[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Proposed Rules]
[Pages 34910-34911]
[FR Doc No: 2017-14943]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-1042; FRL-9964-88-OAR]
RIN 2060-AT58

National Emission Standards for Hazardous Air Pollutants for Wool
Fiberglass Manufacturing; Flame Attenuation Lines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the national emission standards for hazardous air pollutants for
flame attenuation (FA) lines in the wool fiberglass manufacturing
industry. In the ``Rules and Regulations'' section of this Federal
Register, we are publishing a direct final rule, without a prior
proposed rule, that revises the compliance dates for FA lines. This
direct final rule provides an additional year for affected sources to
comply with the emission limits for FA lines. The EPA can give sources
up to 3 years to comply with emission limits in the Clean Air Act (CAA)
standards. FA lines initially were given 2 years to comply with the
emission limits, and we are extending that compliance date to the
maximum of 3 years while we conduct our review. This compliance date
extension will enable the EPA to conduct a review of the emission
limits for FA lines in light of recently submitted corrected source
emissions data. If we receive no adverse comment, we will not take
further action on this proposed rule.

DATES: The EPA must receive written comments on or before August 28,
2017.
    Public Hearing. If requested by August 3, 2017, the EPA will hold a
public hearing to accept oral comments on this proposed action. To
request a hearing, to register to speak at a hearing, or to inquire if
a hearing will be held, please contact Aimee St. Clair at (919) 541-
1063 or by email at<EMAIL_ADDRESS>EPA will publish a document
in the Federal Register announcing the date and location if a public
hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-1042, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or withdrawn. The EPA may publish any comment received to its

public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and
Programs Division (D243-04), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is the EPA issuing this proposed rule?

    This document proposes to take action on amendments to the National
Emission Standards for Hazardous Pollutants for Wool Fiberglass
Manufacturing. We have published a direct final rule to amend 40 CFR
part 63, subpart NNN by revising the compliance dates for FA lines in
the ``Rules and Regulations'' section of this Federal Register because
we view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment on a distinct
portion of the direct final rule, we will withdraw that portion of the
rule and it will not take effect. In this instance, we would address
all public comments in any subsequent final rule based on this proposed
rule. In any subsequent final rule, the EPA intends to examine whether
there is ``good cause,'' under 5 U.S.C. 553(d)(3), to designate the
publication date of the final rule (based on the parallel proposal) as
the effective date for implementation of the final rule.
    If we receive adverse comment on a distinct provision of the direct
final rule, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out in the direct
final rule, notwithstanding adverse comment on any other provision. We
do not intend to institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
    The regulatory text for this proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register. For further supplementary information, the
detailed rationale for this proposal, and the regulatory revisions, see
the direct final rule published in the ``Rules and Regulations''
section of this Federal Register.

II. Does this action apply to me?

    Categories and entities potentially regulated by this proposed rule
include:

------------------------------------------------------------------------
                                                              NAICS code
                          Category                                \1\
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Wool fiberglass manufacturing facilities....................     327993
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed rule. To determine whether your facility is affected, you
should examine the applicability criteria in 40 CFR 63.1380. If you
have any questions regarding the applicability of any aspect of this
action to a particular entity, consult either the air permitting
authority for the entity or your EPA Regional representative as listed
in 40 CFR 63.13.

III. Statutory and Executive Orders

    For a complete discussion of the administrative requirements
applicable to this action, see the direct final rule in the ``Rules and
Regulations'' section of this Federal Register.

    Dated: July 6, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-14943 Filed 7-26-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Page 24197]
[FR Doc No: 2012-9661]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Announcing Preliminary Permit Drawing

Mississippi 8 Hydro, LLC..........  Project No. 13010-002.
FFP Project 98, LLC...............  Project No. 14272-000.

    The Commission has received two preliminary permit applications
deemed filed on September 1, 2011, at 8:30 a.m.,\1\ for proposed
projects to be located at the U.S. Army Corps of Engineers' Mississippi
River Lock and Dam No. 8 on the Mississippi River, in Houston County,
Minnesota, and Vernon County, Wisconsin. The applications were filed by
Mississippi 8 Hydro, LLC for Project No. 13010 and FFP Project 98, LLC
for Project No. 14272.
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    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR
385.2001(a)(2)(2011).
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    On April 23, 2012, at 1 p.m. (Eastern Time), the Secretary of the
Commission, or her designee, will conduct a random drawing to determine
the filing priority of the applicants identified in this notice. The
Commission will select among competing permit applications as provided
in section 4.37 of its regulations.\2\ The priority established by this
drawing will be used to determine which applicant, among those with
identical filing times, will be considered to have the first-filed
application.
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    \2\ 18 CFR 4.37 (2011).
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    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First Street NE., Washington,
DC 20426. The Secretary will issue a subsequent notice announcing the
results of the drawing.

