[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24233-24236]
[FR Doc No: 2012-9663]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66818; File No. SR-NYSEArca-2012-33]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Peritus High Yield ETF

April 17, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on April 10, 2012, NYSE Arca, Inc. (``Exchange''
or ``NYSE Arca'') 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 the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to reflect a change to the holdings of the
Peritus High Yield ETF to achieve its investment objective to include
equity securities. The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and www.nyse.com.

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

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

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

1. Purpose
    The Commission has approved a proposal to list and trade on the
Exchange shares (``Shares'') of the Peritus High Yield ETF (``Fund'')
under

NYSE Arca Equities Rule 8.600,\3\ which governs the listing and trading
of Managed Fund Shares.\4\ The Shares are offered by AdvisorShares
Trust (``Trust''), a statutory trust organized under the laws of the
State of Delaware and registered with the Commission as an open-end
management investment company.\5\ The Fund is currently listed and
traded on the Exchange under NYSE Arca Equities Rule 8.600.
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    \3\ See Securities Exchange Act Release No. 63329 (November 17,
2010), 75 FR 71760 (November 24, 2010) (SR-NYSEArca-2010-86)
(``Prior Order''). The notice with respect to the Prior Order was
published in Securities Exchange Act Release No. 63041 (October 5,
2010), 75 FR 62905 (October 13, 2010) (``Prior Notice'' and,
together with the Prior Order, ``Prior Release'').
    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
    \5\ The Trust is registered under the 1940 Act. On October 28,
2011, the Trust filed with the Commission an amendment to its
registration statement on Form N-1A under the Securities Act of 1933
(15 U.S.C. 77a) and the 1940 Act relating to the Fund (File Nos.
333-157876 and 811-22110) (``Registration Statement''). The
description of the operation of the Trust and the Fund herein is
based, in part, on the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. See Investment Company Act Release No.
29291 (May 28, 2010) (File No. 812-13677) (``Exemptive Order'').
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    The investment adviser to the Fund is AdvisorShares Investments,
LLC (``Adviser''). Peritus I Asset Management, LLC is the Fund's sub-
adviser (``Sub-Adviser'').
    According to the Registration Statement and as stated in the Prior
Release, the Fund's investment objective is to achieve high current
income with a secondary goal of capital appreciation. The Sub-Adviser
seeks to achieve the Fund's investment objective by selecting, among
other investments, a focused portfolio of high yield debt securities,
which include senior and subordinated corporate debt obligations (such
as bonds, debentures, notes, and commercial paper). The Fund does not
have any portfolio maturity limitation and may invest its assets from
time to time primarily in instruments with short-term, medium-term, or
long-term maturities. The Adviser represents that the investment
objective of the Fund is not changing.
    The Exchange proposes to reflect a change to the holdings of the
Fund to achieve its investment objective to include equity securities.
Thus, in addition to the investments referenced in the Prior Release,
the Fund seeks to invest to a lesser extent (generally, no more than
10% of its net assets) in equity securities that the Sub-Adviser
believes will yield high dividends.\6\ According to the Registration
Statement, equity securities in which the Fund may invest will include
common stock, preferred stock, warrants, convertible securities,
rights, master limited partnerships, depositary receipts (including
American Depositary Receipts (``ADRs'') and Global Depositary Receipts
(``GDRs'')),\7\ and real estate investment trusts. Depositary receipts
held by the Fund may be sponsored or unsponsored, provided that no more
than 10% of the Fund's net assets will be invested in unsponsored
depositary receipts. With the exception of unsponsored depositary
receipts, all equity securities held by the Fund will be listed and
traded on U.S. national securities exchanges.
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    \6\ The change to the Fund's holdings to include equity
securities will be effective upon filing with the Commission of an
amendment to the Trust's Registration Statement on Form N-1A, and
shareholders will be notified of such change by means of such
amendment.
    \7\ According to the Registration Statement, ADRs and GDRs are
certificates evidencing ownership of shares of a foreign issuer.
These certificates are issued by depositary banks and generally
trade on an established market in the United States or elsewhere.
The underlying shares are held in trust by a custodian bank or
similar financial institution in the issuer's home country. The
depositary bank may not have physical custody of the underlying
securities at all times and may charge fees for various services,
including forwarding dividends and interest and corporate actions.
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    Pursuant to the terms of the Exemptive Order, the Fund will not
invest in options contracts, futures contracts, or swap agreements. The
Fund's investments will be consistent with its investment objective and
will not be used to enhance leverage.
    As stated in the Prior Release, on each business day, before
commencement of trading in Shares in the Core Trading Session on the
Exchange, the Fund discloses on its Web site the Disclosed Portfolio,
which will include information relating to equity securities, among
other investments, that will form the basis for the Fund's calculation
of net asset value (``NAV'') at the end of the business day. The intra-
day, closing, and settlement prices of the portfolio securities,
including any equity securities held by the Fund, are also readily
available from the national securities exchanges trading such
securities, automated quotation systems, published or other public
sources, or on-line information services. All representations made in
the Prior Release regarding the availability of information relating to
the Shares, trading halts, trading rules, the Portfolio Indicative
Value, and surveillance, among others, will continue to apply to
trading in the Shares.
    The Adviser represents that the proposed change to permit limited
investment in equity securities, as described above, is consistent with
the Fund's investment objective, and will further assist the Adviser
and Sub-Adviser to achieve such investment objective. Specifically, by
investing to a limited extent in equity securities, the Fund will have
additional flexibility to achieve high current income through
investments in dividend-paying equity securities, and to achieve the
secondary goal of capital appreciation through possible price
appreciation of such equity investments. Except for the change noted
above, all other representations made in the Prior Release remain
unchanged.\8\ The Fund will continue to comply with all initial and
continued listing requirements under NYSE Arca Equities Rule 8.600.
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    \8\ See note 3, supra. All terms referenced but not defined
herein are defined in the Prior Release.
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2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \9\ that an exchange have rules
that are 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, in general, to protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. The Exchange has in place surveillance procedures that are
adequate to properly monitor trading in the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. The Exchange may obtain information
via the Intermarket Surveillance Group (``ISG'') from other exchanges
that are members of ISG or with which the Exchange has entered into a
comprehensive surveillance sharing agreement. No more than 10% of the
Fund's net assets will be invested

