[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Notices]
[Pages 31429-31430]
[FR Doc No: 2015-13378]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75058; File No. SR-FINRA-2015-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Clarify the Scope of the Definition of ``Asset-
Backed Security'' for Purposes of Reporting to FINRA's Trade Reporting
and Compliance Engine (TRACE) System

May 28, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on May 19, 2015, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to clarify the scope of the definition of
``Asset-Backed Security'' for purposes of reporting to FINRA's Trade
Reporting and Compliance Engine (TRACE) system.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA 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
    On November 13, 2013, FINRA proposed a revised definition of
``Asset-Backed Security'' in Rule 6710 and also proposed new
supplementary material to provide further guidance on the intended
scope of the definition.\4\ In Amendment No. 1 to the Proposal, FINRA
modified the definition of ``Asset-Backed Security'' to provide that
the term excludes any securitized product backed by ``residential or
commercial mortgage loans, mortgage-backed securities, or other
financial assets derivative of mortgage-backed securities.'' \5\
However, a corresponding change to the supplementary material to delete
such security types from the scope of Asset-Backed Security was not
made at that time. FINRA is now proposing to amend Supplementary
Material .01 of Rule 6710 to make clear that home equity loans and home
equity lines of credit are not within the scope of the defined term
``Asset-Backed Security.'' \6\
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    \4\ See Securities Exchange Act Release No. 70906 (November 20,
2013), 78 FR 70602 (November 26, 2013) (Notice of Filing of File No.
SR-FINRA-2013-046) (``Proposal'').
    \5\ See Amendment No. 1 to SR-FINRA-2013-046.
    \6\ TRACE dissemination of additional Asset-Backed Securities
will begin on June 1, 2015. See Regulatory Notice 14-34 (August
2014).
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    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date of the proposed rule change will
be June 1, 2015.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\7\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
clarify the intended scope and operation of the amendments adopted by
SR-FINRA-2013-046 by making clear that home equity loans and home
equity lines of credit are not within the scope of the definition of
``Asset-Backed Security.''
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    \7\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change
clarifies the intended operation of an existing rule.

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 foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \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), FINRA 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.
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    FINRA has requested that the Commission waive the requirement that
the rule change, by its terms, not become operative for 30 days after
the date of the filing as set forth in Rule 19b-4(f)(6)(iii),\10\ so
that the proposal may become operative on June 1, 2015, which is the
date that TRACE dissemination of the additional Asset-Backed Securities
information will begin. The Commission notes that the proposed rule
change, by making a conforming change to Supplementary Material .01 of
Rule 6710, would clarify the definition of Asset-Backed Security in
that Rule. The Commission notes that without such a waiver there could
be a period of time during which

Supplementary Material .01 and Rule 6710 are inconsistent and, as a
result, there could be some ambiguity about the operative definition of
Asset-Backed Security. Therefore, the Commission believes that waiving
the operative delay for the proposed rule change and allowing it to be
implemented on June 1, 2015, which is the date that the definition of
Asset-Backed Security in Rule 6710 is effective and TRACE dissemination
of Asset-Backed Security information begins, would be appropriate in
the public interest and consistent with the protection of investors.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6)(iii).
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    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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-012 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-FINRA-2015-012. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S. C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of FINRA. 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-FINRA-2015-012 and should be
submitted on or before June 23, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-13378 Filed 6-1-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Notices]
[Page 442]
[DOCID:fr06ja09-29]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13258-000]

Bexar-Medina-Atascosa Counties Water Control and Improvement
District No. 1; Notice of Preliminary Permit Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

December 30, 2008.
    On July 15, 2008 and supplemented on October 24, 2008, Bexar-
Medina-Atascosa Counties Water Control and Improvement District No. 1
filed an application, pursuant to section 4(f) of the Federal Power
Act, proposing to study the feasibility of the BMA Irrigation System
Hydroelectric Project. The proposed project would be located on the
Medina River and BMA Canal in Castroville and Medina Counties, Texas.
    The proposed BMA Irrigation System Hydroelectric Project would
consist of:

Lake Medina Dam

    (1) An existing 1,550-foot-long, 164-foot-high concrete dam; (2) an
existing Medina Lake upper reservoir having a surface area of 5,575
acres and a storage capacity of 25,400-acre-feet and normal water
surface elevation of 1,064 feet mean sea level; (3) a proposed 160-
foot-long steel penstock (100 feet existing and 60 feet new); (4) a
proposed powerhouse containing one generating unit having an installed
capacity of 1.5-megawatts; (5) a proposed tailrace; (6) a proposed 4-
mile-long, 138 kV transmission line; and (7) appurtenant facilities.
The proposed BMA Irrigation System would have an average annual
generation of 5.2-gigawatt-hours.

