[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Pages 47330-47334]
[FR Doc No: 2019-19332]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86854; File No. SR-IEX-2019-08]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
Its Fee Schedule To Establish Fees for the Execution of Retail and
Retail Liquidity Provider Orders and To Eliminate Fee Code N From the
Fee Schedule

September 3, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on August 22, 2019, Investors Exchange LLC (``IEX'' or the
``Exchange'') 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

    Pursuant to the provisions of Section 19(b)(1) under the Act,\4\
and Rule 19b-4 thereunder,\5\ IEX is filing with the Commission a
proposed rule change to modify its Fee Schedule, pursuant to IEX Rule
15.110(a) and (c), to establish fees for the execution of Retail and
Retail Liquidity Provider orders and to eliminate Fee Code N from the
Fee Schedule. Changes to the Fee Schedule pursuant to this proposal are
effective upon filing,\6\ and will be implemented as described herein.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.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 these statement may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to modify its Fee Schedule, pursuant to IEX
Rule 15.110(a) and (c), to establish fees for the execution of Retail
and Retail Liquidity Provider orders and to eliminate Fee Code N from
the Fee Schedule.
Retail Price Improvement Program Fees
    On August 9, 2019, the Commission approved an IEX rule filing to
establish a Retail Price Improvement Program (``Retail Program'').\7\
IEX now proposes

to adopt fees for the launch of its Retail Program.
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    \7\ See Securities Exchange Act Release No. 86619 (August 9,
2019), 84 FR 41769 (August 15, 2019) (SR-IEX-2019-05) (order
approving the IEX Retail Program).
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    The Exchange does not propose to charge any fees for the execution
of a Retail order \8\ submitted to IEX by a Member approved as a Retail
Member Organization (``RMO'').\9\ This pricing is referred to as the
``Retail Order Fee'' on the IEX Fee Schedule with a Fee Code Modifier
of R \10\ to be provided by the Exchange on execution reports. In
addition, the Exchange proposes to add a new footnote 2 to the IEX Fee
Schedule (and renumber current footnote 2 to be footnote 3) to specify
that Fee Code R applies only to a Retail order submitted by an IEX
Retail Member Organization that (i) satisfies the criteria set forth in
IEX Rules 11.190(b)(15) and 11.232(a)(1) and (ii) is a Discretionary
Peg order or Midpoint Peg order with a Time-in-Force of IOC or FOK only
eligible to trade at the Midpoint Price.
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    \8\ See IEX Rule 11.232(a)(2).
    \9\ See IEX Rule 11.232(a)(1).
    \10\ Fee Code Modifier R appears in the ``Additional Fee Codes''
section of the Fee Schedule.
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    In addition, the Exchange does not propose to charge any fees for
the execution of a Retail Liquidity Provider (``RLP'') \11\ order. This
pricing is referred to as the ``Retail Liquidity Provider Order Fee''
on the IEX Fee Schedule with a Fee Code Modifier of A \12\ to be
provided by the Exchange on execution reports. The Exchange is not
proposing any changes to the IEX Fee Schedule with respect to orders
other than RLP orders that execute against a Retail Order.
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    \11\ See IEX Rule 11.232(a)(3).
    \12\ Fee Code Modifier A appears in the ``Additional Fee Codes''
section of the Fee Schedule.
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    The Exchange also proposes conforming changes to the section of the
IEX Fee Schedule entitled ``Fee Code Combinations and Associated Fees''
to reflect the proposed fees for execution of Retail orders and RLP
orders and new Fee Code Modifiers R and A.\13\ The following describes
the proposed Fee Code Combinations and Associated Fees:
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    \13\ The proposed new Fee Code combinations, as well as Fee Code
modifiers R and A, will be provided to Members on execution reports.

------------------------------------------------------------------------
       Fee codes               Description                  Fee
------------------------------------------------------------------------
IR....................  Retail order removes non- FREE.
                         displayed liquidity.
IA....................  Retail Liquidity          FREE.
                         Provider order adds non-
                         displayed liquidity to
                         a Retail order.
LR....................  Retail order removes      FREE.
                         displayed liquidity.
ISR...................  Retail order removes non- FREE.
                         displayed liquidity
                         provided by such Member.
ISA...................  Retail Liquidity          FREE.
                         Provider order adds non-
                         displayed liquidity to
                         a Retail order provided
                         by such Member.
IQR \14\..............  Retail order removes non- FREE.
                         displayed liquidity
                         during periods of quote
                         instability.
LSR...................  Retail order removes      FREE.
                         displayed liquidity
                         provided by such Member.
LQR \15\..............  Retail order removes      FREE
                         displayed liquidity
                         during periods of quote
                         instability.
ISQR \16\.............  Retail order removes non- FREE.
                         displayed liquidity
                         provided by such Member
                         during periods of quote
                         instability.
LSQR \17\.............  Retail order removes      FREE.
                         displayed liquidity
                         provided by such Member
                         during periods of quote
                         instability.
------------------------------------------------------------------------

