[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34255-34257]
[FR Doc No: 2021-13863]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2138]

Proposed Flood Hazard Determinations

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

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table

below. The purpose of this notice is to seek general information and
comment regarding the preliminary FIRM, and where applicable, the FIS
report that the Federal Emergency Management Agency (FEMA) has provided
to the affected communities. 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). In addition, the FIRM and FIS report, once
effective, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings.

DATES: Comments are to be submitted on or before September 27, 2021.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables 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.
    You may submit comments, identified by Docket No. FEMA-B-2138, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
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_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed 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. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. 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.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                             Community map repository
               Community                             address
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             Buena Vista County, Iowa and Incorporated Areas
         Project: 16-07-2138S Preliminary Date: August 16, 2019
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City of Storm Lake.....................  City Hall, 620 Erie Street,
                                          Storm Lake, IA 50588.
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               Clayton County, Iowa and Incorporated Areas
        Project: 19-07-0015S Preliminary Date: December 16, 2020
------------------------------------------------------------------------
City of Elkader........................  City Hall, 207 North Main
                                          Street, Elkader, IA 52043.
Unincorporated Areas of Clayton County.  Clayton County Courthouse, 111
                                          High Street Northeast,
                                          Elkader, IA 52043.
------------------------------------------------------------------------
                Kent County, Michigan (All Jurisdictions)
        Project: 12-05-2853S Preliminary Date: November 16, 2020
------------------------------------------------------------------------
Charter Township of Caledonia..........  Township Hall, 8196 Broadmoor
                                          Avenue Southeast, Caledonia,
                                          MI 49316.
Charter Township of Cascade............  Cascade Charter Township
                                          Office, 5920 Tahoe Drive
                                          Southeast, Grand Rapids, MI
                                          49546.
Charter Township of Gaines.............  Gaines Charter Township Office,
                                          8555 Kalamazoo Avenue
                                          Southeast, Caledonia, MI
                                          49316.

Charter Township of Grand Rapids.......  Township Hall, 1836 East
                                          Beltline Avenue Northeast,
                                          Grand Rapids, MI 49525.
Charter Township of Lowell.............  Township Hall, 2910 Alden Nash
                                          Avenue Southeast, Lowell, MI
                                          49331.
Charter Township of Plainfield.........  Plainfield Charter Township
                                          Hall, 6161 Belmont Avenue
                                          Northeast, Belmont, MI 49306.
City of Cedar Springs..................  City Hall, 66 South Main
                                          Street, Cedar Springs, MI
                                          49319.
City of East Grand Rapids..............  Community Center, 750 Lakeside
                                          Drive Southeast, East Grand
                                          Rapids, MI 49506.
City of Grand Rapids...................  City Hall, 300 Monroe Avenue
                                          Northwest, Grand Rapids, MI
                                          49503.
City of Grandville.....................  City Hall, 3195 Wilson Avenue
                                          Southwest, Grandville, MI
                                          49418.
City of Kentwood.......................  City Hall Engineering
                                          Department, 4900 Breton Avenue
                                          Southeast, Kentwood, MI 49508.
City of Lowell.........................  City Hall, 301 East Main
                                          Street, Lowell, MI 49331.
City of Rockford.......................  City Hall, 7 South Monroe
                                          Street, Rockford, MI 49341.
City of Walker.........................  Engineering Department City
                                          Hall, 4243 Remembrance Road
                                          Northwest, Walker, MI 49534.
City of Wyoming........................  City Hall, 1155 28th Street
                                          Southwest, Wyoming, MI 49509.
Township of Ada........................  Township Hall, 7330 Thornapple
                                          River Drive, Ada, MI 49301.
Township of Algoma.....................  Algoma Township Office, 10531
                                          Algoma Avenue Northeast,
                                          Rockford, MI 49341.
Township of Alpine.....................  Alpine Township Hall, 5255
                                          Alpine Avenue Northwest,
                                          Comstock Park, MI 49321.
Township of Byron......................  Byron Township Hall, 8085 Byron
                                          Center Avenue Southwest, Byron
                                          Center, MI 49315.
Township of Cannon.....................  Cannon Township Center, 6878
                                          Belding Road, Rockford, MI
                                          49341.
Township of Solon......................  Solon Township Offices, 15185
                                          Algoma Avenue Northeast, Cedar
                                          Springs, MI 49319.
Township of Sparta.....................  Township Hall, 160 East
                                          Division Street, Sparta, MI
                                          49345.
Township of Tyrone.....................  Tyrone Township Hall, 28 East
                                          Muskegon Street, Kent City, MI
                                          49330.
Township of Vergennes..................  Vergennes Township Hall, 10381
                                          Bailey Drive Northeast,
                                          Lowell, MI 49331.
Village of Casnovia....................  Village Hall, 141 North Main
                                          Street, Casnovia, MI 49318.
Village of Kent City...................  Village Office, 83 Spring
                                          Street, Kent City, MI 49330.
Village of Sparta......................  Village Hall, 156 East Division
                                          Street, Sparta, MI 49345.
------------------------------------------------------------------------
            Florence County, Wisconsin and Incorporated Areas
        Project: 18-05-0013S Preliminary Date: November 16, 2020
------------------------------------------------------------------------
Unincorporated Areas of Florence County  Florence County Courthouse, 501
                                          Lake Avenue, Florence, WI
                                          54121.
------------------------------------------------------------------------