Diversion Lake Dam

    (1) A proposed 450-foot-long, 51-foot-high Diversion Lake Dam; (2)
a proposed Diversion Lake lower reservoir having a surface area of 177
acres and a storage capacity of 4,500-acre-feet and normal water
surface elevation of 926 feet mean sea level; (3) a proposed 100-foot-
long steel penstock; (4) a proposed powerhouse containing one
generating unit having an installed capacity of .5 megawatts; (5) a
proposed tailrace; (6) a proposed 8.4-mile-long, 138 kV transmission
line; and (7) appurtenant facilities. The proposed BMA Irrigation
System would have an average annual generation of 2.5-gigawatt-hours.
    Applicant Contact: Mr. Ed Berger, Bexar-Medina-Atascosa Counties
Water Control and Improvement District No. 1, P.O. Box 170, Natalia, TX
78059; phone<PHONE_NUMBER>.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13258) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-31433 Filed 1-5-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Page 55280]
[FR Doc No: 2020-19615]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2771-000]

Guzman Western Slope 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
Guzman Western Slope 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 September 21, 2020.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 31, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-19615 Filed 9-3-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39743-39745]
[FR Doc No: 2022-14196]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0147; Project Identifier MCAI-2021-01022-T;
Amendment 39-22095; AD 2022-13-09]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series airplanes,
and Model A300 C4-605R Variant F airplanes (collectively called Model
A300-600 series airplanes). This AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary.
This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 9, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 9,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0147.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0147; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0204, dated September 14, 2021
(EASA AD 2021-0204) (also referred to as the MCAI), to correct an
unsafe condition for all Model A300-600 series airplanes.
    EASA AD 2021-0204 specifies that it requires certain tasks
(limitations) already required by EASA AD 2019-0090, dated April 26,
2019 (which corresponds to FAA AD 2019-21-01, Amendment 39-19767 (84 FR
56935, October 24, 2019) (AD 2019-21-01)), and invalidates (terminates)
prior instructions for those tasks. This AD, for AD 2019-21-01,
terminates the limitation for the tasks identified in the service
information referred to in EASA AD 2021-0204 only.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-
605R Variant F airplanes (collectively called Model A300-600 series
airplanes). The NPRM published in the Federal Register on February 24,
2022 (87 FR 10315). The NPRM was prompted by a determination that new
or more restrictive airworthiness limitations are necessary. The NPRM
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in EASA AD 2021-0204.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Airline Pilots Association,
International (ALPA), who supported the NPRM without change. The FAA
also received a comment from FedEx Express, who stated the requirements
in the NPRM would not adversely impact operations.
    The FAA received an additional comment from UPS Airlines. The
following presents the comment received on the NPRM and the FAA's
response.

Request To Combine Multiple Rulings

    UPS Airlines requested that the incorporation of Airworthiness
Limitations Section (ALS) Part 2 Variations 3.3 through 3.6 be combined
into a single proposed rule. UPS Airlines stated their preference for a
single rule that would encompass all released ALS Part 2, Revision 03,
variations 3.1 through 3.6, and supersede current FAA AD 2020-23-11.
UPS asserted that multiple active rules for the same program
requirements place an unnecessary compliance tracking burden on
operators for the hundreds of tasks within the ALS program, with no
enhancement or benefit to fleet airworthiness.
    The FAA does not agree with the requested change. The state of
design initiated separate actions. If the ALS changes were combined by
the FAA unilaterally it would delay the rulemaking activity and thus
delay making the ALS changes mandatory. This AD has not been changed
with regard to this request.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0204 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD would affect 118 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-

hours per operator, although the agency recognizes that this number may
vary from operator to operator. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

    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 airworthiness
directive:

2022-13-09 Airbus SAS: Amendment 39-22095; Docket No. FAA-2022-0147;
Project Identifier MCAI-2021-01022-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 9, 2022.

(b) Affected ADs

    This AD affects AD 2019-21-01, Amendment 39-19767 (84 FR 56935,
October 24, 2019) (AD 2019-21-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (2) Model A300 B4-605R and B4-622R airplanes.
    (3) Model A300 F4-605R and F4-622R airplanes.
    (4) Model A300 C4-605R Variant F series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0204, dated September 14, 2021 (EASA AD 2021-0204).

(h) Exceptions to EASA AD 2021-0204

    (1) Where EASA AD 2021-0204 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0204 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0204 specifies revising ``the
approved AMP [aircraft maintenance program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2021-0204 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2021-0204, or within 90 days after the effective date of
this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) of EASA AD 2021-
0204 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0204 does not apply
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2021-0204.

(j) Terminating Action for AD 2019-21-01

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-21-01, for the tasks
identified in the service information referred to in EASA AD 2021-
0204 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are

not identified as RC are recommended. Those procedures and tests
that are not identified as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the
procedures and tests identified as RC can be done and the airplane
can be put back in an airworthy condition. Any substitutions or
changes to procedures or tests identified as RC require approval of
an AMOC.