Implementation of Retail Price Improvement Program Fees
    As set forth in the Retail Program filing, IEX will implement the
Retail Program within 90 days of approval and provide at least ten (10)
days' notice to Members and market participants of the implementation
timeline.\18\ Thus, IEX will issue a trading alert at least 10 days
before the launch of the Retail Program, informing Members both of the
Retail Program's imminent launch and of the new Fee Codes and
associated fees set forth in this filing.
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    \14\ Fee Code combinations that include Fee Code Modifier Q are
subject to Footnote 1 of the IEX Fee Schedule which provides as
follows:
     Crumbling Quote Remove Fee: Executions with Fee Code Q that
exceed the CQRF Threshold are subject to the Crumbling Quote Remove
Fee identified in the Fee Code Modifiers table. Executions with Fee
Code Q that do not exceed the CQRF Threshold are subject to the fees
identified in the Fee Codes and Associated Fees table.
    \15\ See supra note 14.
    \16\ See supra note 14.
    \17\ See supra note 14.
    \18\ See Securities Exchange Act Release No. 86241 (June 28,
2019) 84 FR 32238 (July 5, 2019) (SR-IEX-2019-05).
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Elimination of Fee Code N
    IEX is also proposing to delete Fee Code Modifier N from the IEX
Fee Schedule. On May 1, 2018, the Exchange established the use of Fee
Code Modifier N as an ``Additional Fee Code'' in connection with a
reduction of the applicable fee for certain executions that removed
non-displayed liquidity with a spread-crossing eligible order.\19\ Fee
Code Modifier N (and related Fee Code combinations) was added to denote
such executions and provided to Members on execution reports.
Thereafter, effective August 1, 2018, IEX reverted to the prior fee of
$0.0009 per share for such executions,\20\ but did not eliminate the
use of Fee Code Modifier N and related Fee Code combinations, which
continue to be provided to Members on execution reports,
notwithstanding that they no longer impact applicable execution fees
because orders that remove non-displayed liquidity with a spread-
crossing eligible order are not subject to a different fee than is
otherwise assessed because the order was spread-crossing eligible.
Thus, Fee Code Modifier N and related Fee Code combinations are
duplicative of other Fee Code Modifiers and Fee Code combinations.
Accordingly, IEX proposes to delete Fee Code Modifier N and Fee Code
combinations that include Fee Code Modifier N from the IEX Fee
Schedule. The following describes the basis for each deletion:
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    \19\ See Securities Exchange Act Release No. 83147 (May 1,
2018), 83 FR 20118 (May 7, 2018) (SR-IEX-2018-09).
    \20\ See Securities Exchange Act Release No. 83820 (August 10,
2018), 83 FR 40800 (August 16, 2018) (SR-IEX-2018-17).
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     Fee Code Modifier N describes execution of an order that
removes liquidity with a spread-crossing eligible order, specifying
that the fee for such an execution is $0.0009 per share. However, as
explained in the Fee Schedule, because Fee Code Modifier ``N'' is an
``Additional Fee Code, the rates listed in the Fee Codes and Associated
Fees table will apply.'' Therefore, Fee Code Modifier N is never the
only Fee Code provided to Members on execution reports, and will only
be provided to Members on execution reports in the following eight fee
code combinations.
     Fee Code combination IN describes execution of an order
that removes non-displayed liquidity with a spread-crossing eligible
order, specifying that the fee for such an execution is $0.0009 per
share. Such executions are also described by Fee Code I which describes
an execution of an order that adds or removes non-displayed liquidity
and is also subject to a fee of $0.0009 per share. Consequently, Fee
Code

combination IN is duplicative of Fee Code I.
     Fee Code combination LN describes execution of an order
that removes displayed liquidity with a spread-crossing eligible order,
specifying that the fee for such execution is $0.0003 per share. Such
executions are also described by Fee Code L which describes an
execution of an order that adds or removes displayed liquidity and is
also subject to a fee of $0.0003 per share. Consequently, Fee Code
combination LN is duplicative of Fee Code L.
     Fee Code combination ISN describes execution of an order
that removes non-displayed liquidity provided by such Member with a
spread-crossing eligible order, specifying that such executions are
free. Such executions are also described by Fee Code combination IS
which describes execution of an order that executes against resting
non-displayed liquidity provided by such Member and is also free.
Consequently, Fee Code combination ISN is duplicative of Fee Code
Combination IS.
     Fee Code combination IQN describes execution of an order
that removes non-displayed liquidity during periods of quote
instability with a spread-crossing eligible order, specifying that the
fee for such execution is $0.0009 per share. Such executions are also
described by Fee Code combination IQ which describes execution of an
order that removes non-displayed liquidity during periods of quote
instability and is also subject to a fee of $0.0009 per share.
Consequently, Fee Code combination IQN is duplicative of Fee Code
Combination IQ.
     Fee Code combination LSN describes execution of an order
that removes displayed liquidity provided by such Member with a spread-
crossing eligible order, specifying that such executions are free. Such
executions are also described by Fee Code combination LS which
describes execution of an order against resting displayed liquidity
provided by such Member and is also free. Consequently, Fee Code
combination LSN is duplicative of Fee Code combination LS.
     Fee Code combination LQN describes execution of an order
that removes displayed liquidity during periods of quote instability
with a spread-crossing eligible order, specifying that the fee for such
an execution is $0.0003 per share. Such executions are also described
by Fee Code LQ which describes an execution of an order that removes
displayed liquidity during periods of quote instability and is also
subject to a fee of $0.0003 per share. Consequently, Fee Code
combination LQN is duplicative of Fee Code LQ.
     Fee Code combination ISQN describes execution of an order
that removes non-displayed liquidity provided by such Member during
periods of quote instability with a spread-crossing eligible order,
specifying that such executions are free. Such executions are also
described by Fee Code combination ISQ which describes execution of an
order that removes non-displayed liquidity provided by such Member
during periods of quote instability and is also free. Consequently, Fee
Code combination ISQN is duplicative of Fee Code combination ISQ.
     Fee Code combination LSQN describes execution of an order
that displayed liquidity provided by such Member during periods of
quote instability with a spread-crossing eligible order, specifying
that such executions are free. Such executions are also described by
Fee Code combination LSQ which describes execution of an order that
removes displayed liquidity provided by such Member during periods of
quote instability and is also free. Consequently, Fee Code combination
LSQN is duplicative of Fee Code combination LSQ.
Implementation of the Elimination of Fee Code N
    The elimination of Fee Code N will be operative beginning on August
28, 2019, as described in a trading alert issued on August 15,
2019.\21\
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    \21\ See IEX Trading Alert #2019-022 ``Upcoming Elimination of
Fee Code N'' available at https://iextrading.com/alerts/#/79.
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2. Statutory Basis
Retail Program Fees
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\22\ in general, and furthers the
objectives of Section 6(b)(4) \23\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
fees among IEX members and persons using its facilities. Additionally,
IEX believes that the proposed fees are consistent with the investor
protection objectives of Section 6(b)(5) \24\ of the Act, in
particular, in that they are designed to prevent fraudulent and
manipulative acts and practices; to promote just and equitable
principles of trade; to foster cooperation and coordination with
persons engaged in facilitating transactions in securities; to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest; and are not designed to permit unfair discrimination
between customers, brokers, or dealers.
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    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(4).
    \24\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange's proposal not to charge fees for the
execution of Retail orders and RLP orders is designed to maximize
participation for the launch of the IEX Retail Program by incentivizing
market participants to submit such orders to IEX, thereby enhancing
IEX's ability to compete with competing exchange and non-exchange
venues that offer programs for the execution of the orders of retail
customers. This fee structure is designed to attract the orders of
retail customers (and counterparties that wish to trade with retail
customers) to the Exchange, thereby supporting the competitiveness of
the Exchange's Retail Program. IEX understands that Members wishing to
participate in the Retail Program will need to modify and test their
order entry systems in order to do so, and free pricing is designed to
provide a meaningful economic incentive for such efforts.
    The Retail Program is designed to offer the potential for
meaningful price improvement to orders of retail investors, including
through incentivizing market participants to provide additional
liquidity to execute against the orders of retail investors.\25\
Offering free execution of Retail orders and RLP orders is designed to
provide further incentives to send such orders to IEX.
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    \25\ See supra note 7.
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    The Exchange believes that providing free executions to Retail
orders will incentivize Members and other market participants that
handle orders on behalf of retail customers to route such orders to the
Exchange. While the Retail Program offers the opportunity for Retail
orders to obtain meaningful price improvement at the Midpoint Price,
which should operate as a sufficient incentive to route such orders to
IEX, the Exchange believes that free pricing will enhance such
incentive. The Exchange also believes that increasing the volume of
Retail orders routed to IEX will not only benefit such orders (in the
form of the opportunity for meaningful price improvement), but will
also incentivize and benefit the orders of contra-side liquidity
providers that execute against Retail orders that view interacting with
orders of retail investors as desirable.