[FR Doc. 2021-13863 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-12-P


February 7, 2013, and EPA is submitting it for publication in the Federal Register (FR).  While we have taken steps to ensure the accuracy of this Internet version of the document, it is not the official version. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's FDSys website (http://fdsys.gpo.gov/fdsys/search/home.action).  {It will also appear on Regulations.gov (http://www.regulations.gov) in Docket No. EPA-HQ-OAR-2011-0417}.

                                                                        6560.50
                        ENVIRONMENTAL PROTECTION AGENCY
                                40 CFR Part 98
                      [EPA-HQ-OAR-2011-0417; FRL- XXXX-X]
                                 RIN 2060-AR74
Greenhouse Gas Reporting Rule: Revision to Best Available Monitoring Method Request Submission Deadline for Petroleum and Natural Gas Systems Source Category
AGENCY:  Environmental Protection Agency (EPA).
ACTION:  Direct Final Rule.
SUMMARY:  The EPA is taking direct final action to revise the deadline by which owners or operators of facilities subject to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule must submit requests for use of best available monitoring methods to the Administrator.  This revision does not change any other requirements for owners or operators that are outlined in the best available monitoring method rule provisions.
DATES:  This rule is effective on [INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER] without further notice, unless the EPA receives adverse comment by [INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER].  If the EPA receives adverse comment by [INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER], the EPA will publish a timely withdrawal notice in the Federal Register to inform the public that this rule will not take effect.
ADDRESSES:  Submit your comments, identified by docket ID No. EPA-HQ-OAR-2011-0417 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.  Follow the online instructions for submitting comments.
E-mail<EMAIL_ADDRESS>
Fax: (202) 566 - 9744.
Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR - 2011-0417, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Hand/Courier Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004.  Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions:  Direct your comments to Docket ID No. EPA-HQ-OAR-2011-0417.  The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute.  Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail.  Send or deliver information identified as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0417. The http://www.regulations.gov Web site is an "anonymous access" system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment.  If you send an e-mail comment directly to the EPA without going through http://www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet.  If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit.  If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment.  Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
Docket:  All documents in the docket are listed in the http://www.regulations.gov index.  Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute.  Certain other material, such as copyrighted material, will be publicly available only in hard copy.  Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West Building, Room B102, 1301 Constitution Ave., NW., Washington, DC.  This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Public Reading Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is<PHONE_NUMBER>.
FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC-6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS> For technical information, contact the Greenhouse Gas Reporting Rule Hotline at: http://www.epa.gov/ghgreporting/reporters/index.html. To submit a question, select Rule Help Center, then select Contact Us.
SUPPLEMENTARY INFORMATION:
Why is the EPA using a direct final rule?
	The EPA is publishing this rule without a prior proposal because we view this as a noncontroversial action and anticipate no adverse comment. This change amends 40 CFR Part 98, § 98.234(f)(8)(i), Timing of Request, to change the deadline for submitting best available monitoring method requests for future years. The rule has required that for reporting years after 2012, a new request to use best available monitoring methods must be submitted by September 30 of the year prior to the reporting year for which use of best available monitoring methods is sought. In this action, the EPA is revising the deadline from September 30 of the prior reporting year to June 30 of the prior reporting year. This revision does not alter the substantive requirements for entities regulated by the Greenhouse Gas Reporting Rule (40 CFR Part 98, hereinafter "Part 98"), nor does it affect the final confidentiality determinations for Part 98 data that the EPA has made through rulemaking. However, in the "Proposed Rules" section of today's Federal Register, we are publishing a separate notice that will serve as the proposed rule for this amendment should the EPA receive adverse comment on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so by the comment deadline listed in the DATES section of this document. For further information about commenting on this rule, see the ADDRESSES section of this document.
	If the EPA receives adverse comment, we will publish a timely withdrawal notice in the Federal Register to inform the public that this direct final rule will not take effect. In that case, we will address all public comments in any subsequent final rule based on the proposed rule.
Does this action apply to me?
The Administrator determined that this action is subject to the provisions of Clean Air Act (CAA) section 307(d).  If finalized, these amended regulations could affect owners or operators of petroleum and natural gas systems.  Regulated categories and entities may include those listed in Table 1 of this preamble:
Table 1.  Examples of Affected Entities by Category
Source Category
NAICS
Examples of affected facilities
Petroleum and Natural Gas Systems
486210
Pipeline transportation of natural gas.