(l) Related Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St, Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0204,
dated September 14, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0204, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-14196 Filed 7-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Notices]
[Page 38180]
[DOCID:fr31jy09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-20-002]

Enbridge Pipelines (Louisiana Intrastate) L.L.C.; Notice of
Filing

July 27, 2009.
    Take notice that on July 23, 2009, Enbridge Pipelines (Louisiana
Intrastate) L.L.C. filed its Statement of Operating Conditions in
compliance with the July 16, 2009 Letter Order and pursuant to section
284.123(e) of the Commission's regulations. Louisiana Intrastate states
that it made revisions to include a stand-alone statement of rates.
    Any person desiring to participate in this proceeding must file a
motion to intervene or a protest in accordance with Rules 211 and 214
of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the date as indicated below. Anyone filing an intervention or
protest must serve a copy of that document on the Applicant. Anyone
filing an intervention or protest on or before the intervention or
protest date need not serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-18295 Filed 7-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56186-56188]
[FR Doc No: 2019-22886]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC20-8-000.
    Applicants: Rosewater Wind Farm LLC, RoseWater Wind Generation LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Rosewater Wind Farm LLC, et al.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5213.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: EC20-9-000.
    Applicants: GenOn Mid-Atlantic, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of GenOn Mid-Atlantic, LLC.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5215.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: EC20-10-000.
    Applicants: Prairie Wind Transmission, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Prairie Wind Transmission, LLC.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5289.
    Comments Due: 5 p.m. ET 11/5/19.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-9-000.
    Applicants: Reading Wind Energy, LLC.
    Description: Notice of Self-Certification of Reading Wind Energy,
LLC.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5250.
    Comments Due: 5 p.m. ET 11/1/19.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-2345-001; ER10-2821-006; ER10-2834-006; ER11-
2904-005; ER11-2905-005; ER12-1329-006; ER12-2145-006; ER17-1438-001;
ER17-987-002.
    Applicants: EC&R Energy Marketing, LLC, EC&R O&M, LLC, Iron Horse
Battery Storage, LLC, Munnsville Wind Farm, LLC, Pioneer Trail Wind
Farm, LLC, Radford's Run Wind Farm, LLC, Settlers Trail Wind Farm, LLC,
Stony Creek Wind Farm, LLC, Wildcat Wind Farm I, LLC.

    Description: Notice of Non-Material Change in Status of RWE MBR
Entities.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5197.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: ER19-2081-001.
    Applicants: Midcontinent Independent System Operator, Inc.,
Michigan Electric Transmission Company, LLC, Consumers Energy Company.
    Description: Compliance filing: 2019-10-15_SA 1926 & SA 3315
Compliance Filing for METC-CE DTIA and TSA to be effective 9/30/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5260.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER19-2508-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 3215R6 People's Electric Cooperative
NITSA NOA-Amended to be effective 7/1/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5174.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-91-000.
    Applicants: Duke Energy Kentucky, Inc.
    Description: Petition for Limited Waiver, et al. of Duke Energy
Kentucky, Inc.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5074.
    Comments Due: 5 p.m. ET 10/25/19.

    Docket Numbers: ER20-95-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2019-10-11 EIM
Implementation Agreement with BANC Phase 2 to be effective 12/11/2019.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5184.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: ER20-96-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession, Cost-
Based Full Requirements Agreements to be effective 12/10/2019.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5186.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: ER20-97-000.
    Applicants: New England Power Company.
    Description: Sec.  205(d) Rate Filing: Revisions to Appendices to
Large Generator IA with Great River Hydro, LLC to be effective 10/15/
2019.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5188.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: ER20-98-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession, Cost-
Based Vol. No. 20 Tariff to be effective 12/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5006.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-99-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Compliance filing: Notice of Succession & Refile
Baseline, OATT to be effective 12/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5007.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-100-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Balancing Accounts Update
2020 (TRBAA, RSBAA, ECRBAA) to be effective 1/1/2020.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5008.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-101-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 9/1/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5010.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-102-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Tariff Cancellation: Request for Cancellation, Westar
Energy's OATT Tariff Title Database to be effective 12/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5012.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-103-000.
    Applicants: Evergy Kansas South, Inc.
    Description: Baseline eTariff Filing: Baseline eTariff, Notice of
Succession & Request for Extension of Time to be effective 10/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5013.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-104-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Request for Waiver of Pacific Gas and Electric
Company.
    Filed Date: 10/11/19.
    Accession Number: 20191011-5190.
    Comments Due: 5 p.m. ET 11/1/19.

    Docket Numbers: ER20-105-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSCo-Nereo-GI-2016-15-E&P-
556-0.0.0 Filing to be effective 10/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5026.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-106-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) Rate Filing: ISO-NE 2020 Capital Budget
and Recovery of 2020 Administrative Costs to be effective 1/1/2020.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5120.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-107-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits Third Quarter 2019
Capital Budget Report.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5176.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-108-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3127R1 Montana-Dakota
Utilities Co. NITSA and NOA to be effective 12/1/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5185.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-109-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of ISA and
CSA Nos. 4538 and 4539, Queue No. AA2-085 to be effective 9/8/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5197.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-110-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Atkinson County S1 (Atkinson
Solar) LGIA Filing to be effective 9/30/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5207.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-111-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) Rate Filing: ISO-NE; Revised Tariff
Sheets for Recovery of Costs for 2020 Operation of NESCOE to be
effective 1/1/2020.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5209.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-112-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: BPA NITSA (SE Idaho Area)
Rev 4 to be effective 10/1/2019.
    Filed Date: 10/15/19.