    Further, the Exchange understands that a large majority of orders
from retail investors are executed in the OTC market across different
wholesalers and dark pools, and exchange retail programs have not
attracted a significant volume.\26\ While there are likely a variety of
reasons for this, providing free pricing for Retail orders and RLP
orders is designed to provide a meaningful pricing incentives for
Members to send orders of retail investors to IEX as well as for market
participants to provide liquidity to Retail orders through RLP orders.
The Exchange believes that the proposed pricing incentives will help to
support the competitiveness of the IEX Retail Program, by maximizing
participation for its launch, to the benefit of the retail investor.
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    \26\ See Securities Exchange Act Release No. 85160 (February 15,
2019), 84 FR 5754, 5762 (February 22, 2019) (SR-NYSE-2018-28)
(approving NYSE RLP on a permanent basis) (``Although the Program
provides the opportunity to achieve significant price improvement,
the Program has not generated significant activity. . . . The
Program's share of NYSE volume during [in 2016-17] was below
0.4%'').
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    IEX also believes that it is equitable and not unfairly
discriminatory to provide free executions to Retail orders
notwithstanding that not all Members handle Retail orders. There is
ample precedent for differentiation of retail order flow in the retail
programs of other exchanges and the Retail Program.\27\ Further, other
exchanges provide pricing incentives to retail orders in the form of
lower fees and/or higher rebates.\28\ Consequently, the Exchange does
not believe that providing free executions for Retail orders raises any
new or novel issues not already considered by the Commission.
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    \27\ See supra note 26; see also Securities Exchange Act Release
No. 71176 (December 23, 2013), 78 FR 79524 (December 30, 2013) (SR-
NYSEArca-2013-107) (approving NYSE Arca retail pilot program);
Securities Exchange Act Release No. 68303 (November 27, 2012), 77 FR
71652 (December 3, 2012) (SR-BYX-2012-019) (approving Cboe BYX
retail pilot program); Securities Exchange Act Release No. 73702
(November 28, 2014), 79 FR 72049 (December 4, 2014) (SR-BX-2014-048)
(approving NASDAQ BX retail pilot program).
    \28\ See, e.g., Nasdaq BX price list available at https://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
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    Similarly, the Exchange believes that providing free executions to
RLP orders will incentivize Exchange members and other market
participants to submit such orders to IEX. While the Exchange believes
that the Retail Program provides significant incentives to send such
orders to IEX, specifically the ability to interact only with Retail
orders which IEX understands is desirable to many professional market
participants (as described in the rule filing adopting the Retail
Program), the Exchange believes that free pricing will enhance such
incentive and help to maximize participation for launch of its Retail
Program as discussed above.
    IEX also believes that it is equitable and not unfairly
discriminatory to provide free executions to RLP orders that execute
against retail orders but not to other liquidity providing orders that
execute against retail orders for several reasons.\29\ First, all
Members are eligible to submit RLP orders to IEX, and the Exchange
believes that a broad spectrum of Members may be interested in
submitting RLP orders because of the ability to interact only with
Retail orders. Thus, while a different fee will be charged for RLP and
non-RLP orders that execute against Retail orders, the difference is
not based on the type of Member submitting the order but on the type of
order, and all Members can submit an RLP order.
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    \29\ Where a Member submits a non-RLP order and the same Member
takes that liquidity with a Retail order, execution is also free.
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    Additionally, in order to maximize the likelihood that Retail
orders will be executed, the Exchange believes that it is important to
provide meaningful incentives for Members to enter liquidity providing
orders to execute against Retail orders. Free execution for RLP orders
is designed to provide such an incentive. Further, to the extent that
free execution for RLP orders is successful in incentivizing Members to
submit RLP orders, Members submitting Retail orders to the Exchange
will benefit from the increased liquidity. Moreover, non-RLP providing
orders have higher priority than RLP orders and are eligible to execute
against any marketable contra-side order. The Exchange believes that
this differentiation in trading opportunities warrants a higher fee,
even when executing against a Retail order.
    Finally, other exchanges provide lower fees to special order types
that provide liquidity to retail orders.\30\ Consequently, the Exchange
does not believe that providing free executions for Retail orders
raises any new or novel issues not already considered by the
Commission.
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    \30\ See, e.g., supra note 28.
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Deletion of Fee Code N
    The Exchange believes that deletion of Fee Code N and related Fee
Code combinations is consistent with Section 6(b) of the Act,\31\ in
general, and furthers the objectives of Section 6(b)(4) \32\ of the
Act, in particular, in that it is designed to provide for the equitable
allocation of reasonable fees among IEX members and persons using its
facilities. The Exchange also believes that deletion of Fee Code N and
related Fee Code combinations is consistent with Section 6(b)(5) \33\
of the Act, in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices; to promote just and equitable
principles of trade; to foster cooperation and coordination with
persons engaged in facilitating transactions in securities; and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest; and are not designed to permit
unfair discrimination between customers, brokers, or dealers.
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    \31\ 15 U.S.C. 78f(b).
    \32\ 15 U.S.C. 78f(b)(4).
    \33\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is consistent with the Act to delete
the functionally obsolete Fee Code N and related Fee Code combinations
from its Fee Schedule, to avoid any potential confusion among Members.
The Exchange further believes that the modification to the Fee Schedule
is reasonable, equitable, and not unfairly discriminatory because all
Members will be subject to the same fee structure.
    As described in the Purpose section above, this proposed rule
change does not change any fees charged by IEX, but rather eliminates
an obsolete, vestigial Fee Code and its corresponding Fee Code
combinations. Thus, the proposed fee change will provide clarity to
market participants that IEX execution of spread-crossing eligible
orders does not impact applicable fees, therefore making the Exchange's
Fee Schedule clearer and more deterministic to the benefit of all
market participants.

