybrids. Since the
discovery of HLB in Florida in 2005, it has rapidly spread to all 34
commercial production areas in the state, and the applicant claims that
the severity of HLB far exceeds that of any previously known citrus
disease. HLB causes decreases in fruit yield and quality, and infected
trees decline and eventually die, even when producers incorporate all
management options currently available. Thus far, efforts to control
the disease have focused on removal of diseased trees, nutritional
support, and rigorous efforts to control the Asian citrus psyllid (the
vector of the HLB bacteria). However, research over the past several
years on use of agricultural antimicrobial agents has shown promise for
suppressing the disease and improving tree health. The applicant is now
requesting use of three antimicrobials, oxytetracycline calcium,
oxytetracycline hydrochloride, and streptomycin sulfate, and indicates
that the recent research suggests that multiple bactericide
applications will be necessary to improve tree health and suppress the
effects of HLB disease year-long on infected citrus trees. The HLB
disease has caused significant economic losses as well as losses of
jobs related to citrus production. The applicant states that millions
of trees have been lost in both commercial and residential citrus, and
the long-term viability of Florida's citrus production is threatened if
the disease cannot be effectively managed.
    The proposed application method for all three materials is foliar
spray using ground application equipment. The applicant proposes to
make up to three applications of streptomycin sulfate at a rate of 0.45
lb. per acre on up to 388,534 acres of citrus, for a maximum use of
520,540 lbs. of streptomycin sulfate. The applicant also proposes up to
eight applications of oxytetracycline calcium at a rate of 0.255 lb.
per acre on up to

388,534 acres of citrus for a maximum of 762,309 lbs. Additionally, the
applicant proposes up to three applications of oxytetracycline
hydrochloride at a rate of 0.27 lb. per acre on up to 388,534 acres of
citrus, for a maximum use of 314,712 lbs. Applications are proposed
statewide in citrus production areas.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing FIFRA section 18 allow
publication of a notice of receipt of an application for a specific
exemption if the Administrator determines that publication of a notice
of receipt is appropriate. The application proposes use of three
pesticides which are also used as human and animal antibiotic drugs,
and therefore this notice provides an opportunity for public comment on
the application.
    The Agency will review and consider all comments received during
the comment period in determining whether to issue the specific
exemptions requested by the Florida Department of Agriculture and
Consumer Services.

    Authority: 7 U.S.C. 136 et seq.

    Dated: January 15, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-01659 Filed 1-26-16; 8:45 am]
 BILLING CODE 6560-50-P