in unsponsored depositary receipts. With the exception of unsponsored
depositary receipts, all equity securities held by the Fund will be
listed and traded on U.S. national securities exchanges.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the NAV per Share is calculated daily and that the NAV and the
Disclosed Portfolio is made available to all market participants at the
same time. In addition, a large amount of information is publicly
available regarding the Fund and the Shares, thereby promoting market
transparency. The Portfolio Indicative Value, as defined in NYSE Arca
Equities Rule 8.600 (c)(3), is disseminated by one or more major market
data vendors at least every 15 seconds during the Exchange's Core
Trading Session. On each business day, before commencement of trading
in Shares in the Core Trading Session on the Exchange, the Fund
discloses on its Web site the Disclosed Portfolio that will form the
basis for the Fund's calculation of NAV at the end of the business day.
Information regarding market price and trading volume of the Shares is
and will be continually available on a real-time basis throughout the
day on brokers' computer screens and other electronic services, and
quotation and last-sale information is available via the Consolidated
Tape Association high-speed line. The intra-day, closing, and
settlement prices of the portfolio securities, including any equity
securities held by the Fund, are also readily available from the
national securities exchanges trading such securities, automated
quotation systems, published or other public sources, or on-line
information services. Trading in Shares of the Fund will be halted if
the circuit breaker parameters in NYSE Arca Equities Rule 7.12 have
been reached or because of market conditions or for reasons that, in
the view of the Exchange, make trading in the Shares inadvisable.
Trading in the Shares is subject to NYSE Arca Equities Rule
8.600(d)(2)(D), which sets forth circumstances under which Shares of
the Fund may be halted. The Web site for the Fund includes a form of
the prospectus for the Fund and additional data relating to NAV and
other applicable quantitative information. In addition, as stated in
the Prior Notice, investors have ready access to information regarding
the Fund's holdings, the Portfolio Indicative Value, the Disclosed
Portfolio, and quotation and last-sale information for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. As noted above, the Exchange has in place surveillance
procedures relating to trading in the Shares and may obtain information
via ISG from other exchanges that are members of ISG or with which the
Exchange has entered into a comprehensive surveillance sharing
agreement. In addition, as stated in the Prior Notice, investors have
ready access to information regarding the Fund's holdings, the
Portfolio Indicative Value, the Disclosed Portfolio, and quotation and
last-sale information for the Shares.