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

Retail Program Fees
    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. To the contrary, IEX
believes that charging no fees for the execution of Retail orders and
RLP orders would continue to enhance competition and execution quality
for retail order flow among execution venues and contribute to the
public price discovery process.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition since competing venues
have and can continue to adopt similar fees for orders executing in
their retail programs,

subject to the SEC rule change process. Further, the Exchange operates
in a highly competitive market in which market participants can easily
direct their orders to competing venues, including off-exchange venues,
if fees are viewed as non-competitive.
    The Exchange also does not believe that the proposed rule change
will impose any burden on intramarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act. While Retail
orders and RLP orders will be treated differently, those differences
are not based on the type of Member entering orders but on whether the
order is for a retail customer or an entity seeking to transact with a
retail customer, and there is no restriction on whether a Member can
handle retail customer orders. Further, any Member can enter an RLP
order.
Deletion of Fee Code N
    The Exchange does not believe that deletion of Fee Code N and
related Fee Code combinations will impose any burden on intermarket or
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Deletion of Fee Code N and
related Fee Code combinations is not proposed for any competitive
reason but to provide clarity to market participants that IEX execution
of spread-crossing eligible orders does not impact applicable fees,
therefore making the Exchange's Fee Schedule clearer and more
deterministic to the benefit of all market participants.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) \34\ of the Act.
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    \34\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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) \35\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \35\ 15 U.S.C. 78s(b)(2)(B).
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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-IEX-2019-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2019-08. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2019-08, and should be submitted on
or before September 30, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
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    \36\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-19332 Filed 9-6-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41269-41270]
[FR Doc No: 2014-16560]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER14-2382-000]

ON Wind Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
ON Wind Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to

intervene or protest must serve a copy of that document on the
Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is July 29, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 email notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 9, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-16560 Filed 7-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Notices]
[Pages 82300-82301]
[FR Doc No: 2011-33555]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0827]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Revisions to Labeling Requirements for Blood and Blood
Components, Including Source Plasma

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on certain labeling requirements for blood and
blood components, including Source Plasma. These requirements will
facilitate the use of a labeling system using machine-readable
information that would be acceptable as a system for labeling blood and
blood components, and the use of new labeling systems that may be
developed in the future. Additionally, these requirements are issued to
help ensure the continued safety of the blood supply and facilitate
consistency in labeling.

DATES: Submit either electronic or written comments on the collection
of information by February 28, 2012.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Juanmanuel Vilela, Office of

Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology. This document
solicits comments on certain labeling requirements for blood and blood
components, including Source Plasma, finalized as part of a rule FDA is
publishing elsewhere in this Federal Register entitled ``Revisions to
Labeling Requirements for Blood and Blood Components, Including Source
Plasma.''

Revisions to Labeling Requirements for Blood and Blood Components,
Including Source Plasma--(OMB Control Number 0910-NEW)

    FDA is finalizing the labeling requirements for blood or blood
components intended for use in transfusion or for further manufacture
pursuant to the provisions of the Public Health Service Act (PHS Act)
(42 U.S.C. 262-264), and the drugs, devices, and general administrative
provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321,
331, 351-353, 355, 360, 360j, 371, and 374). Under these provisions of
the PHS Act and the Federal Food, Drug, and Cosmetic Act, we have the
authority to issue and enforce regulations designed to ensure that
biological products are safe, pure, potent, and properly labeled, and
to prevent the introduction, transmission, and spread of communicable
disease.
    Under this rulemaking, FDA is consolidating the regulations related
to labeling blood and blood components. Regulations for labeling of
blood and blood components will be consolidated into Sec.  606.121
(Container label) (21 CFR 606.121) and 21 CFR 606.122 (Circular of
information). This notice solicits comments on the information
collection associated with Sec.  606.121(c)(11) (21 CFR 606.121(c)(11))
which requires that if the product is intended for further
manufacturing use, a statement listing the results of all the tests for
communicable disease agents required under Sec.  610.40 (21 CFR 610.40)
for which the donation has been tested and found negative must be on
the container label; except that the label for Source Plasma is not
required to list the negative results of serological syphilis testing
under Sec.  610.40(i) (21 CFR 610.40(i)) and Sec.  640.65(b) (21 CFR
640.65(b)). In addition, this notice also solicits comments on the
information collection associated with Sec.  606.121(e)(2)(i) (21 CFR
606.121(e)(2)(i)) which requires that the product labels of certain red
blood cells must include the type of additive solution with which the
product was prepared.
    The Agency believes the rule amendments and the information
collection provisions under Sec.  606.121(c)(11) and Sec.
606.121(e)(2)(i) in the final rule are part of usual and customary
business practice and do not create any new burden for respondent.
    The collection of information requirements under Sec. Sec.  606.121
and 606.122 are approved under OMB control number 0910-0116; and those
in 21 CFR 640.70 have been approved under OMB control number 0910-0338.
Under 5 CFR 1320.3(b)(2), the time, effort, and financial resources
necessary to comply with a collection of information are excluded from
the burden estimate if the reporting, recordkeeping, or disclosure
activities needed to comply are usual and customary because they would
occur in the normal course of activities.

    Dated: December 22, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-33555 Filed 12-29-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 75, Number 30 (Tuesday, February 16, 2010)]
[Rules and Regulations]
[Pages 7027-7028]
[FR Doc No: 2010-3000]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 75, No. 30 / Tuesday, February 16, 2010 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0568; Directorate Identifier 2009-NE-20-AD;
Amendment 39-16200; AD 2010-04-07]
RIN 2120-AA64

Airworthiness Directives; Turbomeca Arriel 2S1 Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During acceleration up to One Engine Inoperative (OEI) 30-second
rating, one event of flight loss of full automatic control occurred
on an Arriel 2S1 engine.
    The selection of OEI 30-second rating on engine 1 was triggered
by the automatic detection of an OEI situation further to a
transient deceleration of engine 2. The transient deceleration of
engine 2 was caused by the untimely reset of its digital electronic
control unit (DECU). Once this reset was completed, engine 2 resumed
its nominal operation. Afterwards the aircraft then continued its
flight safely with its engine 1 operating in manual control mode.
    The loss of full automatic control of engine 1 was caused by
loss of steps of the stepper motor controlling the fuel metering
valve inside the Hydro-mechanical Unit (HMU).
    It has been found that high accelerations, notably up to OEI 30-
second rating, increase the risk of loss of steps of the HMU stepper
motor.
    Therefore, this event has led to the consideration of the
following unsafe condition at aircraft level: In-flight loss of full
automatic control of the engine induced by the loss of steps of the
stepper motor during acceleration up to OEI 30-second rating,
further to an actual OEI situation on the other engine (such as a
power loss event).