221210
Natural gas distribution facilities.

211
Extractors of crude petroleum and natural gas.

211112
Natural gas liquid extraction facilities.

Table 1 of this preamble is not intended to be exhaustive, but rather provides a guide for readers regarding facilities likely to be affected by this action.  Although Table 1 of this preamble lists the types of facilities that could potentially be affected by this action, other types of facilities not listed in the table could also be affected.  To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98 Subpart A and 40 CFR Part 98, Subpart W.  If you have questions regarding the applicability of this action to a particular facility, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Judicial Review
Under CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by [INSERT THE DATE 60 DAYS AFTER THE PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER].  Under CAA section 307(d)(7)(B), only an objection to this final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review.  This section also provides a mechanism for us to convene a proceeding for reconsideration, "[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment], or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of this rule."  Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20004, with a copy to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20004.  Note, under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce these requirements.
      Acronyms and Abbreviations
The following acronyms and abbreviations are used in this document.
CAA	Clean Air Act
CBI	confidential business information
CFR	Code of Federal Regulations
EO	Executive Order
EPA	U.S. Environmental Protection Agency
FR	Federal Register
GHG	greenhouse gas
ICR	information collection request
NTTAA	National Technology Transfer and Advancement Act
OMB	Office of Management and Budget
QA/QC	Quality Assurance/Quality Control
RFA	Regulatory Flexibility Act
RIA	Regulatory Impact Analysis
SBA	Small Business Administration
SBREFA	Small Business Regulatory Enforcement and Fairness Act
U.S.	United States
UMRA	Unfunded Mandates Reform Act of 1995
U.S.C.	United States Code
Organization of This Document.  The information presented in this preamble is organized as follows:
I.	Background of Final Rule
II. 	What is the Revision to 40 CFR 98.234(f)(8)(i)?
III. Statutory and Executive Order Reviews
A.  Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
B.  Paperwork Reduction Act
C.  Regulatory Flexibility Act
D.  Unfunded Mandates Reform Act
E.  Executive Order 13132: Federalism
F.  Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
G.  Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks
H.  Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use
I.  National Technology Transfer and Advancement Act
J.  Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
K. Congressional Review Act