    Accession Number: 20191015-5212.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-113-000.
    Applicants: Evergy Missouri West, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succesion, Rate
Schedules and Agreements to be effective 12/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5242.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-114-000.
    Applicants: Nevada Power Company.
    Description: Tariff Cancellation: Cancellation of Service Agreement
and Coordination Tariff (Volume No. 4) to be effective 12/15/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5275.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-115-000.
    Applicants: Southwestern Electric Power Company.
    Description: Informational Filing regarding postemployment benefits
other than pensions and post-employment benefits of Southwestern
Electric Power Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5276.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-116-000.
    Applicants: Evergy Metro, Inc.
    Description: Sec.  205(d) Rate Filing: Notice of Succession, Vol.
No. 4, Rate Schedules Agreements & Other Tariffs to be effective 12/16/
2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5279.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-117-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5490;
Queue No. AC1-071 to be effective 9/12/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5281.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-118-000.
    Applicants: San Diego Gas & Electric Company.
    Description: TO5 Formula Depreciation Rate Change For Common Plant
and Electric General Plant of San Diego Gas & Electric Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5284.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-119-000.
    Applicants: Dominion Energy South Carolina, Inc.
    Description: Sec.  205(d) Rate Filing: Second Amended IA Between
Southern Companies and DESC to be effective 6/15/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5283.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-120-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Annual Filing of Revised Costs and Accruals for Post-
Employment Benefits Other than Pensions of San Diego Gas & Electric
Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5286.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ER20-121-000.
    Applicants: Evergy Metro, Inc.
    Description: Tariff Cancellation: Request for Cancellation, KCP&L
Co. Vol 4 MBR Tariff Title Database to be effective 12/16/2019.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5287.
    Comments Due: 5 p.m. ET 11/5/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES20-2-000.
    Applicants: Baltimore Gas and Electric Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Baltimore Gas and Electric
Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5204.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ES20-3-000.
    Applicants: PECO Energy Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of PECO Energy Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5253.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ES20-4-000.
    Applicants: Delmarva Power & Light Company, Potomac Electric Power
Company.
    Description: Joint Application Under Section 204 of the Federal
Power Act for Authorization to Issue Securities of Delmarva Power &
Light Company and Potomac Electric Power Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5278.
    Comments Due: 5 p.m. ET 11/5/19.

    Docket Numbers: ES20-5-000.
    Applicants: Commonwealth Edison Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Commonwealth Edison Company.
    Filed Date: 10/15/19.
    Accession Number: 20191015-5291.
    Comments Due: 5 p.m. ET 11/5/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22886 Filed 10-18-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Page 55427]
[FR Doc No: 2022-19482]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-034]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS) Filed August
29, 2022 10 a.m. EST Through September 2, 2022 10 a.m. EST Pursuant to
40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20220132, Draft, BIA, NV, Yahthumb Solar Project, Comment
Period Ends: 10/24/2022, Contact: Chip Lewis<PHONE_NUMBER>.
EIS No. 20220133, Final, WAPA, AZ, ADOPTION--Final Environmental Impact
Statement and Proposed Resource Management Plan Amendments for the Ten
West Link Transmission Line Project, Contact: Mark Wieringa 720-962-
7448.

    The Western Area Power Administration (WAPA) has adopted the Bureau
of Land Management's Final EIS No. 20190223, filed 9/5/2019 with the
Environmental Protection Agency. The WAPA was a cooperating agency on
this project. Therefore, republication of the document is not necessary
under section 1506.3(b)(2) of the CEQ regulations.

    Dated: September 2, 2022.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2022-19482 Filed 9-8-22; 8:45 am]
BILLING CODE 6560-50-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2008-0595; FRL-        ]

Approval and Promulgation of Air Quality Implementation Plans;

District of Columbia; Reasonably Available Control Technology Under the
8-Hour Ozone National Ambient Air Quality Standard

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the District of Columbia.  This SIP revision consists of a
demonstration that the District of Columbia meets the requirements of
reasonably available control technology (RACT) for nitrogen oxides (NOx)
and volatile organic compounds (VOCs) set forth by the Clean Air Act
(CAA).  This SIP revision demonstrates that all requirements for RACT
are met either through:  Certification that previously adopted RACT
controls in the District of Columbia’s SIP that were approved by EPA
under the 1-hour ozone National Ambient Air Quality Standard (NAAQS) are
based on the currently available technically and economically feasible
controls, and that they continue to represent RACT for the 8-hour
implementation purposes; and a negative declaration demonstrating that
no facilities exist in the District of Columbia for the applicable
control technology guideline (CTG) categories.  This action is being
taken under the CAA.

EFFECTIVE DATE:  The final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0595.  All documents in the electronic docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.  Copies of the State submittal are
available at the District of Columbia Department of the Environment, 51
N Street N.E., 6th Floor, Washington, DC  20002.

FOR FURTHER INFORMATION CONTACT:  Patrick J. Egan,<PHONE_NUMBER>, or by
e-mail at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

I.  Background

On March 25, 2009 (75 FR 12778), EPA published a notice of proposed
rulemaking (NPR) for the District of Columbia.  The NPR proposed
approval of the requirements of RACT under the 8-hour Ozone NAAQS.  EPA
received no comments on the proposal to approve the District of Columbia
SIP revision.  The formal SIP revision was submitted by the District of
Columbia on September 22, 2008.