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

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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 prior to
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 and Rule 19b-
4(f)(6) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission notes that
waiver of the operative delay would permit the Fund to invest
immediately in equity securities that the Sub-Adviser believes will
yield high dividends.\13\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    With the exception of unsponsored depositary receipts in which the
Fund may invest up to 10% of its net assets, all equity securities
proposed to be held by the Fund would be listed and traded on U.S.
national securities exchanges. In addition, the Fund will generally not
invest more than 10% of its net assets in such equity securities. The
Exchange represents that the limited investments in equity securities
would be consistent with the Fund's investment objective, which is to
achieve high current income and capital appreciation. Specifically, the
Exchange represents that, by investing to a limited extent in equity
securities, the Fund would have additional flexibility to achieve high
current income through investments in dividend-paying equity securities
and to achieve capital appreciation through possible price appreciation
of such equity investments. Further, the Exchange represents that such
investment objective is not changing, all other representations made in
the Prior Release remain unchanged, and the Fund will continue to
comply with all of the listing requirements under NYSE Arca Equities
Rule 8.600. For the foregoing reasons, the Commission believes that the
proposed change does not raise novel or unique regulatory issues that
should delay the implementation of the Fund's proposed investments in
certain equity securities. Therefore, the Commission waives the 30-day
operative delay requirement because the rule change is consistent with
the protection of investors and the public interest.
    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.

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-NYSEArca-2012-33 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-NYSEArca-2012-33. 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-NYSEArca-2012-33 and should
be submitted on or before May 14, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-9663 Filed 4-20-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Pages 52587-52588]
[FR Doc No: 2020-18734]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-508-000]

Cimarron River Pipeline, LLC, Ladder Creek LLC; Notice of
Application

    Take notice that on August 7, 2020, Cimarron River Pipeline, LLC
(Cimarron), 370 17th Street, Suite 2500, Denver, Colorado 80202, and
Ladder Creek LLC (Ladder Creek), 41707 County Road P, Cheyenne Wells,
Colorado 80810 (jointly, the Applicants), filed in Docket No. CP20-508-
000, an application pursuant to section 7(b) of the Natural Gas Act
(NGA) requesting authorization for its proposed Tekas Pipeline
Abandonment Project (Project). Specifically, Cimarron proposes to: (1)
Abandon the Tekas Pipeline system, which is an independent,
noncontiguous portion of Cimarron's interstate pipeline operations, by
transfer to Ladder Creek; (2) find that, upon transfer, the bulk of the
Tekas Pipeline System will be performing non-jurisdictional natural gas
gathering activities; and (3) issue a certificate of public convenience
and necessity to Ladder Creek pursuant to NGA section 7(c) to own,
operate, and maintain the Ladder Creek Residue Line located near the
Colorado-Kansas border that delivers natural gas processed at the
Ladder Creek Processing Plant to Colorado Interstate Gas Company,
L.L.C. (CIG). The Applicants also request that the Commission determine
that, in light of the fact that Ladder Creek will operate the Ladder
Creek Residue Line for the sole purpose of transporting gas owned by
Ladder Creek to CIG, Ladder Creek qualifies for waivers of those
aspects of the Commission's interstate gas pipeline regulatory program
that have routinely been afforded to jurisdictional plant residue lines
that do not carry third-party gas.
    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>.
    Any questions concerning this application may be directed to
Douglas F. John, Counsel for Ladder Creek, John & Hengerer LLP, 1629 K
Street NW, Suite 402, Washington, DC 20006, by phone<PHONE_NUMBER>;
and Daniel P. Archuleta, Counsel for Cimarron, Troutman Pepper Hamilton
Sander LLP, 401 9th Street NW, Suite 1000, Washington, DC 20004, by
phone<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule will serve to
notify federal and state agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit five copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning

out-of-time motions to intervene in any new NGA section 3 or section 7
proceeding.\1\ Persons desiring to become a party to a certificate
proceeding are to intervene in a timely manner. If seeking to intervene
out-of-time, the movant is required to ``show good cause why the time
limitation should be waived,'' and should provide justification by
reference to factors set forth in Rule 214(d)(1) of the Commission's
Rules and Regulations.\2\
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    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC ] 61,167 at
] 50 (2018).
    \2\ 18 CFR 385.214(d)(1).
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    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically 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.
    Comment Date: 5:00 p.m. Eastern Standard Time on September 10,
2020.