    Dated: April 16, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-9661 Filed 4-20-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72737-72740]
[FR Doc No: 2013-28846]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70946; File No. SR-NSCC-2013-12]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Proposed Rule Change To Provide Its
Members With a Risk Management Tool That Would Enable Members To
Monitor Trading Activity and Receive Notifications When Pre-Set Trading
Limits are Reached

November 26, 2013.
    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 November 15, 2013, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Item I, II and
III below, which Items have been prepared primarily by NSCC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consist of amendments to the Rules &
Procedures (``Rules'') of NSCC to provide NSCC Members with a risk
management tool that would allow those Members to monitor trading
activity and would deliver to them notifications when pre-set trading
limits are reached, as more fully described below.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
Introduction
    In connection with recent industry-wide efforts to develop tools
and strategies to mitigate and address the risks associated with the
increasingly complex, interconnected, and automated market
technology,\3\ NSCC has developed a risk management tool, called ``DTCC
Limit Monitoring,'' that would provide its Members with post-trade
surveillance.\4\ The proposed DTCC Limit Monitoring would provide
NSCC's Members with a tool to monitor the intraday clearing activity of
their own trading desks and the intraday clearing activity for their
correspondents and clients. The tool would send out alerts to those
Members when pre-set trading limits with respect to this clearing
activity is being approached and is reached, allowing them to monitor
exposure of this trading activity, and providing them with notice when
there is an unusual or unexpected spike in trading activity that could
indicate a trading error, or that a customer is trading outside the
limits set by its clearing firm.
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    \3\ While other market participants may be developing additional
risk management tools in connection with these recent industry-wide
efforts, the proposed DTCC Limit Monitoring would be separate from
and would operate completely independently from any such tools.
    \4\ For the purposes of this proposed rule change, ``post-
trade'' refers to the period in a transaction life cycle after it
has been submitted to NSCC for clearing and settlement.
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DTCC Limit Monitoring Proposal Overview
    Pursuant to this filing, NSCC proposes to amend its Rules to create
DTCC Limit Monitoring, a risk management tool that would enable Members
to monitor both their own intraday trading activity and the intraday
trading activity of their correspondents and/or clients. DTCC Limit
Monitoring would be available to all NSCC Members. The effectiveness of
DTCC Limit Monitoring in addressing risk depends on its use by NSCC
Members, particularly those Members that clear for other firms, and
depends on their inclusion of the tool within their broader risk
management strategies. As such, NSCC is proposing to require that the
following NSCC Members register for DTCC Limit Monitoring: (1) any NSCC
full service Member that clears for others; (2) any NSCC full service
Member that submits transactions to NSCC's trade capture system either
as a Qualified Special Representative (``QSR'') or Special
Representative, pursuant to Procedure IV (Special Representative
Service); and (3) any NSCC full service Member that has established a
9A/9B relationship in order to allow another NSCC Member (either a QSR
or Special Representative) to submit locked in [sic] trade data on its
behalf. NSCC Members would incur minimal, if any, cost to implement
DTCC Limit Monitoring. The tool would provide NSCC Members with an
additional method to monitor the post-trade activity of their own
trading desks and the activity of their correspondents and/or clients.
    DTCC Limit Monitoring would provide NSCC Members with: (i) post-
trade data relating to unsettled equity and fixed income securities
trades for a given day that have been compared or recorded through
NSCC's trade capture mechanisms on that day (``LM Trade Date Data''),
and (ii) other information based upon data the participating Member may
itself provide at start of or throughout the day (``LM Member-provided
Data''), as provided in the Rules governing DTCC Limit Monitoring (LM
Trade Date Data and LM Member-provided Data shall collectively be
referred to as ``LM Transaction Data''). Members registered for DTCC
Limit Monitoring would be permitted to input or load trade information
from prior days to the system on their own to supplement their view of
overall risk exposure, and to monitor their trading exposure.