II. Summary of SIP Revision

On September 22, 2008, the District of Columbia Department of
Environment (DDOE) submitted a revision to its SIP that addresses the
requirements of RACT under the 8-hour ozone NAAQS set forth by the CAA.
The District of Columbia’s SIP revision is consistent with the process
in the Phase 2 Rule preamble, and satisfies the requirements of RACT set
forth by the CAA under the 8-hour ozone NAAQS.  The District of
Columbia’s SIP revision satisfies the 8-hour RACT requirements through
a certification that previously adopted RACT controls in the District of
Columbia’s SIP that were approved by EPA under the 1-hour ozone NAAQS
are based on the currently available technically and economically
feasible controls, and continues to represent RACT for the 8-hour
implementation purposes and a negative declaration demonstrating that
facilities exist in the District of Columbia for the applicable control
technology guideline (CTG) categories.

III. Final Action

EPA is approving the District of Columbia SIP revision that addresses
the requirements of RACT under the 8-hour ozone NAAQS.  The District of
Columbia’s SIP revision was submitted on September 22, 2008.

IV.  Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 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
CAA; and

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [Insert date 60 days from date of publication of
this document in the Federal Register].  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, pertaining to the District of Columbia’s RACT provisions
under the 8-hour ozone NAAQS, may not be challenged later in proceedings
to enforce its requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

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

__June 5, 2009____
____________/s/________________

Dated:                             		   		William C. Early,

Acting Regional Administrator,

Region III.

40 CFR part 52 is amended as follows:

PART 52 - [AMENDED]

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

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

Subpart J--District of Columbia

2.  In Section 52.470, the table in paragraph (e) is amended by adding
the entry for RACT under the 8-hour ozone NAAQS – District of Columbia
– at the end of the table to read as follows:

§ 52.470  		Identification of plan.

*		*		*		*		*

(e)* * *

Name of non-regulatory SIP revision	Applicable geographic area	State
submittal date	EPA approval date	Additional

explanation

*                    *                      *                   *
           *                 *                    *

RACT under the 8-Hour ozone NAAQS	District of Columbia 	9/22/08	[Insert
Federal Register] publication date] [Insert page number where the
document begins]

 PAGE

 PAGE  7


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Pages 38243-38245]
[FR Doc No: 2011-16229]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64735; File Nos. SR-BATS-2011-016; SR-BYX-2011-011; SR-
BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-2011-15; SR-
EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-NASDAQ-2011-067;
SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-2011-26; SR-NSX-2011-
06; SR-Phlx-2011-64]

Self-Regulatory Organizations; BATS Exchange, Inc.; BATS Y-
Exchange, Inc.; NASDAQ OMX BX, Inc.; Chicago Board Options Exchange,
Incorporated; Chicago Stock Exchange, Inc.; EDGA Exchange, Inc.; EDGX
Exchange, Inc.; Financial Industry Regulatory Authority, Inc.;
International Securities Exchange LLC; The NASDAQ Stock Market LLC; New
York Stock Exchange LLC; NYSE Amex LLC; NYSE Arca, Inc.; National Stock
Exchange, Inc.; NASDAX OMX PHLX LLC; Order Approving Proposed Rule
Changes Relating To Expanding the Pilot Rule for Trading Pauses Due to
Extraordinary Market Volatility to All NMS Stocks

 June 23, 2011.