I.  Background of Final Rule
On November 30, 2010 (75 FR 74459) the EPA finalized the Petroleum and Natural Gas Systems source category, Subpart W, of the Greenhouse Gas Reporting Rule. As part of that rule, the EPA finalized detailed provisions in 40 CFR 98.234(f), allowing for owners or operators to use best available monitoring methods for specified parameters in 40 CFR 98.233 where additional time is needed to comply with the monitoring and quality assurance/quality control (QA/QC) requirements as outlined in the rule. In these cases, owners or operators are given the flexibility, upon approval, to estimate parameters for equations in 40 CFR 98.233 by using either monitoring methods currently used by the facility that do not meet the specifications of a relevant Subpart, supplier data, engineering calculations, or other company records.
Owners or operators desiring to use best available monitoring methods for reporting years 2012 and beyond are required to submit a request by September 30 of the year prior to the reporting year for which use of best available monitoring methods are being sought.
II.	What is the Revision to 40 CFR 98.234(f)(8)(i)?
This direct final rule amends one provision related to best available monitoring methods required in 40 CFR 98.234(f)(8)(i). This action amends the date by which owners or operators must submit a request to use best available monitoring methods for future reporting years from September 30 to June 30 of each year prior to the reporting year for which use of best available monitoring methods is sought. This amendment does not change any other best available monitoring method requirements as outlined in 40 CFR 98.234(f).
	EPA currently has authority to review and finalize best available monitoring method request determinations during the reporting year in which the use of best available monitoring methods are sought. However, making this annual deadline earlier will create a more realistic schedule for processing best available monitoring method requests and will improve EPA's ability to inform owners or operators of EPA's final determination prior to the reporting year for which such methods are sought. For example, in 2012, the EPA received more requests than anticipated, many of which were quite technical in nature.  Based on a review of those requests, the EPA has determined that, additional time is needed to carefully review requests it may receive in future years, and in cases where the EPA deems it necessary, to afford time to request further information or to clarify questions or concerns about the request. The September 30 deadline does not provide a realistic time period to sufficiently review and process the requests and notify all owners or operators of final determinations.
	The EPA anticipates that this amendment will have minimal adverse impact on owners or operators requesting to use best available monitoring methods. First, the EPA believes that the amendment will provide greater certainty to reporters as they plan for the future reporting year.  Further, the EPA has streamlined the submittal process itself, thus reducing the burden with submitting best available monitoring method requests to the EPA. EPA has developed a web form in the electronic greenhouse gas reporting tool (eGGRT) that allows submitters to enter information according to rule requirements.  After an initial request has been submitted, eGGRT stores the information in that request and the owner or operator can use the stored information as the basis for a new request in subsequent reporting years.
Finally, some owners or operators might be concerned that they will have to submit a best available monitoring method request earlier in the year and that unforeseen circumstances could arise later on in the year. Because it will be the fourth year of implementation of Subpart W of the GHGRP, the EPA expects such a scenario to be highly unlikely.  However, should such a scenario arise, the Agency does have authority to review a request received after the deadline.  Thus, in cases of uncertainty, if the reporter anticipates  the potential need for best available monitoring methods and the situation is unresolved at the time of the  deadline, under 40 CFR 98.234(f)(1) owners or operators may elect to submit written notice of the potential situation by the June 30 deadline through the eGGRT system.
As noted previously, the EPA anticipates that this amendment would result in greater certainty to reporters choosing to submit best available monitoring method requests to the EPA for use in future years.
III. Statutory and Executive Order Reviews
A.  Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
This action is not a "significant regulatory action" under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).
B.  Paperwork Reduction Act
This action does not impose any new information collection burden.  This amendment affects a provision in the rule related to the date of submission for best available monitoring method requests and does not affect what is submitted in those request or any associated burden with submitting those requests.  However, the Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations, 40 CFR 98 Subpart W (75 FR 74458), under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0651.  The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C.  Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.  Small entities include small businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small entities, small entity is defined as: (1) a small business as defined by the Small Business Administration's regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
After considering the economic impacts of these rule amendments on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analysis is to identify and address regulatory alternatives "which minimize any significant economic impacts of the rule on small entities." 5 U.S.C. 603 and 604. Thus, an agency may certify that the rule will not have a significant economic impact on a substantial number of small entities if the rule relives regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. EPA anticipates that this amendment would result in greater certainty to reporters choosing to submit best available monitoring method requests to the EPA for use in future years.
D.  Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531 - 1538, requires Federal agencies, unless otherwise prohibited by law, to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector.  Federal agencies must also develop a plan to provide notice to small governments that might be significantly or uniquely affected by any regulatory requirements.  The plan must enable officials of affected small governments to have meaningful and timely input in the development of the EPA regulatory proposals with significant Federal intergovernmental mandates and must inform, educate, and advise small governments on compliance with the regulatory requirements.
This action does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year.  Thus, the amendments in this action are not subject to the requirements of section 202 and 205 of the UMRA.  This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments.
E.  Executive Order 13132: Federalism
This action does not have federalism implications.  It will not have substantial direct effects 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, as specified in Executive Order 13132.
This action applies to an optional provision in the final rule for Subpart W, which in turn applies to petroleum and natural gas facilities that emit greenhouse gases.  Few, if any, State or local government facilities would be affected.  This action also does not limit the power of States or localities to collect GHG data and/or regulate GHG emissions.  Thus, Executive Order 13132 does not apply to this action.
F.  Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000).  Further, this action would not result in any changes to the current requirements of 40 CFR part 98 Subpart W and only applies to optional provisions in 40 CFR part 98 Subpart W.  Thus, Executive Order 13175 does not apply to this action.
Although Executive Order 13175 does not apply to this action, the EPA sought opportunities to provide information to Tribal governments and representatives during the development of the rule for Subpart W promulgated on November 30, 2010.  A summary of the EPA's consultations with Tribal officials is provided in Sections VIII.E and VIII.F of the preamble to the 2009 final rule and Section IV.F of the preamble to the 2010 final rule for Subpart W (75 FR 74485).
G.  Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation.  This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks.
H.  Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866.
I.  National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical.  Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies.  NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.
This action does not involve technical standards.  Therefore, EPA is not considering the use of any voluntary consensus standards.
J.  Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice.  Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
The EPA has determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment because it is a rule addressing information collection and reporting procedures.
K.  Congressional Review Act
The Congressional Review At, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 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 rule and the required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the U.S. 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).  This rule is effective on [INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER] without further notice, unless the EPA receives adverse comment by [INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER].  If the EPA receives adverse comment by [INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER], the EPA will publish a timely withdrawal notice in the Federal Register to inform the public that this rule will not take effect.

List of Subjects in 40 CFR Part 98
Environmental Protection, Administrative practice and procedures, Air pollution control, Greenhouse gases, Monitoring, Reporting and recordkeeping requirements.

Date:

Lisa P. Jackson,
Administrator.