Description of DTCC Limit Monitoring
    Through DTCC Limit Monitoring, NSCC would utilize market
transactions and other information to report post-trade activity to
Members. Members would only receive data related to their own trading
desks and the activity of their correspondents and/or clients. Such
reporting would incorporate transactions (defined above as LM Trade
Date Data) in equity, and municipal and corporate debt securities after
such transactions have: (i) passed through NSCC's edit checks, i.e.,
validated, and not been pended or rejected, and (ii) been recorded or
compared through NSCC's Universal Trade Capture and/or Real-Time Trade
Matching trade capture and comparison systems. In addition, DTCC Limit
Monitoring would allow Members to input or load start of day and/or
intra-day positions (defined above as LM Member-provided Data) so as to
be able to view their organization's (or one or more of their
correspondents' or clients') aggregate open positions in securities
cleared through NSCC.
    Within DTCC Limit Monitoring, Members would be required to create
``Risk Entities,'' as described further below, to track such activity
for their correspondents and clients, as well as their own trading
desks, and define the rules for the aggregation of trade data, set
trading limits on open positions allowable for each Risk Entity, and
receive alerts for the display of breaches or near breaches of the
trading limits. DTCC Limit Monitoring would provide a screen-based view
for individual Members of their trade data residing in DTCC Limit
Monitoring for a given day aggregated and organized according to
trading limits set by the Member. Displays provided to Members would
offer Members the option to view aggregate and net value across markets
and other liquidity destinations, as well as provide them an ability to
see exposure at the CUSIP and individual trade levels. In conformance
with NSCC's Rule 49 (Release of Clearing Data and Clearing Fund Data),
each Member would only be able to view information with respect to its
own clearing account(s).
    DTCC Limit Monitoring would be a reporting tool only and any action
by a Member as a result of any alerts, or other information associated
with the risk management tool would be at the discretion of the Member
and would not, nor imply that any such action was effected, either in
whole or part, by NSCC. Furthermore, alerts that an established trading
limit has been breached would not automatically trigger a block by NSCC
on any activity processed through NSCC's clearance and settlement
systems.
Procedural Considerations of DTCC Limit Monitoring
    A. Establishing and Maintaining Risk Entities and Limits
    As an initial step in utilizing DTCC Limit Monitoring, Members
would establish Risk Entities. These might include the trading activity
of a single desk, a correspondent, a single clearing number within the
Member's NSCC account structure, or the overall firm. Members required
to use DTCC Limit Monitoring would be required to create a Risk Entity
for their own trading desks as well as for all correspondents and
clients for which they clear trades through NSCC. DTCC Limit Monitoring
would provide Members with the ability to create Risk Entities through
the definition and updating of the data structure and relationships for
the entities to which they assign a trading limit at a net notional
value.\5\ These trading limits are also referred to in the proposed
Rules governing DTCC Limit Monitoring as ``parameters.'' The Risk
Entity definitions entered by Members would drive position calculations
and displays in DTCC Limit Monitoring. DTCC Limit Monitoring would
provide Members with a facility to set dollar limits with respect to
each Risk Entity at a net notional level, and it may provide for
additional limits as NSCC determines from time to time.
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    \5\ ``Net notional'' means the sum of the absolute value of
exposure for each ticker security symbol. For example, a firm that
is net long in Company X for $50,000 and net short position in
Company Z for $100,000 has $150,000 in net notional exposure.
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    Members would be required to review reports and alerts on an on-
going basis and, as necessary, modify established trading limits to
reflect current trading activities within each of their Risk Entities.
Changes made by Members with respect to established trading limits
would be made in real time. All other updates and changes made by
Members to their Risk Entities would take effect overnight. While
Members would ultimately be responsible for ensuring that the trading
limits set on trading activity are appropriate, NSCC staff would be
able to review trade activity reports and alerts, and, at its
discretion, may contact Members to discuss any concerns, for example if
the established trading limits are not aligned with recent average
trading activity. Members would be required to identify contacts within
their firms for these purposes.
    B. Limit Monitoring Function
    DTCC Limit Monitoring would aggregate and make available position
information for purposes of the Member's limit monitoring. The
aggregate data would be the sum of: (a) LM Member-provided data, and
(b) LM Trade Date Data, with the aggregated data referred to in the
Rules as LM Transaction Data. Under the proposal, LM Trade Date Data,
LM Member-provided Data, and other relevant data would be aggregated
and sorted, and the data would then be displayed to the Member.
    The totals would be compared to the trading limits set by the
Members and the Members would be alerted to breaches based upon these
limits. NSCC would set ``early warning'' limits at 50%, 75%, and 90% of
the trading limits set by Members for each Risk Entity. Members may
elect to receive early warning and breach alerts through on-screen
interface within the DTCC Limit Monitoring, an email alert, and/or an
automated electronic message. DTCC Limit Monitoring would also provide
updated information when the alert is resolved (i.e., when the Risk
Entity is within the relevant limit, for example, as a result of an
offsetting transaction reducing the position or the Member raises the
limit for a Risk Entity). Information such as alert history, Members'
Risk Entity definitions, end of day positions, and other data as NSCC
provides from time to time would be supplied to Members in reports
delivered both daily, in an end-of-day report, and monthly. Members
would be required to identify primary and secondary contacts within
their firm to receive alerts and these reports.
    C. No Effect on Trade Guaranty and Other Considerations
    The proposed rule change would provide that any reports and data
supplied to Members through DTCC Limit Monitoring are not intended to
impact the timing or status of NSCC's guaranty of any transaction in
CNS or Balance Order Securities. In addition, the issuance of
information or data through DTCC Limit Monitoring to Members, or lack
thereof, would not of itself indicate or have any bearing on the status
of any trade, including but not limited to, as compared, locked-in,
validated, guaranteed, or not guaranteed.
    D. Limitation of Liability
    DTCC Limit Monitoring would provide Members with a risk management
tool in which they can review and monitor trade activity in a manner
they select, and providing Members with the ability to populate the
system by inputting or loading positions, defining Risk Entities and
setting related limits, and receiving alerts and position data of their