    Dated: August 20, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-18734 Filed 8-25-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46154-46155]
[FR Doc No: 2023-15317]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1061-103]

Pacific Gas and Electric Company; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a new license to continue to operate and
maintain the Phoenix Hydroelectric Project. The project is located on
the South Fork Stanislaus River in Tuolumne County, California.
Commission staff has prepared an Environmental Assessment (EA) for the
project. The project would occupy 26.99 acres of Federal land
administered by the U.S. Forest Service and 0.59 acre of Federal land
administered by the Bureau of Land Management.
    The EA contains the staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major Federal action that would significantly affect the quality of the
human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov/), using the ``eLibrary'' link. Enter
the docket number, excluding the last three digits in the docket number
field, to access the document. For assistance, contact FERC Online
Support at [email protected], or toll-free at<PHONE_NUMBER>,
or for TTY,<PHONE_NUMBER>.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.

    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, you may submit a paper copy. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first
page of any filing should include docket number P-1061-103.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    For further information, contact Ousmane Sidibe at<PHONE_NUMBER>
or by email at [email protected].

    Dated: July 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15317 Filed 7-18-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Proposed Rules]
[Pages 235-237]
[FR Doc No: 2011-33760]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0963; FRL-9615-6]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Procedural Rules; Conflicts of Interest

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We are proposing to approve Section 1.11 of Colorado's
procedural rules as adopted by the Air Quality Control Commission
(Commission) on January 16, 1998 and submitted to EPA as a State
Implementation Plan (SIP) revision on November 5, 1999. Section 1.11
specifies certain requirements regarding the composition of the
Commission and disclosure by its members of potential conflicts of
interest. We are also reproposing approval of a portion of Colorado's
January 7, 2008 submittal to meet the ``infrastructure'' requirements
of section 110(a)(2) of the Clean Air Act (CAA) for the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS), specifically the
portion intended to address the requirements of section
110(a)(2)(E)(ii) of the CAA. We previously proposed approval, 76 FR
28707, of this portion as part of our action on the January 7, 2008
submittal. This action is being taken under section 110 of the CAA.

DATES: Comments must be received on or before February 3, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-0963, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0963. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA, without going through www.regulations.gov your email
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, 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 EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to Section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Purpose of This Action
II. Background of State's Submittals
III. EPA's Analysis of the State's Submittals
IV. Consideration of Section 110(l) of the CAA
V. Proposed Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:

    (i) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation
Plan.

    (iv) The words State or Colorado mean the State of Colorado,
unless the context indicates otherwise.
    (v) The word Commission means the Colorado Air Quality Control
Commission.

I. Purpose of This Action

    EPA is proposing to fully approve Section 1.11 of Colorado's
procedural rules, adopted by the State of Colorado on January 16, 1998
and submitted to EPA on November 5, 1999. The approval into Colorado's
SIP of Section 1.11 will make it federally enforceable. Section 1.11 of
Colorado's procedural rules mandates that the Commission have at least
a majority of members that represent the public interest and do not
derive a significant portion of their income from persons subject to
permits or enforcement orders under Colorado's air quality regulations
or the CAA. The proposed approval will also federally mandate that
Commission members disclose any potential conflicts of interest that
arise during their terms of membership to the other commissioners in a
public meeting of the Commission.
    EPA is also reproposing approval of a portion of Colorado's January
7, 2008 submittal to meet the ``infrastructure'' requirements of
Section 110(a)(2) of the CAA for the 1997 8-hour ozone NAAQS. On May
18, 2011, EPA proposed approval of Colorado's submittal with respect to
(among other infrastructure requirements) the requirements of Section
110(a)(2)(E) for the 1997 8-hour ozone NAAQS. However, in a final
action on July 22, 2011, 76 FR 43906, EPA did not complete approval of
the submittal with respect to Section 110(a)(2)(E)(ii). In this action,
EPA reproposes, for reasons stated below, to approve the January 7,
2008 submittal with respect to the requirements of Section
110(a)(2)(E)(ii) for the 1997 ozone NAAQS.