I. Introduction

    On May 4, 2011 and May 5, 2011, each of BATS Exchange, Inc.
(``BATS''), BATS Y-Exchange, Inc. (``BYX''), NASDAQ OMX BX, Inc.
(``BX''), Chicago Board Options Exchange, Incorporated (``CBOE''),
Chicago Stock Exchange, Inc. (``CHX''), EDGA Exchange, Inc (``EDGA''),
EDGX Exchange, Inc. (``EDGX''), Financial Industry Regulatory
Authority, Inc. (``FINRA''), International Securities Exchange LLC
(``ISE''), The NASDAQ Stock Market LLC (``Nasdaq''), New York Stock
Exchange LLC (``NYSE''), NYSE Amex LLC (``NYSE Amex''), NYSE Arca, Inc.
(``NYSE Arca''), National Stock Exchange, Inc. (``NSX''), and NASDAX
OMX PHLX LLC (``Phlx'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) \1\ of the
Securities Exchange Act of 1934 (``Act''),\2\ and Rule 19b-4
thereunder,\3\ proposed rule changes to amend certain of their
respective rules to expand the trading pause pilot in individual stocks
to include all remaining NMS stocks, but to require wider percentage
price moves before a trading pause is triggered for the newly added
securities.\4\ The current trading pause pilot applies only to
securities that are included in the S&P 500[supreg] Index (``S&P
500''), the Russell 1000[supreg] Index (``Russell 1000'') or a select
group of Exchange Traded Products (``ETPs'').\5\ The proposed rule
changes were published for comment in the Federal Register on May 12,
2011.\6\ The Commission received no comments on the proposed rule
changes. On June 20, 2011 and June 21, 2011, the Exchanges and FINRA
filed amendments to their respective proposed rule changes.\7\ This
order approves the proposed rule changes, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ The term ``Exchanges'' shall refer collectively to all of
the national securities exchanges in this order.
     NMS stock means any NMS security other than an option. See 17
CFR 242.600(47). NMS security means any security or class of
securities for which transaction reports are collected, processed,
and made available pursuant to an effective transaction reporting
plan, or an effective national market system plan for reporting
transactions in listed options. See 17 CFR 242.600(46).
    \5\ On May 6, 2011, Phlx filed an amendment to its proposed rule
change. See Amendment No. 1 to SR-Phlx-2011-64 (noting that the
proposed rule change was approved by the Board of Directors of Phlx
on May 6, 2011). Amendment No. 1 to SR-Phlx-2011-64 is a technical
amendment and is not subject to notice and comment.
    \6\ See Securities Exchange Act Release Nos. 64435 (May 6,
2011), 76 FR 27684 (May 12, 2011); 64433 (May 6, 2011), 76 FR 27680
(May 12, 2011); 64427 (May 6, 2011), 76 FR 27704 (May 12, 2011);
64434 (May 6, 2011), 76 FR 27687 (May 12, 2011); 64431 (May 6,
2011), 76 FR 27683 (May 12, 2011); 64432 (May 6, 2011), 76 FR 27701
(May 12, 2011); 64428 (May 6, 2011), 76 FR 27702 (May 12, 2011);
64424 (May 6, 2011), 76 FR 27707 (May 12, 2011); 64423 (May 6,
2011), 76 FR 27677 (May 12, 2011); 64426 (May 6, 2011), 76 FR 27678
(May 12, 2011); 64420 (May 6, 2011), 76 FR 27675 (May 12, 2011);
64421 (May 6, 2011), 76 FR 27708 (May 12, 2011); 64422 (May 6,
2011), 76 FR 27691 (May 12, 2011); 64425 (May 6, 2011), 76 FR 27689
(May 12, 2011); 64419 (May 6, 2011), 76 FR 27678 (May 12, 2011).
    \7\ See Amendment No. 1 to SR-BATS-2011-016; SR-BYX-2011-011;
SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-2011-15;
SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-NASDAQ-2011-
067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-2011-26; and
SR-NSX-2011-06 and Amendment No. 2 to SR-Phlx-2011-64 (collectively,
the ``Implementation Date Amendments''). The Implementation Date
Amendments propose an implementation date of August 8, 2011 for the
proposed rule changes. In addition, Amendment No. 1 to the Nasdaq
filing corrects a typographical error in a cross-reference in the
proposed rule text. The Implementation Date Amendments are technical
amendments and are not subject to notice and comment.
---------------------------------------------------------------------------

II. Description of the Proposals

    On May 6, 2010, the U.S. equity markets experienced a severe
disruption.\8\ Among other things, the prices of a large number of
individual securities suddenly declined by significant amounts in a
very short time period, before suddenly reversing to prices consistent
with their pre-decline levels. This severe price volatility led to a
large number of trades being executed at temporarily depressed prices,
including many that were more than 60% away from pre-decline prices and
were broken by the Exchanges and FINRA. The Commission is concerned
that events such as those that occurred on May 6 can seriously
undermine the integrity of the U.S. securities markets. Accordingly, it
has worked over the past year to identify and assess the causes and
contributing factors of the May 6 market disruption \9\ and to fashion
policy responses that will help prevent a recurrence.\10\
---------------------------------------------------------------------------

    \8\ The events of May 6 are described more fully in the report
of the staffs of the Commodity Futures Trading Commission (``CFTC'')
and the Commission, See Report of the Staffs of the CFTC and SEC to
the Joint Advisory Committee on Emerging Regulatory Issues,
``Findings Regarding the Market Events of May 6, 2010,'' dated
September 30, 2010.
    \9\ Id.
    \10\ In addition to the trading pause pilot for individual
securities, thirteen of the Exchanges and FINRA filed a proposed NMS
Plan to create a market-wide limit up-limit down mechanism that is
intended to address extraordinary market volatility in NMS stocks.
See Securities Exchange Act Release No. 64547 (May 25, 2011), 76 FR
31647 (June 1, 2011) (File No. 4-631) (Notice of Filing of a
National Market System Plan to Address Extraordinary Market
Volatility by BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago
Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc.,
EDGA Exchange, Inc., EDGX Exchange, Inc., Financial Industry
Regulatory Authority, Inc., NASDAQ OMX BX, Inc., NASDAQ OMX PHLX
LLC, The Nasdaq Stock Market LLC, National Stock Exchange, Inc., New
York Stock Exchange LLC, NYSE Amex LLC, and NYSE Arca, Inc.)
(``Proposed Limit Up-Limit Down NMS Plan''). As discussed further
below, the trading pause pilot would terminate on the earlier of
August 11, 2011 or the date on which a limit up-limit down mechanism
to address extraordinary market volatility, if adopted, applies. The
Commission also approved proposed rule changes that set forth
clearer standards and reduced the discretion of self-regulatory
organizations with respect to breaking erroneous trades. See e.g.,
Securities Exchange Act Release No. 62886 (September 10, 2010), 75
FR 56613 (September 16, 2010). Further, the Commission approved
proposed rule changes that enhanced the minimum quoting standards
for equity market makers to require that they post continuous two-
sided quotations within a designated percentage of the inside market
to eliminate market maker ``stub quotes'' that are so far away from
the prevailing market that they are not intended to be executed. See
Securities Exchange Act Release No. 63255 (November 5, 2010), 75 FR
69484 (November 12, 2010). In addition, the Commission proposed the
creation of a large trader reporting system that would enhance its
ability to identify large market participants, collect information
on their trades, and analyze their trading activity. See Securities
Exchange Act Release No. 61908 (April 14, 2010, 75 FR 21456 (April
23, 2010). The Commission also proposed a new rule that would
require SROs to establish a consolidated audit trail system that
would enable regulators to track information related to trading
orders received and executed across the securities markets. See
Securities Exchange Act Release No. 62174 (May 26, 2010), 75 FR
32556 (June 8, 2010).