choosing, for example. Accordingly, since NSCC would not be the
originator of information made available through DTCC Limit Monitoring,
the proposed Rule [sic] would provide that NSCC is not responsible for
the completeness or accuracy of LM Trade Date Data or other information
or data which it receives from Members or third parties and which is
utilized in DTCC Limit Monitoring or received and compared or recorded
by NSCC, nor for any errors, omissions, or delays which may occur in
the transmission of such data or information. In addition, not all
transactions are submitted to NSCC on a real-time basis, thus NSCC can
only provide Members using DTCC Limit Monitoring with LM Trade Date
Data as it is compared or recorded. Accordingly, Members should be
aware that such LM Trade Date Data may not be complete.
    E. Indemnification
    Since each Member may use the information in DTCC Limit Monitoring
for purposes of its own discretion, the proposed rule change would
provide that any Member that registers for DTCC Limit Monitoring shall
indemnify NSCC, and any of its employees, officers, directors,
shareholders, agents, and participants who may sustain any loss,
liability, or expense as a result of a third party claim related to any
act or omission of the Member made in reliance upon data or information
transmitted by NSCC to the Member through DTCC Limit Monitoring.
Implementation Timeframe
    Following regulatory approval, NSCC would implement the changes set
forth in this filing on a date no earlier than ten (10) days following
notice to Members through issuance of an NSCC Important Notice.
Proposed Rule Changes
    NSCC proposes to create a new Rule 54 (DTCC Limit Monitoring) and
Procedure XVII (DTCC Limit Monitoring) to reflect the proposed rule
changes described above. The proposed rule change would also amend Rule
58 (Limitations of Liability) to reflect the limitation of liability
provision described above. In addition, Rule 1 (Definitions) would be
updated to include definitions for LM Trade Date Data, LM Member-
provided Data, and LM Transaction Data.
2. Statutory Basis
    The proposed DTCC Limit Monitoring will facilitate the prompt and
accurate clearance and settlement of securities transactions by
providing NSCC's Members with a mechanism to monitor post-trade
activity on an intra-day basis and thereby allow for enhanced risk
management by those Members. Therefore, NSCC believes the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to NSCC, in particular Section
17A(b)(3)(F) of the Act,\6\ which requires that NSCC's Rules be
designed to promote the prompt and accurate clearance and settlement of
securities transactions and, in general, to protect investors and the
public interest.
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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(B) Clearing Agency's Statement on Burden on Competition

    As stated above, the proposed DTCC Limit Monitoring would provide
Members with a mechanism with which to monitor post-trade activity on
an intra-day basis and, thereby, allow for enhanced risk management by
those Members. NSCC believes that the effectiveness of DTCC Limit
Monitoring in addressing risk depends on its use by NSCC Members,
particularly those Members that clear for other firms, and depends on
their inclusion of the tool within their broader risk management
strategies. Approximately 85% of NSCC's Members would be required to
use DTCC Limit Monitoring under the proposed rule change. NSCC Members
would incur minimal, if any, cost in implementing DTCC Limit
Monitoring. Therefore, NSCC does not believe that the proposed rule
change would impose any burden on competition.
    Furthermore, because NSCC believes that any impact DTCC Limit
Monitoring has in addressing risk would facilitate the prompt and
accurate clearance and settlement of securities transactions and
protect investors and the public interest, in furtherance of the
requirements of the Act applicable to NSCC, any burden on competition
the proposed rule change is perceived as imposing would be both
necessary and appropriate in furtherance of the purposes of the Act, in
particular Section 17A(b)(3)(F) of the Act, cited above.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received from Members, Participants, or Others

    Written comments relating to the proposed rule change have not yet
been solicited or received. NSCC will notify the Commission of any
written comments received by NSCC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:

(A) by order approve or disapprove such a proposed rule change, or

(B) institute proceedings to determine whether the proposed rule change
should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2013-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2013-12. 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 also will be available
for inspection and copying at the principal office of NSCC and on
NSCC's Web site (http://dtcc.com/legal/rule_filings/nscc/2013.php).
    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-NSCC-2013-12
and should be submitted on or before December 24, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28846 Filed 12-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19213-19214]
[FR Doc No: E9-9609]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-135-000]

Equitrans, L.P.; Notice of Application

April 21, 2009.
    Take notice that on April 9, 2009, Equitrans, L.P. (Equitrans), 225
North Shore Drive, Pittsburgh, PA 15212, filed in the above referenced
docket an abbreviated application pursuant to section 7(b) of the
Natural Gas Act (NGA), for an order approving the abandonment of
certain equipment at Equitrans' Rogersville Compressor Station located
in Rogersville, Greene County, Pennsylvania, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. The filing is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site Web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or
TTY,<PHONE_NUMBER>.
    Specifically, Equitrans requests authority to abandon the
compressors and the appurtenant buildings and associated piping. The
compressor equipment is no longer required to support Equitrans'
jurisdictional transportation and storage services to its shippers and
is no longer necessary to support Equitrans' integrated operations.
    Any questions concerning this application may be directed to Joseph
M. Dawley, Counsel, Environmental and Regulatory Law, EQT Corporation,
225 North Shore Drive Pittsburgh, PA 15212, phone:<PHONE_NUMBER>, fax:
(412) 553-7781, e-mail<EMAIL_ADDRESS>or Robert F. Christin, Van Ness
Feldman, P.C., 1050 Thomas Jefferson Street, NW., Washington, DC 20007,
phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's rules, 18 CFR157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final