For the reasons discussed in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows:
PART 98-[AMENDED]
1.  The authority citation for part 98 continues to read as follows:
      Authority:  42 U.S.C. 7401 - 7671q.
Subpart-W [Amended]
2.  Section 98.234 is amended by revising paragraph (f)(8)(i) to read as follows:
§98.234 Monitoring and QA/QC Requirements
*	*	*	*	*
(f)	*	*	*
(8)  *    *    *
	(i) Timing of Request. EPA does not anticipate a need for best available monitoring methods beyond 2011, but for all reporting years after 2011, best available monitoring methods will be considered for unique or unusual circumstances which include data collection methods that do not meet safety regulations, technical infeasibility, or counter to other local, State, or Federal regulations. For use of best available monitoring methods in 2012, an initial notice of intent to request best available monitoring methods must be submitted by December 31, 2011. Any notice of intent submitted prior to the effective date of this rule cannot be used to meet this December 31, 2011 deadline; a new notice of intent must be signed and submitted by the designated representative. In addition to the initial notification of intent, owners or operators must also submit an extension request containing the information specified in 98.234(f)(8)(ii) by March 30, 2012. Any best available monitoring methods request submitted prior to the effective date of this rule cannot be used to meet the March 30, 2012 deadline; a new best available monitoring methods request must be signed and submitted by the designated representative. Owners or operators that submit both a timely notice of intent and extension request consistent with 98.234(f)(8)(ii) can automatically use best available monitoring method through June 30, 2012, for the specific parameters identified in their notification of intent and best available monitoring methods request regardless of whether the best available monitoring methods request is ultimately approved. Owners or operators that submit a notice of intent but do not follow up with a best available monitoring methods request by March 30, 2012 cannot use best available monitoring methods in 2012. For 2012, when an owner or operator has submitted a notice of intent and a subsequent best available monitoring method extension request, use of best available monitoring methods will be valid, upon approval by the Administrator, until the date indicated in the approval or until December 31, 2012, whichever is earlier. For reporting years after 2012, a new request to use best available monitoring methods must be submitted by June 30th of the year prior to the reporting year for which use of best available monitoring methods is sought.
*	*	*	*	*


[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Notices]
[Pages 46139-46141]
[FR Doc No: 2012-18892]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67517; File No. SR-BX-2012-057]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Modify
the Post-Only Order Type on BX Options

July 27, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 24, 2012, NASDAQ OMX BX, Inc. (``BX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

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

    A proposal for the BX Options market (``BX Options'') to add an
additional feature to the Post-Only Order type.
    The text of the proposed rule change is available at http://nasdaqomxbx.cchwallstreet.com/, at BX's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item III below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    A Post-Only Order is an order that will not remove liquidity from
the System and is to be ranked and executed on the Exchange or
cancelled, as appropriate, without routing away to another market.\3\
Currently, Post-Only Orders are evaluated at the time of entry with
respect to locking or crossing other orders as follows: (i) If a Post-
Only Order would lock or cross an order on the System, the order will
be re-priced to $.01 below the current low offer (for bids) or above
the current best bid (for offers) and displayed by the System at one
minimum price increment below the current low offer (for bids) or above
the current best bid (for offers); and (ii) if a Post-Only Order would
not lock or cross an order on the System but would lock or cross the
National Best Bid or Offer (``NBBO'') as reflected in the protected
quotation of another market center, the order will be handled pursuant
to Chapter VI, Section 7(b)(3)(C).\4\ Post-Only Orders received prior
to the opening cross or after market close will be rejected. Post-Only
Orders may not have a time-in-force designation of Good Til Cancelled
or Immediate or Cancel.
---------------------------------------------------------------------------

    \3\ See BX Options Rules, Chapter VI, Section 1(e)(11).
Securities Exchange Act Release No. 67256 (June 26, 2012), 77 FR
39277 (July 2, 2012) (SR-BX-2012-030) (Approving the establishment
of the BX Options market).
    \4\ An order will not be executed at a price that trades through
another market or displayed at a price that would lock or cross
another market. An order that is designated by the member as
routable will be routed in compliance with applicable Trade-Through
and Locked and Crossed Markets restrictions. An order that is
designated by a member as non-routable will be re-priced in order to
comply with applicable Trade-Through and Locked and Crossed Markets
restrictions.
---------------------------------------------------------------------------

    At this time, the Exchange proposes to permit firms to have their
Post-Only Orders returned whenever the order would lock or cross the
NBBO.\5\ Similarly, if the Post-Only Order would be placed on the book
at a price other than its limit price, if the Participant so chooses,
it will be returned. This includes situations where the Post-Only Order
would lock or cross another order on the System, but also covers any
situation where order is placed on the book at a price other than its
limit price. The Exchange believes that this implementation will
satisfy the needs of its Participants, because it will give them
greater control over the circumstances in which their orders are
executed. The Exchange will announce the implementation date to its
membership by Options Trader Alert.
---------------------------------------------------------------------------