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

    On June 10, 2010, the Commission granted accelerated approval for
proposed rule changes by the Exchanges and FINRA to pause trading
during periods of extraordinary market volatility in S&P 500
stocks.\11\ On September 10, 2010, the Commission approved the
Exchanges' and FINRA's proposals to add securities included in the
Russell 1000, as well as specified ETPs, to the pilot.\12\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release Nos. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (File Nos. SR-BATS-2010-014; SR-
EDGA-2010-01; SR-EDGX-2010-01; SR-BX-2010-037; SR-ISE-2010-48; SR-
NYSE-2010-39; SR-NYSEAmex-2010-46; SR-NYSEArca-2010-41; SR-NASDAQ-
2010-061; SR-CHX-2010-10; SR-NSX-2010-05; and SR-CBOE-2010-047);
62251 (June 10, 2010), 75 FR 34183 (June 16, 2010) (SR-FINRA-2010-
025).
    \12\ See e.g., Securities Exchange Act Release Nos. 62884
(September 10, 2010), 75 FR 56618 (September 16, 2010) (File Nos.
SR-BATS-2010-018; SR-BX-2010-044; SR-CBOE-2010-065; SR-CHX-2010-14;
SR-EDGA-2010-05; SR-EDGX-2010-05; SR-ISE-2010-66; SR-NASDAQ-2010-
079; SR-NYSE-2010-49; SR-NYSEAmex-2010-63; SR-NYSEArca-2010-61; and
SR-NSX-2010-08); and Securities Exchange Act Release No. 62883
(September 10, 2010), 75 FR 56608 (September 16, 2010) (SR-FINRA-
2010-033).
    The Exchanges and FINRA submitted proposed rule changes shortly
after the addition of the Russell 1000 securities and ETPs to extend
the operation of the pilot, which was set to expire on December 10,
2010, until April 11, 2011. See e.g., Securities Exchange Act
Release No. 63497 (December 9, 2010), 75 FR 78315 (December 15,
2010). More recently, the Exchanges and FINRA submitted proposed
rule changes to extend the operation of the pilot until the earlier
of August 11, 2011 or the date on which a limit up-limit down
mechanism to address extraordinary market volatility, if adopted,
applies. See e.g., Securities Exchange Act Release No. 64207 (April
6, 2011), 76 FR 20424 (April 12, 2011). The Commission understands
that the Exchanges and FINRA intend to propose a further extension
of the pilot.
---------------------------------------------------------------------------

    The rules require the primary listing market for a security
(``Listing Market'') to issue a five-minute trading pause if the
transaction price of the security moves ten percent or more from a
price in the preceding five-minute period. The Listing Market is
required to notify the other Exchanges, FINRA and market participants
of the imposition of a trading pause by immediately disseminating a
special indicator over the Consolidated Tape. Under the rules, once the
Listing Market issues a trading pause, the other Exchanges and FINRA
are required to pause trading in the security on their markets.
    At the end of the five-minute pause, the Listing Market reopens
trading in the security in accordance with its procedures for doing so.
Trading resumes on other Exchanges and in the over-the-counter market
once trading has resumed on the Listing Market. In the event of a
significant imbalance on the Listing Market at the end of the trading
pause, the Listing Market may delay reopening. If the Listing Market
has not reopened within ten minutes from the initiation of the trading
pause, however, the other Exchanges and FINRA may resume trading.\13\
---------------------------------------------------------------------------

    \13\ For more details on the operation of the Exchanges' and
FINRA's rules, see supra notes 6 and 11.
---------------------------------------------------------------------------

    Under the current proposal (the ``Phase III Circuit Breaker
Pilot''), the Exchanges and FINRA propose to include all remaining NMS
stocks (``Phase III securities'') in the existing pilot program shortly
after the Commission approves the proposed rule changes.\14\ The
Exchanges and FINRA believe that adding these securities to the pilot
would have the beneficial effect of applying the circuit breaker's
protections against excessive volatility to a larger group of
securities, while at the same time allowing the opportunity, during the
pilot period, for continued review of the operation of the circuit
breaker and an assessment of whether the parameters should be further
expanded or modified.
---------------------------------------------------------------------------