environmental impact statement (FEIS) or EA for this proposal. The
filing of the EA in the Commission's public record for this proceeding
or the issuance of a Notice of Schedule for Environmental Review will
serve to notify federal and state agencies of the timing for the
completion of all necessary reviews, and the subsequent need to
complete all federal authorizations within 90 days of the date of
issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: May 12, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-9609 Filed 4-27-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11175-11177]
[FR Doc No: 2012-4279]

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

[Release No. 34-66413; File No. SR-DTC-2012-01]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Automate the ``Full Call'' Notification Process Relating to Money
Market Instruments and Reduce the Time Frame Within Which Notices Are
Required To Be Submitted

February 16, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ thereunder

notice is hereby given that on February 8, 2012, The Depository Trust
Company (``DTC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared primarily by DTC. DTC
filed the proposed rule change pursuant to Section 19(b)(3)(A) \3\ of
the Act and Rule 19b-4(f)(4) \4\ thereunder so that the proposed rule
change was effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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

    The proposed rule change would automate the ``full call''
notification process relating to Money Market Instruments (``MMIs'')
and would reduce the time frame within which such notices are required
to be submitted to DTC.\5\
---------------------------------------------------------------------------

    \5\ DTC is also making an unrelated change to its settlement
processing schedule for The Options Clearing Corporation (``OCC'')
services in response to a request from OCC.
---------------------------------------------------------------------------

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

    In its filing with the Commission, DTC 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. DTC 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. DTC requires that an issuer or its agent notify DTC in a timely
manner in the event of a full or partial redemption of outstanding debt
securities. Currently, DTC requires that an MMI Issuing/Paying Agent
(``IPA'') send DTC full call information by email to DTC's redemption
processing area no later than the close of business on the business day
before or if possible two business days before the Publication Date,
which except as otherwise noted in DTC's Operational Arrangements
(``OA''), is no fewer than 30 calendar days or more than 60 calendar
days prior to the Redemption Date.
    In April 2011, members of the Securities Industry and Financial
Markets Association Money Market Committee (``SIFMA MMI Committee'')
sent a written request to DTC regarding the ``full call'' notification
process for MMIs.\6\ The SIFMA MMI Committee requested that DTC
reevaluate its procedures regarding notification time frames for
processing certain transactions in MMIs (``Request'').\7\ The financial
services industry, and the money market sector in particular, is
responding to various significant regulatory changes including, the
Basel III capital directives (``Basel III''). In particular, the
industry is concerned that the anticipated implementation of a
Liquidity Coverage Ratio under Basel III will have significant
consequences on the cost of short-term funds for major international
banks and that the commercial paper market will need to adapt to these
changes. DTC was advised that the ability to issue callable commercial
paper with very short notice periods would be beneficial to banks in
managing the new Liquidity Coverage Ratio. The industry has indicated
that affected banks may shift a significant percentage of commercial
paper issuances into a callable format over time.
---------------------------------------------------------------------------

    \6\ The SIFMA MMI Committee includes MMI dealers and IPAs.
    \7\ DTC, in consultation with the industry, agreed that these
process changes for MMIs would only apply to full calls. A partial
call undergoes a different process using a ``lottery'' mechanism
that requires more time for the holders to elect their option and
for operational processing. Given the additional time constraints,
it was agreed that DTC would shorten the window only for full calls.
---------------------------------------------------------------------------

    DTC has reviewed its current processes and has determined that it
is feasible to automate its processes as they relate to the SIFMA MMI
Request. In so doing, DTC would reduce operational risk in the
processing of MMI full call notices and at the same time would support
the Request. In order to facilitate this automation, DTC will create a
function that will provide IPAs with the ability and option to input
MMI full call information directly into DTC's systems through an input
screen in the Settlement Web or through an automated message format.
The announcement information will be available through the existing
Reorg Inquiry for Participants (``RIPS'') function on DTC's Participant
Terminal System (``PTS'') and as an intraday file to which Participants
will be able to subscribe. The information will also be included in end
of day redemption output files. As a result of this automation, DTC
will be able to reduce the notification time frame on full call MMIs so
that effective April 26, 2012, DTC will modify the timing of a full
call announcement so that IPAs have the option to send notification to
DTC up until noon on the day before the maturity date for those IPAs
that use the full call automation input mechanism.
    Additionally, at the request of the Options Clearing Corporation
(``OCC''), DTC is making unrelated updates to its Settlement Service
Guide in order to make changes to certain OCC cutoff times. These two
cutoffs were originally established to allow OCC as Pledgee (as defined
in the DTC rules and procedures) sufficient time to receive and input
Participant release requests to the OCC internal system and then to
create and send approved releases back to DTC. When first introduced,
this was a manual process. In 1997, DTC extended the cutoffs to the
current times to reflect automation in OCC's process.\8\ OCC has now
requested that DTC extend the cutoffs further in order to allow
Participants additional time to process their release requests since
the current process is no longer manual and is instead a ``real-time''
messaging between DTC and OCC. Effective upon the date of this filing,
DTC will extend the OCC cutoffs described above to 6:15 pm.
---------------------------------------------------------------------------