    \5\ If the Participant does not affirmatively elect the return
feature, the default setting is that the Post-Only Order will not be
returned by the new feature, but will instead be handled under the
existing rule.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ 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 mechanisms of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. BX believes that permitting
Participants to have Post-Only Orders returned is consistent with just
and equitable principles of trade and protects investors and the public
interest, because Participants, who have requested this feature, may
prefer to submit the order to another options exchange, for fee or
other reasons, rather than leave the order on BX Options. Additionally,
a Participant may expect the order to post at its limit price based on
its view of the current state of the market. Due to its dynamic nature,
however, the state of the market may change by the time the order is
received by BX Options, resulting in the order being placed on the book
at a price other than its limit price. In this case, the Participant
would rather have the order returned so that it can reevaluate the
market and make a new routing decision. In order to accommodate this
request, BX is proposing the new feature for returning Post-Only
Orders. The purpose of the Post-Only Order is to avoid removing
liquidity and the resulting execution costs; with the proposed ability
to have the order returned, Participants should have greater control
over the execution and display of such order.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\ At any time within 60 days of the filing of such
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

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-BX-2012-057 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-057. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2012-057 and should be
submitted on or before August 23, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-18892 Filed 8-1-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17727-17729]
[FR Doc No: 2013-06609]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69164; File No. SR-ISE-2013-07]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Approving Proposed Rule Change To Amend International
Securities Exchange, LLC Amended and Restated Constitution

March 18, 2013.

I. Introduction

    On January 13, 2013, the International Securities Exchange, LLC
(``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend its Amended and Restated
Constitution \3\ (the ``ISE Constitution'') to declassify the Non-
Industry Directors of the board of directors, change the term of the
Non-Industry Directors and the Former Employee Director to a one-year
term, and eliminate the three-term limit for the Former Employee
Director. The proposed rule change was published for comment in the
Federal Register on February 1, 2013.\4\ The Commission received no
comments on the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amended and Restated Constitution of International
Securities Exchange, LLC (last amended December 28, 2007).
    \4\ See Securities Exchange Act Release No. 68740 (January 28,
2013), 78 FR 7470 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    As described more fully in the Notice, the Exchange's proposal
would amend the ISE Constitution to: (i) Declassify the Non-Industry
Directors (including the Public Directors) of the Board; (ii) change
the term of the Non-Industry Directors (including the Public Directors)
and the Former Employee Director to a one-year term, subject to re-
election; and (iii) eliminate the three-term limit for the Former
Employee Director.
    Currently, Section 3.2(c) of the ISE Constitution requires, in
part, that both Non-Industry Directors (including the Public Directors)
\5\ and Exchange Directors \6\ be classified into two classes
designated as Class I and Class II directors, and that all Directors
(including the Former Employee Director) \7\ serve two-year terms,
subject to re-election.
---------------------------------------------------------------------------

    \5\ Section 3.2(b)(iv) of the ISE Constitution requires that the
Board be composed of eight Non-Industry Directors (at least two of
which are Public Directors) elected by the Sole LLC Member.
    \6\ Section 3.2(b)(i)-(iii) of the ISE Constitution requires
that the Board be composed of six Exchange Directors elected by the
holders of Exchange Rights.
    \7\ Section 3.2(b)(vi) of the ISE Constitution allows the Sole
LLC Member, in its sole and absolute discretion, elect one
additional director who shall meet the requirements of ``Non-
Industry Directors,'' except that such person was employed by the
Exchange at any time during the three-year period prior to his or
her initial election.
---------------------------------------------------------------------------

    ISE has proposed to amend Section 3.2(c) of the ISE Constitution
to: (i) Remove any reference to Class I directors or Class II directors
for Non-Industry Directors (including Public Directors); and (ii) state
that the Non-Industry Directors (including the Public Directors) would
hold office for a one-

year term, subject to annual re-election for additional terms. In the
Notice, ISE noted that the rule change would not affect the manner of
election of Non-Industry Directors (including the Public Directors),
who would continue to be elected by the Sole LLC Member at each annual
meeting of the Sole LLC Member and the holders of Exchange Rights in
accordance with Section 3.2 of the ISE Constitution.
    Similarly, ISE has proposed to modify the term of the Former
Employee Director so that any such director shall hold office for a
one-year term, subject to re-election, and to make conforming technical
changes to the applicable parts of Section 3.2(c).
    Finally, the proposal would eliminate the three-term limit for the
Former Employee Director.\8\ In the Notice, ISE observed that, with
these modifications, the Former Employee Director would qualify to
become a Non-Industry Director after serving on the Board of Directors
for three years as he or she would no longer have been employed by the
Exchange in the previous three-year period after his or her initial
election. As such, according to ISE, there would no longer be a need
for the three-term limit.
---------------------------------------------------------------------------

    \8\ Section 3.2(e)(iv) of the Constitution provides that a
Former Employee Director may not serve on the Board of Directors for
more than three consecutive terms. Any such director may be eligible
for election as a director following a two-year hiatus from service
on the Board of Directors, provided, that he or she meets the
director qualifications pursuant to Section 3.2(b).
---------------------------------------------------------------------------