II. Background of State's Submittals

    Colorado adopted revisions to its procedural rules on January 16,
1998, and submitted part of the revised procedural rules to EPA on
November 5, 1999.\1\ Colorado's procedural rules govern all procedures
and hearings before the Commission and certain procedures and hearings
before the Air Pollution Control Division within the Colorado
Department of Public Health and Environment. The role of the Commission
is to adopt an air quality management program that fosters the health,
welfare, convenience, and comfort of the inhabitants of the State of
Colorado and implements this through its regulatory program. The
Commission also hears appeals from the regulated community and the
general public regarding the actions of the Air Pollution Control
Division, including appeals of Division compliance orders and
noncompliance penalty determinations, and challenges of Division
denials of proposed permits or of permit terms and conditions, for
construction permits and operating permits. The proposed revisions to
the Commission's procedural rules, last revised in 1984, were intended
to bring the Commission current with all applicable procedural
requirements for their official actions. In particular, Section 1.11
was intended to address the requirements of section 128 of the CAA.
---------------------------------------------------------------------------

    \1\ In a notice of proposed action dated January 25, 2011, EPA
erroneously stated that Colorado had not submitted this portion of
Colorado's procedural rules for approval into the SIP (76 FR 4268).
Due to this error, EPA disapproved the deletion of a provision
regarding disclosure of potential conflicts of interest from
Colorado's Common Provisions. EPA will correct the erroneous
disapproval in a subsequent action, if EPA finalizes the approval of
section 1.11 of Colorado's procedural rules for inclusion into the
SIP.
---------------------------------------------------------------------------

    Separately, on January 7, 2008, Colorado provided a submittal to
meet the requirements of Section 110(a)(2) of the CAA for the 1997 8-
hour ozone NAAQS. Under Section 110(a)(1) of the CAA, within three
years of EPA's promulgation of a new or revised standard, states are
required to make a submittal, known as an ``infrastructure SIP,'' to
meet the requirements of sections 110(a)(1) and (a)(2). Section
110(a)(1) provides the procedural and timing requirements for SIP
submissions after a new or revised NAAQS is promulgated. Section
110(a)(2) lists specific elements the SIP must contain or satisfy.
These infrastructure elements include requirements, such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS.

III. EPA Analysis of State's Submittals

    In its November 5, 1999, submittal, Colorado stated that Section
1.11 is the only provision in the Commission's procedural rules that
the State intends to be part of the SIP and was submitted to EPA for
approval. Colorado intended that all other requirements found in the
procedural rules in all sections except Section 1.11 are not to be
acted on as part of the SIP. As noted in the statement of basis for the
Commission's adoption of section 1.11, the section is intended to
satisfy the requirements of section 128 of the CAA.
    Section 128 of the CAA requires SIPs to contain provisions that:
(1) Any board or body which approves permits or enforcement orders
under the CAA have at least a majority of its members represent the
public interest and not derive any significant portion of their income
from persons subject to permits or enforcement orders under the CAA;
and (2) any potential conflicts of interest by members of such board or
body or the head of an executive agency with similar powers be
adequately disclosed.
    Section 1.11 of Colorado's procedural rules provides that the
Commission shall have at least a majority of members who represent the
public interest and who do not derive a significant portion of their
income from persons subject to permits or enforcement orders under
Colorado's air quality regulations or under the CAA. Section 1.11 also
provides that members of the Commission shall disclose any potential
conflicts of interest that arise during their terms of membership to
the other Commissioners in a public meeting of the Commission. The
procedural rules elsewhere require that public meetings of the
Commission be recorded and that the recordings are made available to
the public at cost. These provisions meet the requirements of section
128 as stated above. EPA therefore proposes to approve section 1.11 of
Colorado's procedural rules for inclusion into the SIP.
    On May 18, 2011, EPA proposed approval of Colorado's infrastructure
SIP submittal with respect to (among other infrastructure requirements)
the requirements of Section 110(a)(2)(E) for the 1997 8-hour ozone
NAAQS. EPA received adverse comments on, among other things, Colorado's
implementation of sections 128 and 110(a)(2)(E)(ii). As a result, in a
final action on July 22, 2011, 76 FR 43906, EPA deferred action on the
submittal with respect to Section 110(a)(2)(E)(ii). Section
110(a)(2)(E)(ii) requires SIPs to comply with the requirements
regarding state boards under Section 128 of the CAA. As discussed
above, approval of Section 1.11 of the State's procedural rules will
satisfy the requirements under section 128 regarding state boards, and
will therefore satisfy the requirements of Section 110(a)(2)(E)(ii), as
well. EPA therefore proposes to approve Colorado's January 7, 2008,
submittal with respect to the requirements of section 110(a)(2)(E)(ii),
which will complete EPA's action on all portions of the State's
submittal to meet infrastructure requirements for the 1997 8-hour ozone
NAAQS.