We are issuing this AD to prevent loss of full automatic control of the
engine during acceleration up to the OEI 30-second rating. This
condition could result in reduced controllability of the helicopter.

DATES: This AD becomes effective March 23, 2010.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 28, 2009 (74
FR 55491). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During acceleration up to OEI 30-second rating, one event of
flight loss of full automatic control occurred on an Arriel 2S1
engine.
    The selection of OEI 30-second rating on engine 1 was triggered
by the automatic detection of an OEI situation further to a
transient deceleration of engine 2. The transient deceleration of
engine 2 was caused by the untimely reset of its DECU. Once this
reset was completed, engine 2 resumed its nominal operation.
Afterwards the aircraft then continued its flight safely with its
engine 1 operating in manual control mode.
    The loss of full automatic control of engine 1 was caused by
loss of steps of the stepper motor controlling the fuel metering
valve inside the HMU.
    It has been found that high accelerations, notably up to OEI 30-
second rating, increase the risk of loss of steps of the HMU stepper
motor.
    Therefore, this event has led to the consideration of the
following unsafe condition at aircraft level: In-flight loss of full
automatic control of the engine induced by the loss of steps of the
stepper motor during acceleration up to OEI 30-second rating,
further to an actual OEI situation on the other engine (such as a
power loss event).

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
    One commenter, a private citizen, requests that in the
applicability paragraph, we change ``S-76C+'' to ``S-76C'' which is how
it is listed in the helicopter type certificate data sheet.
    We agree and changed the AD.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    The MCAI requires performing the DECU software upgrade no later
than August 31, 2010. This AD requires performing the DECU software
upgrade within 350 operating hours after the effective date of the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 136 products of U.S. registry. We also estimate that it
will take about 3 work-hours per product to comply with this AD. The
average labor rate is $80 per work-hour. Required parts will cost about
$3,500 per product. Based on these figures, we estimate the cost of the
AD on U.S. operators to be $508,640.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2010-04-07 Turbomeca: Amendment 39-16200. Docket No. FAA-2009-0568;
Directorate Identifier 2009-NE-20-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
23, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Arriel 2S1 turboshaft engines
that have not incorporated Modification TU 109. These engines are
installed on, but not limited to, Sikorsky S-76C twin-engine
helicopters.

Reason

    (d) This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. We are issuing this AD to prevent loss of full automatic
control of the engine during acceleration up to the One Engine
Inoperative 30-second rating. This condition could result in reduced
controllability of the helicopter.

Actions and Compliance

    (e) Unless already done, do the following actions:
    (1) Within 350 operating hours after the effective date of this
AD, perform an upgrade of the digital electronic control unit (DECU)
software to version 11.01, to implement modification TU 109.
    (2) Guidance on implementing TU 109 can be found in Turbomeca
Mandatory Service Bulletin No. 292 73 2109, Version E, dated
September 17, 2008.

Prohibition of Mixed DECU Software Versions on the Same Helicopter

    (3) Do not operate an Arriel 2S1-powered twin-engine helicopter
with one engine upgraded to modification TU 109 if the other engine
is not upgraded to modification TU 109.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness
Information (MCAI) and/or service information as follows:
    (1) The MCAI requires performing the DECU software upgrade no
later than August 31, 2010.
    (2) This proposed AD would require performing the DECU software
upgrade within 350 operating hours after the effective date of the
proposed AD.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2009-0010, dated
January 20, 2009, and Turbomeca Mandatory Service Bulletin No. 292
73 2109, Version E, dated September 17, 2008, for related
information. Contact Turbomeca, 40220 Tarnos, France; telephone (33)
05 59 74 40 00, fax (33) 05 59 74 45 15 for the service information
identified in this AD.
    (i) Contact Kevin Dickert, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

Material Incorporated by Reference

    (j) None.

    Issued in Burlington, Massachusetts, on February 8, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-3000 Filed 2-12-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Page 32600]
[FR Doc No: 2017-14813]

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

Federal Aviation Administration

[Summary Notice No. PE-2017-60]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, this aspect of the FAA's regulatory activities.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before August 3, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0613
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>; or Alphonso
Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington.
Victor Wicklund,
Manager, Transport Standards Staff.

Petition for Exemption

    Docket No.: FAA-2017-0613.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: Sec.  25.807(g)(7).
    Description of Relief Sought: Allow up to 200 passenger seats when
a third pair of Type III exits are installed on the Boeing Model 737-
8200, 737-9, and 737-900ER airplanes.

[FR Doc. 2017-14813 Filed 7-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52193-52196]
[FR Doc No: 2023-16743]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2358]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

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 Federal
Regulations. 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 be finalized 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 Insurance and 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 https://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: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://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 https://msc.fema.gov for
comparison.

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

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Chief executive officer of                                    Online location of letter of map                            Community
         State and county          Location and case No.             community               Community map repository                 revision                Date of modification       No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Pima.........................  Town of Marana (23-09- The Honorable Ed Honea, Mayor,  Engineering Department,        https://msc.fema.gov/portal/        Oct. 23, 2023.........       040118
                                    0611P).                Town of Marana, 11555 West      Marana Municipal Complex,      advanceSearch.
                                                           Civic Center Drive, Marana,     11555 West Civic Center
                                                           AZ 85653.                       Drive, Marana, AZ 85653.
    Yavapai......................  Unincorporated Areas   The Honorable James Gregory,    Yavapai County Flood Control   https://msc.fema.gov/portal/        Sep. 14, 2023.........       040093
                                    of Yavapai County      Chair, Board of Supervisors,    District, 1120 Commerce        advanceSearch.
                                    (22-09-1395P).         Yavapai County, 1015 Fair       Drive, Prescott, AZ 86305.
                                                           Street, 3rd Floor, Prescott,
                                                           AZ 86305.
California:
    Los Angeles..................  City of Malibu (23-09- The Honorable Paul Grisanti,    City Hall, 23825 Stuart Ranch  https://msc.fema.gov/portal/        Oct. 20, 2023.........       060745
                                    0599P).                Mayor, City of Malibu, 23825    Road, Malibu, CA 90265.        advanceSearch.
                                                           Stuart Ranch Road, Malibu, CA
                                                           90265.
    Los Angeles..................  Unincorporated Areas   The Honorable Janice Hahn,      Los Angeles County Public      https://msc.fema.gov/portal/        Oct. 20, 2023.........       065043
                                    of Los Angeles         Chair, Board of Supervisors,    Works Headquarters,            advanceSearch.
                                    County (23-09-         Los Angeles County, 500 West    Watershed Management
                                    0599P).                Temple Street, Room 822, Los    Division, 900 South Fremont
                                                           Angeles, CA 90012.              Avenue, Alhambra, CA 91803.
    Riverside....................  City of Menifee (22-   The Honorable Bill Zimmerman,   Public Works and Engineering   https://msc.fema.gov/portal/        Oct. 20, 2023.........       060176
                                    09-1724P).             Mayor, City of Menifee, 29844   Department, 29714 Haun Road,   advanceSearch.
                                                           Haun Road, Menifee, CA 92586.   Menifee, CA 92586.
    Riverside....................  City of Norco (22-09-  The Honorable Robin             City Hall, 2870 Clark Avenue,  https://msc.fema.gov/portal/        Oct. 13, 2023.........       060256
                                    1188P).                Grundmeyer, Mayor, City of      Norco, CA 92860.               advanceSearch.
                                                           Norco, 2870 Clark Avenue,
                                                           Norco, CA 92860.
    Riverside....................  City of Perris (22-09- The Honorable Michael Vargas,   Engineering Department, 24     https://msc.fema.gov/portal/        Oct. 16, 2023.........       060258
                                    1745P).                Mayor, City of Perris, 101      South D Street, Suite 100,     advanceSearch.
                                                           North D Street, Perris, CA      Perris, CA 92570.
                                                           92570.