    \14\ Specifically, the Exchanges and FINRA propose to implement
the Phase III Circuit Breaker Pilot on August 8, 2011. See supra
note 7.
---------------------------------------------------------------------------

    In addition, the Exchanges and FINRA propose that, for Phase III
securities, the price move required to trigger a trading pause shall be
30% or more for such securities priced at $1 or higher, and 50% or more
for such securities priced less than $1.\15\ The Exchanges and FINRA
believe that these percentages are commensurate with the
characteristics shared by the Phase III securities within the
applicable range given that the proposed additional stocks are more
likely to be less liquid securities or securities with lower trading
volumes. Accordingly, the Exchanges and FINRA believe that broader
price move percentages would be appropriate for the Phase III
securities, and would promote the objectives of the pilot by reducing
the negative impact of unanticipated price movements in a security. The
Exchanges and FINRA believe that applying a broader percentage to
securities priced less than $1 compared to those priced above $1 is
appropriate given that lower-priced securities may tend to be more
volatile, and price movements of lower-priced securities equate to a
higher percentage move than a similar price change for a higher-priced
security.
---------------------------------------------------------------------------

    \15\ Under the proposed rule changes, the price of a security
would be based on the closing price on the previous trading day, or,
if no closing price exists, the last sale reported to the
Consolidated Tape on the previous trading day.
---------------------------------------------------------------------------

    The Exchanges and FINRA also propose to adjust the market maker
quoting requirements, as necessary, to assure they remain within a
narrower range than the new thresholds. Currently, market makers may
fulfill their quoting obligations by maintaining a quote 30% away from
the National Best Bid and Offer (``NBBO'') in a security that is not
included in the S&P 500, Russell 1000, or in the list of ETPs.
Accordingly, the Exchanges and FINRA \16\ propose to revise this
quoting obligation for Phase III securities trading at or above $1 (for
which the proposed trading pause trigger is 30%) to 28% away from the
NBBO. The quoting obligation for Phase III securities trading below $1
(which would be subject to the 50% threshold) would remain unchanged.
---------------------------------------------------------------------------

    \16\ Only those SROs with market makers (i.e., BATS, BYX, BX,
CBOE, CHX, FINRA, Nasdaq, NSX, NYSE, NYSE Amex, and NYSE Arca)
proposed this change to the market maker quoting requirements.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    The Commission finds that the proposed rule changes are consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to national securities exchanges. In particular,
the Commission finds that the proposals submitted by the Exchanges are
consistent with Section 6(b)(5) of the Act,\17\ which requires, among
other things, that the rules of national securities exchanges be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and in general, to protect investors and the public
interest.\18\
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    \17\ 15 U.S.C. 78f(b)(5).
    \18\ In approving the proposed rule change, the Commission notes
that it has considered the proposed rules' impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    Additionally, the Commission finds that the FINRA proposal is
consistent with Section 15A(b)(6) of the Act,\19\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and

practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest. The Commission
also believes that the proposals submitted by the Exchanges and FINRA
are consistent with Section 11A(a)(1) of the Act \20\ in that they seek
to assure fair competition among brokers and dealers and among exchange
markets.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78o-3(b)(6).
    \20\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The proposed rule changes will expand the trading pause pilot to
include all remaining NMS stocks, but will apply wider price move
percentages to the newly added securities to reflect their general
higher volatility, lower liquidity, and other trading characteristics.
The Commission believes that the proposed trigger percentages of 30%
and 50% are reasonable and appropriate for the purposes of the pilot.
The Commission also believes that expanding the market-wide trading
pauses to include all remaining NMS stocks will serve to reduce the
risk of potentially destabilizing price volatility and thereby help
promote the goals of investor protection and fair and orderly markets.
Further, expanding the pilot will promote uniformity across markets
concerning decisions to pause trading in a security when there are
significant price movements.
    Finally, on April 5, 2011, thirteen of the Exchanges and FINRA
filed a proposed NMS Plan to create a market-wide limit up-limit down
mechanism to address extraordinary market volatility in NMS stocks. By
its terms, the circuit breaker pilot will expire on the earlier of
August 11, 2011, or the date on which this limit up-limit down
mechanism, if approved by the Commission, applies.\21\
---------------------------------------------------------------------------

    \21\ See supra notes 10 and 12.
---------------------------------------------------------------------------

    The Commission also believes that the proposed change to the market
maker quoting obligations is consistent with the Act. This aspect of
the proposal would adjust the market maker quoting obligations to
assure they remain within a narrower range than the new trading pause
percentage thresholds for Phase III securities, which is consistent
with the original design of the market maker quoting obligations.

IV. Conclusion

    It Is Therefore Ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule changes (SR-BATS-2011-016; SR-BYX-2011-
011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-2011-15;
SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-NASDAQ-2011-
067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-2011-26; SR-NSX-
2011-06; SR-Phlx-2011-64) be, and hereby are, approved, as amended.
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    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-16229 Filed 6-28-11; 8:45 am]
BILLING CODE 8011-01-P