    \8\ See DTC Important Notice B2287 dated December 2,
1997 in which DTC made changes to OCC's cutoffs.
---------------------------------------------------------------------------

    2. The proposed rule change is consistent with the requirements of
the Act, the rules and regulations thereunder, and the CPSS/IOSCO
Recommendations for Securities Settlement Systems applicable to DTC.
The proposed rule changes modify existing DTC services in order to make
the redemption announcement process, as it relates to MMIs, and the
processing of pledge releases through the OCC, more efficient. As such,
these are changes to existing services, which will not adversely affect
the safeguarding of securities and funds in DTC's control or custody
and which will not significantly affect the rights or obligations of
the clearing agency or persons using the service.

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

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    The foregoing rule change was filed pursuant to Section 19(b)(3)(A)
of the Act and paragraph (f)(4) of Rule 19b-4 and therefore, became
effective on filing. At any time within sixty days of the filing of
such 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-DTC-2012-01 on the subject line.

Paper comments

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

All submissions should refer to File Number SR-DTC-2012-01. 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at DTC's principal office and on DTC's Web site
at www.dtc.org. 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-DTC-2012-01 and
should be submitted on or before March 16, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4279 Filed 2-23-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75364-75366]
[FR Doc No: 2023-24191]

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

Federal Aviation Administration

Notice of Availability of Consultation Documents for Public
Comment Under Section 106 of the National Historic Preservation Act

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

ACTION: Notice of availability of consultation documents for public
comment under section 106 of the National Historic Preservation Act.

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

SUMMARY: The FAA, in cooperation with the National Park Service (NPS)
(together the agencies), has initiated development of an Air Tour
Management Plan (ATMP) for Canyon de Chelly National Monument (the
Park) pursuant to the National Parks Air Tour Management Act (NPATMA)
of 2000 and its implementing regulations. The agencies determined that
the development of an ATMP constitutes a Federal undertaking subject to
compliance the National Historic Preservation Act of 1966, as amended
(NHPA). The agencies have initiated the section 106 process with the
Navajo Nation Tribal Historic Preservation Officer, Tribes, and other
consulting parties. This notice announces the opportunity for the
public to comment on the results of the FAA's efforts to identify
historic properties, evaluate the properties' significance, and assess
the undertaking's effects on them. The agencies are seeking public
input on the FAA's efforts to date in identifying consulting parties,
determining the area of potential effects, identifying historic
properties, and assessing the effects of the undertaking on historic
properties within the area of potential effects. The agencies are
providing the description of the undertaking, the consulting party
list, the delineation of the proposed Area of Potential Effects (APE),
the results of the agencies' efforts to identify historic properties
within the APE, the evaluation of their significance, and the agencies'
approach to assessing the undertaking's effects upon the identified
historic properties. Supporting documentation can be found at the
following link: https://parkplanning.nps.gov/CACHATMP.

DATES: Any member of the public is encouraged to provide views on this
project to the agencies. The agencies will accept and consider comments
related to section 106. Comments must be received on or before December
1, 2023, by 11:59 MDT. Comments will be received on the PEPC website.
The Park's website link is https://parkplanning.nps.gov/CACHATMP.
    Before including your address, phone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask in your
comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so.