    San Bernardino...............  City of Rancho         The Honorable L. Dennis         City Hall, Engineering         https://msc.fema.gov/portal/        Oct. 2, 2023..........       060671
                                    Cucamonga (22-09-      Michael, Mayor, City of         Department Plaza Level,        advanceSearch.
                                    0746P).                Rancho Cucamonga, 10500 Civic   10500 Civic Center Drive,
                                                           Center Drive, Rancho            Rancho Cucamonga, CA 91730.
                                                           Cucamonga, CA 91730.
    San Bernardino...............  Unincorporated Areas   The Honorable Dawn Rowe,        San Bernardino County Public   https://msc.fema.gov/portal/        Oct. 11, 2023.........       060270
                                    of San Bernardino      Chair, Board of Supervisors,    Works, Water Resources         advanceSearch.
                                    County (21-09-         San Bernardino County, 385      Department, 825 East 3rd
                                    1996P).                North Arrowhead Avenue, 5th     Street, San Bernardino, CA
                                                           Floor, San Bernardino, CA       92415.
                                                           92415.
    San Diego....................  Unincorporated Areas   The Honorable Nora Vargas,      San Diego County Flood         https://msc.fema.gov/portal/        Oct. 2, 2023..........       060284
                                    of San Diego County    Chair, Board of Supervisors,    Control District, Department   advanceSearch.
                                    (23-09-0045P).         San Diego County, 1600          of Public Works, 5510
                                                           Pacific Highway, Room 335,      Overland Avenue, Suite 410,
                                                           San Diego, CA 92101.            San Diego, CA 92123.
Florida:
    Bay..........................  City of Panama City    The Honorable Mark Sheldon,     City Hall, 110 South Arnold    https://msc.fema.gov/portal/        Oct. 25, 2023.........       120013
                                    Beach (22-04-3762P).   Mayor, City of Panama City      Road, Panama City Beach, FL    advanceSearch.
                                                           Beach, City Hall, 17007         32413.
                                                           Panama City Beach Parkway,
                                                           Panama City Beach, FL 32413.
    Bay..........................  Unincorporated Areas   Philip Griffitts, Chair, Board  Bay County Planning and        https://msc.fema.gov/portal/        Oct. 25, 2023.........       120004
                                    of Bay County (22-04-  of Bay County Commissioners,    Zoning, 707 Jenks Avenue,      advanceSearch.
                                    3762P).                840 West 11th Street, Panama    Suite B, Panama City, FL
                                                           City, FL 32401.                 32401.
    Clay.........................  Unincorporated Areas   Howard Wanamaker, County        Clay County, Public Works      https://msc.fema.gov/portal/        Oct. 20, 2023.........       120064
                                    of Clay County (23-    Manager, Clay County, P.O.      Department, 5 Esplanade        advanceSearch.
                                    04-0201P).             Box 1366, Green Cove Springs,   Avenue, Green Cove Springs,
                                                           FL 32043.                       FL 32043.
Illinois:
    Cook.........................  City of Oak Forest     The Honorable Henry Kuspa,      City Hall, 15440 South         https://msc.fema.gov/portal/        Oct. 23, 2023.........       170136
                                    (22-05-2765P).         Mayor, City of Oak Forest,      Central Avenue, Oak Forest,    advanceSearch.
                                                           15440 South Central Avenue,     IL 60452.
                                                           Oak Forest, IL 60452.
    Cook.........................  Unincorporated Areas   Toni Preckwinkle, President,    Cook County Building and       https://msc.fema.gov/portal/        Oct. 6, 2023..........       170054
                                    of Cook County (20-    Cook County Board of            Zoning Department, 69 West     advanceSearch.
                                    05-1896P).             Commissioners, 118 North        Washington Street, 28th
                                                           Clark Street, Room 537,         Floor, Chicago, IL 60602.
                                                           Chicago, IL 60602.
    Cook.........................  Unincorporated Areas   Toni Preckwinkle, President,    Cook County Building and       https://msc.fema.gov/portal/        Oct. 23, 2023.........       170054
                                    of Cook County (22-    Cook County Board of            Zoning Department, 69 West     advanceSearch.
                                    05-2765P).             Commissioners, 118 North        Washington Street, 28th
                                                           Clark Street, Room 537,         Floor, Chicago, IL 60602.
                                                           Chicago, IL 60602.
    Cook.........................  Village of Richton     Rick Reinbold, Village          Municipal Building, 4455 Sauk  https://msc.fema.gov/portal/        Oct. 6, 2023..........       170149
                                    Park (20-05-1896P).    President, Village of Richton   Trail, Richton Park, IL        advanceSearch.
                                                           Park, 4455 Sauk Trail,          60471.
                                                           Richton Park, IL 60471.
    Lake.........................  Village of Mundelein   The Honorable Steve Lentz,      Village Hall, 300 Plaza        https://msc.fema.gov/portal/        Oct. 10, 2023.........       170382
                                    (23-05-0305P).         Mayor, Village of Mundelein,    Circle, Mundelein, IL 60060.   advanceSearch.
                                                           300 Plaza Circle, Mundelein,
                                                           IL 60060.
    Lake.........................  Village of Vernon      Roger Byrne, Village            Village Hall, 290 Evergreen    https://msc.fema.gov/portal/        Oct. 10, 2023.........       170394
                                    Hills (23-05-0305P).   President, Village of Vernon    Drive, Vernon Hills, IL        advanceSearch.
                                                           Hills, 290 Evergreen Drive,     60061.
                                                           Vernon Hills, IL 60061.
Indiana:
    Allen........................  City of Fort Wayne     The Honorable Tom Henry,        Department of Planning         https://msc.fema.gov/portal/        Oct. 5, 2023..........       180003
                                    (22-05-1754P).         Mayor, City of Fort Wayne,      Services, 200 East Berry       advanceSearch.
                                                           City Hall, 200 East Berry       Street, Suite 150, Fort
                                                           Street, Suite 470, Fort         Wayne, IN 46802.
                                                           Wayne, IN 46802.