    According to ISE, the declassification of the Non-Industry
Directors, and the institution of a one-year term for Non-Industry
Directors and the Former Employee Director, subject to re-election,
would allow the Exchange to align its Board structure in accordance
with corporate governance best practices guidelines that advocate the
repeal of classified or staggered boards and the institution of annual
elections of directors. The best practices cited by ISE include, but
are not limited to, the Institutional Shareholder Services Proxy Voting
Guidelines, the CalPERS Core Principles of Accountable Corporate
Governance, the TIAA-CREF Policy Statement on Corporate Governance, and
the AFI-CIO Proxy Voting Guidelines. Although ISE has only one
shareholder, as opposed to many shareholders in a public company, the
Exchange nonetheless stated its belief that adherence to the
aforementioned corporate governance best practices guidelines would be
beneficial to the Exchange in that they would provide for flexibility,
transparency, and accountability for the sole shareholder and,
ultimately, for the members of the Exchange and the customers of the
Exchange members. According to ISE, the proposed modifications to the
ISE Constitution would provide ISE with the most flexibility to
structure the board of directors in a way that is most effective for:
(i) Attracting and keeping Non-Industry Directors and the Former
Employee Director who provide valuable insight and knowledge to the
Board; (ii) providing the Sole LLC Member with the ability to evaluate
and hold accountable Non-Industry Directors and the Former Employee
Director on an annual basis; and (iii) removing an underperforming,
inactive, or ineffective Non-Industry Director or Former Employee
Director who may be detrimental to the enhancement of long-term
corporate value.
    In the Notice, ISE noted, however, that it was not proposing any
changes to the current requirements in the ISE Constitution that
specify that Exchange Directors serve two-year terms in a classified
manner. The Exchange stated its belief that the current structure
continues to be an effective and practical mechanism for ensuring
continuity and fair representation of the Exchange's membership on the
Board. ISE further noted that Exchange Directors represent the
membership of the Exchange on the Board of Directors. Due to the
connection between the Exchange's business and each Exchange Director's
underlying business, ISE also stated that it believes that Exchange
Directors provide a very different perspective from the Non-Industry
Directors and the Former Employee Director. Specifically, according to
ISE, Exchange Directors not only have an interest in seeing certain
Exchange initiatives through to implementation, but are uniquely
positioned to offer valuable feedback on such initiatives directly to
the Board of Directors. Given the regulatory nature of the Exchange's
business and the extended period of time necessary to see initiatives
through to implementation, the Exchange stated that a term longer than
one year is necessary for Exchange Directors to achieve the full
benefit of participation of the Board. The Exchange also noted that the
classified structure of the Exchange Directors allows for a more
consistent representation of the Exchange's membership on the Board of
Directors. By never having a whole slate of new Exchange Directors join
the Board at the same time, the Exchange stated its belief that the
classified structure allows incumbent Exchange Directors to provide
leadership and continuity to new Exchange Directors and the Board of
Directors, as a whole.
    As to implementation, under the Exchange's proposal, the
declassification changes to the Board of Directors would be implemented
through a process in which each current Non-Industry Director
(including the Public Directors) will serve out the remainder of his or
her two-year term, and any subsequent election or re-election of a Non-
Industry Director (including any Public Director) vacancy will be for a
one-year term. ISE noted that this process would result in all Non-
Industry directors being declassified at the conclusion of the
Exchange's 2014 annual meeting.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\9\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(1) of the Act,\10\ which requires, among
other things, that an exchange be so organized and have the capacity to
be able to carry out the purposes of the Act and (subject to any rule
or order of the Commission pursuant to Section 17(d) or 19(g)(2) of the
Exchange Act) to enforce compliance by its members and persons
associated with its members with the provisions of the Exchange Act,
the rules and regulations thereunder, and the rules of the Exchange and
consistent with Section 6(b)(5) of the Act,\11\ which requires that the
rules of an exchange be designed, among other things, to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(1).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    ISE has proposed, in part, to declassify the Non-Industry Directors
(including the Public Directors) of the ISE board. The Commission finds
the declassification of the Non-Industry Director members (including
the Public Directors) of the ISE board in the manner proposed to be
consistent with other self-regulatory organization

governance structures that were approved by the Commission.\12\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Nos. 56955 (December 13, 2007);
72 FR 71979, 71981 fn. 33 (December 19, 2007) (File No. SR-ISE-2007-
101) (approving declassification the board for ISE's parent,
International Securities Exchange Holdings, Inc.); 51741 (May 25,
2005); 70 FR 31558 (June 1, 2005) (File No. SR-NASD-2005-054)
(approving declassification of the board for NASD).
---------------------------------------------------------------------------