ADDRESSES: The public is encouraged to provide written comments
regarding the section 106 documents provided in the PEPC website
throughout the comment period.
    Contact: Any request for reasonable accommodation related to
providing comments on the Section 106 documents should be sent to the
person listed on the Park's PEPC website. The U.S. Department of
Transportation and U.S. Department of the Interior are committed to
providing equal access to the meetings for all participants. If you
need alternative formats or services because of a disability, such as
sign language, interpretation, or other ancillary aids, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sandra Fox,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:
    Description of the Undertaking. The undertaking for purposes of
section 106 is implementing an ATMP for the Park. Consistent with the
NPATMA, the proposed ATMP would regulate commercial air tours over the
Park or within \1/2\ mile outside the boundary of the Park, including
over tribal lands within or abutting the Park. A commercial air tour
subject to the ATMP is any flight conducted for compensation or hire in
a powered aircraft where a purpose of the flight is sightseeing over
the Park, or within \1/2\ mile of its boundary, during which the
aircraft flies:
    (1) Below 5,000 feet above ground level (except solely for the
purposes of takeoff or landing, or necessary for safe operation of an
aircraft as determined under the rules and regulations of the FAA
requiring the pilot-in-command to take action to ensure the safe
operation of the aircraft); or
    (2) Less than one mile laterally from any geographic feature within
the Park (unless more than \1/2\ mile outside the Park boundary).
    Overflights that do not meet the definition above of a commercial
air tour are not subject to the NPATMA and are thus outside the scope
of the ATMP.
    The agencies have documented the existing conditions for commercial
air tour operations over the Park. Although there are four air tour
operators with IOA (Interim Operating Authority), only one commercial
air tour operator currently conducts tours over the Park. The operator
currently flies one route west to east over the southern portion of the
park, two routes running east to west and back through the center of
the Park, and two routes entering and exiting through the north portion
of the Park and passing along the center of the Park east to west and
back. Until the ATMP is in place the operators could change routes to
fly over other areas of the Park without notice to the agencies.
Existing routes are depicted in Attachment A in the supporting
documentation. The agencies consider the existing operations for
commercial air tours to be an average of 2017-2019 annual air tours
flown, which is 43 air tours. Based on 2017-2019 data, there was only
one instance in which flights exceeded 1 per day (2 flights on 3/19/
19). A three-year average is used because it reflects the most accurate
and reliable air tour conditions, and accounts for variations across
multiple years. Under existing conditions, commercial air tours over
the Park are conducted using fixed wing aircraft: Cessna 182 and Cessna
T207A. Reported minimum altitudes range from 800 to 1,000 feet (ft.)
above ground level (AGL) \1\ depending on the route. The proposed
undertaking would prohibit commercial air tour operations within the
ATMP planning area. A summary of

the undertaking elements is shown in the table below:
---------------------------------------------------------------------------

    \1\ Altitude expressed in units above ground level is a
measurement of the distance between the ground surface and the
aircraft, whereas altitude expressed in median sea level (MSL)
refers to the altitude of aircraft above sea level, regardless of
the terrain below it. Aircraft flying at a constant MSL altitude
would simultaneously fly at varying AGL altitudes, and vice versa,
assuming uneven terrain is present below the aircraft.

                        Summary of ATMP Elements
------------------------------------------------------------------------

------------------------------------------------------------------------
General Description and Objectives.....  Prohibits air tours within the
                                          ATMP planning area to maximize
                                          achievement of Park management
                                          objectives. Air tours could
                                          continue to fly outside the
                                          ATMP planning area (i.e., at
                                          or above 5,000 feet AGL or
                                          more than \1/2\-mile outside
                                          of the Park's boundary).
Annual/Daily Number of Flights.........  None in ATMP planning area.
Routes.................................  None in ATMP planning area.
Minimum Altitudes......................  Flights over the Park at or
                                          above 5,000 feet AGL could
                                          occur as they are outside the
                                          ATMP planning area. Flights
                                          more than \1/2\-mile outside
                                          the Park boundary could
                                          similarly still occur as they
                                          are also outside the ATMP
                                          planning area.
Time of Day............................  N/A.
Day of Week............................  N/A.
Seasonal...............................  N/A.
Quiet Technology (QT) Incentives.......  N/A.
Annual Meeting, Operator Training and    N/A.
 Education.
Restrictions for Particular Events.....  N/A.
Adaptive Management....................  N/A.
Initial Allocation, Aircraft Type,       N/A.
 Competitive Bidding, and New Entrants.
Monitoring and Enforcement.............  Monitoring would occur to
                                          ensure operators are complying
                                          with the terms and conditions
                                          of the ATMP.
Interim Operating Authority \2\........  Terminates 180 days from the
                                          establishment date of the
                                          ATMP.
------------------------------------------------------------------------

    Delineation of the Proposed APE and Historic Property
Identification. In establishing the proposed APE, the FAA sought to
include areas where any historic property present could be affected by
noise from or sight of commercial air tours that may take place under
the undertaking, including those over the Park or adjacent tribal lands
or those that are reasonably foreseeable. The FAA proposed an APE
comprising the Park plus \1/2\ mile outside the boundary of the Park. A
map of the APE can be found on the Planning, Environment and Public
Comment System (PEPC) website linked below.
---------------------------------------------------------------------------

    \2\ Commercial air tours over the Park are currently conducted
under interim operating authority (IOA) that NPATMA required the FAA
to grant air tour operators. Interim operating authority does not
provide any operating parameters (routes, altitudes, etc.) for
commercial air tours other than an annual limit. Under NPATMA, IOA
for a park terminates by operation of law 180 days after an ATMP is
established for that park.
---------------------------------------------------------------------------