    Allen........................  Unincorporated Areas   F. Nelson Peters,               Allen County Department of     https://msc.fema.gov/portal/        Oct. 5, 2023..........       180302
                                    of Allen County (22-   Commissioner, Allen County      Planning Services, 200 East    advanceSearch.
                                    05-1754P).             Board of Commissioners,         Berry Street, Suite 150,
                                                           Citizens Square, 200 East       Fort Wayne, IN 46802.
                                                           Berry Street, Suite 410, Fort
                                                           Wayne, IN 46802.
Kansas:
    Johnson......................  City of Shawnee (22-   The Honorable Michelle          City Hall, 11110 Johnson       https://msc.fema.gov/portal/        Aug. 30, 2023.........       200177
                                    07-1041P).             Distler, Mayor, City of         Drive, Shawnee, KS 66203.      advanceSearch.
                                                           Shawnee, City Hall, 11110
                                                           Johnson Drive, Shawnee, KS
                                                           66203.
Michigan:
    Oakland......................  City of Troy (23-05-   The Honorable Ethan Baker,      City Hall, 500 West Big        https://msc.fema.gov/portal/        Sep. 22, 2023.........       260180
                                    0001P).                Mayor, City of Troy, 500 West   Beaver Road, Troy, MI 48084.   advanceSearch.
                                                           Big Beaver Road, Troy, MI
                                                           48084.
Minnesota:
    Dakota.......................  Unincorporated Areas   Matt Smith, Manager, Dakota     Dakota County Administration   https://msc.fema.gov/portal/        Oct. 30, 2023.........       270101
                                    of Dakota County (22-  County, 1590 Highway 55,        Center, 1590 Highway 55,       advanceSearch.
                                    05-3188P).             Hastings, MN 55033.             Hastings, MN 55033.
Nevada:
    Clark........................  City of North Las      The Honorable Pamela Goynes-    Public Works Department, 2250  https://msc.fema.gov/portal/        Oct. 18, 2023.........       320007
                                    Vegas (23-09-0579P).   Brown, Mayor, City of North     Las Vegas Boulevard North,     advanceSearch.
                                                           Las Vegas, 2250 Las Vegas       Suite 200, North Las Vegas,
                                                           Boulevard North, Suite 910,     NV 89030.
                                                           North Las Vegas, NV 89030.
New Jersey:
    Monmouth.....................  Township of Neptune    The Honorable Keith Cafferty,   Township Hall, Construction    https://msc.fema.gov/portal/        Oct. 19, 2023.........       340317
                                    (22-02-0510P).         Mayor, Township of Neptune,     Department, 25 Neptune         advanceSearch.
                                                           P.O. Box 1125, Neptune, NJ      Boulevard, Neptune, NJ
                                                           07754.                          07753.
    Monmouth.....................  Township of Wall (22-  The Honorable Timothy J.        Township Hall, Municipal       https://msc.fema.gov/portal/        Oct. 19, 2023.........       340333
                                    02-0510P).             Farrell, Mayor, Township of     Building, 2700 Allaire Road,   advanceSearch.
                                                           Wall, 2700 Allaire Road,        Wall, NJ 07719.
                                                           Wall, NJ 07719.
Oregon:
    Washington...................  City of Beaverton (22- The Honorable Lacey Beaty,      Community Development          https://msc.fema.gov/portal/        Sep. 29, 2023.........       410240
                                    10-0942P).             Mayor, City of Beaverton,       Department, 12725 Southwest    advanceSearch.
                                                           12725 Southwest Millikan Way,   Millikan Way, Beaverton, OR
                                                           5th Floor, Beaverton, OR        97076.
                                                           97076.
Virginia:
    Independent City.............  City of Virginia       The Honorable Robert Dyer,      Department of Public Works,    https://msc.fema.gov/portal/        Sep. 27, 2023.........       515531
                                    Beach (22-03-0299P).   Mayor, City of Virginia         2405 Courthouse Drive,         advanceSearch.
                                                           Beach, City Hall, 2401          Building 1, Municipal Center
                                                           Courthouse Drive, Building      Building #2, Virginia Beach,
                                                           #1, Virginia Beach, VA 23456.   VA 23456.
Wisconsin:
    Brown........................  Unincorporated Areas   Patrick Buckley, Chair, Brown   Brown County Office Northern   https://msc.fema.gov/portal/        Oct. 31, 2023.........       550020
                                    of Brown County (20-   County Board of Supervisors,    Building, 305 East Walnut      advanceSearch.
                                    05-4610P).             305 East Walnut Street, Green   Street, Room 320, Green Bay,
                                                           Bay, WI 54305.                  WI 54301.
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[FR Doc. 2023-16743 Filed 8-4-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9164-9166]
[FR Doc No: 2017-02191]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0812; FRL-9958-82-Region 9]

Approval of Air Quality State Implementation Plans; Nevada;
Infrastructure Requirements To Address Interstate Transport for the
2008 Ozone NAAQS

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Nevada Division of
Environmental Protection (NDEP) to address the interstate transport
requirements of Clean Air Act (CAA) with respect to the 2008 ozone
national ambient air quality standard (NAAQS). We are approving the
portion of the Nevada SIP pertaining to requirements prohibiting
significant contributions from Nevada to nonattainment or interference
with maintenance in another state.