    Moreover, ISE has proposed, in part, to change the term of the Non-
Industry Directors (including the Public Directors) and the Former
Employee Director to a one-year term, subject to re-election. The
Commission finds the one-year term for Non-Industry Directors
(including the Public Directors) and for the Former Employee Director
to be consistent with the Act.
    The Commission notes that the elimination of the term limit for the
Former Employee Director will have no practical effect on board
composition at ISE. As proposed, an ISE director who serves as the
Former Employee Director for three years will have been, by definition,
a former employee of ISE for those three years, and could thereby meet
the requirements to serve as a Non-Industry Director. The Commission
finds the elimination of this term limit to be consistent with the Act.
    Finally, the Commission notes that ISE will not be making any other
changes to its governance structure other than those specifically
described in this filing. Under the proposed rule change, the ISE
Constitution would continue to provide that eight of the members of the
Exchange's board of directors--out of a maximum total of 16 members--
must be non-industry representatives. This proposed balance with
respect to the composition of the Exchange's Board is consistent with
other self-regulatory organization governance structures that were
approved by the Commission,\13\ and the Commission continues to believe
that this board composition is consistent with the Act.
---------------------------------------------------------------------------

    \13\ See, e.g., Securities Exchange Act Release No. 54494
(September 25, 2006), 71 FR 58023 (October 2, 2006) (File No. SR-
CHX-2006-23). See also Securities Exchange Act Release No. 56211
(August 6, 2007); 72 FR 45287 (August 13, 2007) (File No. SR-ISE-
2007-34).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-ISE-2013-07) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-06609 Filed 3-21-13; 8:45 am]
BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ OAQPS/ ESD 2. OMB control number b. G None a. 2060 0373 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Control Technology Determinations for Constructed or Reconstructed Major Sources of Hazardous Air Pollutants ( 40 CFR part 63, subpart B) ( Renewal)

8. Agency form number( s) ( If applicable) 1658.04 9. Keywords Reporting and recordkeeping requirements, air pollution control 10. Abstract Owners or operators who construct or reconstruct major sources of hazardous air pollutants must apply for a case by case control determination under CAA section 112( g). State or local agencies will review applications submitted by sources, and determine the required level of control. The EPA will review a percentage of the determinations in order to provide oversight.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 150 b. Total annual responses 100 1. Percentage of these responses collected electronically 0 % c. Total hours requested 36,800 d. Current OMB inventory 92,210 e. Difference ( 55,410)

f. Explanation of difference 1. Program Change 0 2. Adjustment ( 55,410) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 4 c. Total annualized cost requested 4 d. Current OMB inventory 0 e. Difference 4 f. Explanation of difference 1. Program change 0 2. Adjustment 4 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) One time 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Maria Noell Phone: 919 541 5607 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Proposed Rules]
[Pages 75949-75951]
[FR Doc No: 2010-30615]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1161]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part 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). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before March 7, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1161, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, 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. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.

    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)
                                                                 Depth in feet  above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation**           Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Cheboygan County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black Lake..........................  Entire shoreline within         None         +616  Township of Waverly.
                                       community.
Black River.........................  Approximately 2.69              None         +612  Township of Aloha.
                                       miles downstream of
                                       North Black River Road.
                                      Approximately 1.13              None         +613
                                       miles downstream of
                                       North Black River Road.
Lake Huron..........................  Entire shoreline within         None         +583  Township of Beaugrand,
                                       community.                                         Township of Benton,
                                                                                Township of Mackinaw.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Township of Aloha
Maps are available for inspection at the Aloha Township Hall, 3012 North M-33, Cheboygan, MI 49721.

Township of Beaugrand
Maps are available for inspection at the Beaugrand Township Hall, 1999 Old Mackinaw Road, Cheboygan, MI 49721.

Township of Benton
Maps are available for inspection at the Benton Township Hall, 5012 Orchard Beach Road, Cheboygan, MI 49721.

Township of Mackinaw
Maps are available for inspection at the Mackinaw Township Hall, 1095 Wallick Road, Mackinaw City, MI 49701.

Township of Waverly
Maps are available for inspection at the Waverly Township Hall, 11133 Twin School Road, Onaway, MI 49765.
----------------------------------------------------------------------------------------------------------------

                              Mille Lacs County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mille Lacs Lake.....................  Entire shoreline within         None        +1254  City of Wahkon,
                                       community.                                         Unincorporated Areas
                                                                                of Mille Lacs County.
Rum River (Lower Reach).............  Approximately 2.25              None         +962  Unincorporated Areas of
                                       miles downstream of                                Mille Lacs County.
                                       State Highway 95.
                                      Approximately 0.82 mile         None         +967
                                       upstream of State
                                       Highway 95.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.

 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Wahkon
Maps are available for inspection at City Hall, 151 2nd Street East, Wahkon, MN 56386.

                                    Unincorporated Areas of Mille Lacs County
Maps are available for inspection at the Mille Lacs County Courthouse Annex, 246 6th Avenue Southeast, Milaca,
 MN 56353.
----------------------------------------------------------------------------------------------------------------

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

    Dated: November 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-30615 Filed 12-6-10; 8:45 am]
BILLING CODE 9110-12-P