    To identify historic properties within the APE, the FAA coordinated
with Park staff to identify known historic properties located within
the APE. The FAA also coordinated with the Navajo Nation Heritage and
Historic Preservation Department to collect data for previously
identified properties that may be listed in or are eligible for listing
in the National Register of Historic Places (National Register). The
agencies performed an in-person records search at the Navajo Nation
Heritage and Historic Preservation Department on September 13, 2023,
which focused on identifying known Traditional Cultural Properties
(TCPs) within the APE. The agencies have also consulted with other
consulting parties, including Tribes that have an interest in the area,
to identify any historic properties not previously identified in the
APE or additional information on historic properties previously
documented in the APE. A summary of the identified historic properties
and whether they are listed or eligible to be listed on the National
Register can be found on the PEPC website linked below.
    Assessment of Effects. In assessing the effect of the undertaking
on historic properties within the APE, the FAA will take into
consideration that the undertaking does not include land acquisition,
construction, or ground disturbance and will not result in physical
effects to historic properties. The agencies will assess the effects of
the undertaking on a historic property to determine if it alters the
characteristics that qualify the property for eligibility for listing
or inclusion in the National Register. Effects are considered adverse
if they diminish the integrity of a property's elements that contribute
to its significance. The agencies will focus the assessment of effects
on the potential for adverse effects from the introduction of audible
or visual elements that could diminish the integrity of the property's
significant historic features. The FAA is also considering whether air
tours could affect the use of TCPs associated with cultural practices,
customs, or beliefs that continue to be held or practiced today.
    The agencies request that you provide any comments you may have
regarding the undertaking, the historic property identification
efforts, your views regarding the significant characteristics of listed
or eligible properties, and any information you might have that would
help identify additional properties for which setting or feeling is a
characteristic of significance. Your feedback on the potential of the
undertaking to cause adverse effects to the historic properties is also
welcomed.
    This notice affords the public an opportunity to participate in
section 106 activities for the development of an ATMP at Canyon de
Chelly National Monument, including reviewing and providing comments on
the section 106 process to date. The FAA and NPS encourage public
participation and provide information on how to submit comments or
feedback below. Supporting documentation can be found at the following
link: https://parkplanning.nps.gov/CACHATMP.
    The FAA and NPS are issuing this notice pursuant to section
800.2(d) of 36 CFR part 800, Protection of Historic Properties, and
section 106 of 54 U.S.C. Subtitle III, National Historic Preservation
Act. The section 106 implementing regulations at 36 CFR part 800
require FAA, as the lead Federal agency, to identify any properties
within the project area that are listed in or eligible for listing in
the National Register; to assess the effects the undertaking may have
on historic properties; and to seek ways to avoid, minimize, or
mitigate any adverse effects.
    The FAA and the NPS are inviting comments from the public, Federal
and State agencies, Tribes, and other interested parties on the section
106

process for Canyon de Chelly National Monument.
    The FAA and the NPS have determined that the ATMP constitutes a
Federal undertaking subject to compliance with section 106 of the NHPA
and its implementing regulations at 36 CFR part 800. The FAA and the
NPS have consulted with the Tribal Historic Preservation Officer,
federally recognized Tribes, and other interested parties to identify
historic properties and assess the potential effects of the ATMP on
them.
    The proposed APE for this undertaking (36 CFR 800.4(a)(1)) as
defined at 36 CFR 800.16(d) is the geographic area or areas within
which the undertaking may directly or indirectly cause alterations in
the character or use of any historic properties, if any such properties
exist. FAA and NPS approval of the ATMP does not require land
acquisition, construction, or ground disturbance, and the FAA
anticipates no physical effects to historic properties. The FAA is
therefore focusing its assessment on the potential introduction of
visual or audible elements that could diminish the integrity of any
identified significant historic properties.
    The historic property identification effort has focused on
identifying properties for which setting and feeling are
characteristics contributing to a property's National Register
eligibility, as they are the type of historic property most sensitive
to the effects of aircraft overflight. These may include isolated
properties where a cultural landscape is part of the property's
significance, rural historic districts, outdoor spaces designed for
meditation or contemplation, and certain TCPs. The agencies have taken
into consideration the views and input of consulting parties, past
planning, research and studies, magnitude and nature of the
undertaking, degree of Federal involvement, nature and extent of
potential effects on historic properties, and the likely nature of
historic properties within the APE in accordance with 36 CFR
800.4(b)(1). The historic property identification effort has focused on
properties for which setting and feeling are characteristics
contributing to the property's National Register eligibility.
    In assessing the effects of the undertaking on historic properties
in the APE, the FAA will consider the number and altitude of commercial
air tours over historic properties to further assess the potential for
visual effects and any incremental change in noise levels that may
result in alteration of the characteristics of historic properties
qualifying them for the National Register.
    The comment period is open to the public. The FAA and the NPS
request that comments be as specific as possible. All written comments
become part of the official record. Written comments regarding the
section 106 consultation documents can be submitted via PEPC or sent to
the mailing addresses provided on the Park's PEPC site. Comments will
not be accepted by fax, email, or any other way than those specified
above.

    Issued in Washington, DC, on October 30, 2023.
Sandra Fox,
Environmental Protection Specialist, FAA Office of Environment &
Energy.
[FR Doc. 2023-24191 Filed 11-1-23; 8:45 am]
BILLING CODE 4910-13-P