DATES: This final rule is effective on March 6, 2017.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0812 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (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: Tom Kelly, Air Planning Office (AIR-
2), EPA, Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Sections 110(a)(1) and (2) of the CAA require states to address
basic SIP requirements to implement, maintain and enforce the NAAQS no
later than three years after the promulgation of a new or revised
standard. Section 110(a)(2) outlines the specific requirements that
each state is required to address in this SIP submission that
collectively constitute the ``infrastructure'' of a state's air quality
management program. A SIP submittal that addresses these requirements
is referred to as an ``infrastructure SIP'' (I-SIP). In particular, CAA
section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised
NAAQS contain adequate provisions to prohibit any source or other type
of emissions activity within the state from emitting air pollutants
that will ``contribute significantly to nonattainment'' (``prong 1'')
or ``interfere with maintenance'' (``prong 2'') of the applicable NAAQS
in any other state. This action addresses the section 110(a)(2)(D)(i)
requirements of prong 1 and prong 2 with respect to Nevada's I-SIP
submission.
    On March 27, 2008, the EPA issued a revised NAAQS for ozone.\1\
This action triggered a requirement for states to submit an I-SIP to
address the applicable requirements of section 110(a)(2) within three
years of issuance of the revised NAAQS. On April 10, 2013, NDEP
submitted the ``Nevada State Implementation Plan for the 2008 8-Hour
Ozone NAAQS: Demonstration of Adequacy'' (``2013 Submittal'') to
address all of the CAA section 110(a)(2) requirements for the 2008 8-
hour ozone NAAQS. On March 25, 2016, NDEP submitted, ``2016 Supplement
to the Nevada State Implementation Plan for the 2008 8-Hour Primary
Ozone NAAQS: Clean Air Act Section 110(a)(2)(D)(i)(I)'' (``2016
Supplement'').
---------------------------------------------------------------------------

    \1\ National Ambient Air Quality Standards for Ozone; Final
Rule, 73 FR 16436 (March 27, 2008).
---------------------------------------------------------------------------

    On November 3, 2015, the EPA issued a partial approval and partial
disapproval of Nevada's 2013 I-SIP submittal for the 2008 ozone, 2010
nitrogen dioxide, and 2010 sulfur dioxide NAAQS, including the
following actions on infrastructure SIP requirements: Approval of SIP
elements relating to CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II)--
visibility transport (``prong 4''), (E), (F), (G), (H), (I), (K), (L)
and (M); partial approval, for Clark County, and partial disapproval,
for Washoe County and the remainder of the state, of SIP elements
relating to CAA sections 110(a)(2)(C), (D)(i)(II)--interference with
Prevention of Significant Deterioration (``prong 3''), (D)(ii)
(interstate pollution abatement and international air pollution) and
(J); and, for NOX only, approval of SIP elements relating to
prong 1 and prong 2 of CAA section 110(a)(2)(D)(i)(I).\2\ Our November
3, 2015, partial approval and partial disapproval took no action on the
Nevada 2013 Submittal with regard to prong 1 and prong 2 of the
interstate transport requirements for the 2008 ozone NAAQS, but the
proposal did state our intention to take action in a subsequent
rulemaking. The EPA must take final action by February 13, 2017, on the
provisions of the Nevada 2013 Submittal and 2016 Supplement addressing
the requirements of prong 1 and prong 2, pursuant to a judgment by the
District of Nevada in Nevada v. McCarthy.\3\
---------------------------------------------------------------------------

    \2\ Partial Approval and Partial Disapproval of Air Quality
State Implementation Plans; Nevada; Infrastructure Requirements for
Ozone, NO2 and SO2, 80 FR 67652 (November 3,
2015).
    \3\ See Judgment, Nevada v. McCarthy, Case 3:15-cv-00396-HDM-WGC
(D. Nev. June 22, 2016).
---------------------------------------------------------------------------

    On December 6, 2016, the EPA proposed to approve the 2013 SIP
Submittal and the 2016 Supplement addressing the infrastructure
requirements of CAA section 110(a)(2)(D)(i) for the 2008 ozone

NAAQS.\4\ The rationale supporting the EPA's actions is explained in
our proposal notice and the associated Technical Support Document (TSD)
and will not be restated here. The proposed rule and TSD are available
online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-
2014-0812.
---------------------------------------------------------------------------

    \4\ ``Air Quality State Implementation Plans; Approvals and
Promulgations: Nevada; Infrastructure Requirements to Address
Interstate Transport for the 2008 Ozone NAAQS,'' 81 FR 87857
(December 6, 2016).
---------------------------------------------------------------------------

II. Public Comments

    The EPA received no comments on the proposed action during the
public comment period.

III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and
rationale presented in the proposed rule, the related TSD, and this
final rule, the EPA is approving Nevada's SIP as meeting the interstate
transport requirements of CAA section 110(a)(2)(D)(i)(I) prong 1 and
prong 2 for the 2008 ozone NAAQS.

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, the 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The 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 April 4, 2017. 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

    Air pollution control, Approval and promulgation of implementation
plans, Environmental protection, Incorporation by reference, Oxides of
nitrogen, Ozone, and Volatile organic compounds.

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

    Dated: January 13, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart DD--Nevada

0
2. In Sec.  52.1470, paragraph (e), the table is amended by adding,
under the heading ``Air Quality Implementation Plan for the State of
Nevada'' an entry after the entry ``Nevada's Clean Air Act Sec.
110(a)(1) and (2) State Implementation Plan for the 2008 ozone NAAQS,
excluding appendices A-F for NDEP; excluding the cover letter to NDEP
and attachments A and B for Clark County; and excluding the cover
letter to NDEP and Attachments A and B for Washoe County'' to read as
follows:

Sec.  52.1470   Identification of plan.

* * * * *
    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                   Applicable geographic       State
      Name of SIP provision        or nonattainment area  submittal date   EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Supplement to the Nevada          State-wide............       3/25/2016  [Insert Federal     Interstate
 Division of Environmental                                                 Register            transport
 Protection Portion of the                                                 citation] 2/3/      supplement to the
 Nevada ``Infrastructure'' SIP                                             2017.               ``Infrastructure'
 for the 2008 Ozone NAAQS: CAA                                                                 ' SIP for NDEP,
 Sec.   110(a)(2)(D)(i)(I),                                                                    Clark County and
 Interstate Transport; excluding                                                               Washoe County for
 the cover letter to EPA Region                                                                the 2008 8-hour
 9 and attachments A and 2.                                                                    ozone standard.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
  1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
  are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
  Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
  regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
  52.1470(c).

0
3. Section 52.1472 is amended by revising paragraph (h) to read as
follows:

Sec.  52.1472   Approval status.

* * * * *
    (h) 2008 8-hour ozone NAAQS: The SIPs submitted on December 20,
2012 are partially disapproved for CAA elements 110(a)(2)(C), (D)(ii),
and (J) for the NDEP and Washoe County portions of the Nevada SIP.
* * * * *
[FR Doc. 2017-02191 Filed 2-2-17; 8:45 am]
 BILLING CODE 6560-50-P