IV. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning

attainment and reasonable further progress toward attainment of the
NAAQS or any other applicable requirement of the Act. The Colorado SIP
revisions that are proposed for approval in this action do not
interfere with attainment of the NAAQS or any other applicable
requirement of the Act. The revisions do not make substantive changes
that relax the stringency of the Colorado SIP; instead, the submittal
of Section 1.11 of Colorado's procedural rule meets a requirement of
the CAA. Therefore, the revisions proposed for approval satisfy section
110(l) requirements.

V. Proposed Action

    We are proposing for approval Section 1.11 of Colorado's procedural
rule as adopted by the Commission on January 16, 1998, and submitted to
EPA on November 5, 1999. We are also reproposing approval of a portion
of Colorado's January 7, 2008, submittal to meet the ``infrastructure''
requirements of section 110(a)(2) for the 1997 8-hour ozone NAAQS,
specifically the portion intended to address the requirements of
section 110(a)(2)(E)(ii) of the CAA.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: December 23, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-33760 Filed 1-3-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2168-2170]
[FR Doc No: 2011-430]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63638; File No. SR-EDGX-2010-25]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to the EDGX Exchange, Inc. Fee Schedule

January 4, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 28, 2010, the EDGX Exchange, Inc. (the ``Exchange'' or
the ``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which items have been prepared by the self-regulatory
organization. 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

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c).
---------------------------------------------------------------------------

    \3\ A Member is any registered broker or dealer, or any person
associated with a registered broker or dealer, that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    All of the changes described herein are applicable to EDGX Members.
The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.directedge.com.

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

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

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

1. Purpose
    Currently, for orders routed to Nasdaq BX that remove liquidity, a
rebate of $0.0002 per share is provided to Members (yielding Flag
``C''). The Exchange proposes to increase this rebate to $0.0014 per
share to reflect an increase in rebate provided by Nasdaq BX, effective
January 3, 2011.
    In addition, for orders routed or re-routed to NYSE that remove
liquidity, a fee of $0.0021 is charged to Members (yielding Flag
``D''). The Exchange proposes to increase this fee to $0.0023 to
reflect an increase in fee assessed by NYSE, effective January 3, 2011.
Similarly, for orders routed to NYSE that add liquidity, a rebate of
$0.0013 per share is provided to Members (yielding Flag ``F''). The
Exchange proposes to increase this rebate to $0.0015 per share to
reflect an increase in rebate provided by NYSE, effective January 3,
2011.
    Currently, Members can qualify for the Mega Tier and be provided a
rebate of $0.0032 per share for all liquidity posted on EDGX if they
add or route at least 5,000,000 shares of average daily volume prior to
9:30 a.m. or after 4 p.m. (includes all flags except 6) and add a
minimum of 25,000,000 shares of average daily volume on EDGX in total,
including during both market hours and pre and post-trading hours. The
Exchange proposes to increase this rebate to $0.0033 per share to
incent Members to add liquidity to EDGX during both market hours and
pre and post-trading hours. As fewer Members generally trade during pre
and post-trading hours because of the time parameters associated with
these trading sessions, the Exchanges believes that this proposed
increase in rebate would incent liquidity during these trading
sessions. The rebate associated with the other method to qualify for
the Mega Tier (if the Member posts on a daily basis, measured monthly,
0.75% of the Total Consolidated Volume in average daily volume) remains
unchanged at $0.0032 per share.
    The Exchange believes that the above pricing is appropriate since
higher rebates are directly correlated with more stringent criteria.
The Mega Tier rebate (proposed at $0.0033 per share, otherwise set at
$0.0032 per share) has the most stringent criteria, and is $0.0002/
$0.0001 greater than the Ultra Tier rebate ($0.0031 per share) and
$0.0003/$0.0002 greater than the Super Tier rebate ($0.0030 per share).
For example, based on average TCV for November 2010 (8.0 billion), in
order for a Member to qualify for the proposed Mega Tier rebate of
$0.0033, the Member would have to add or route at least 5,000,000
shares of average daily volume prior to 9:30 a.m. or after 4 p.m.
(includes all flags except 6) AND add a minimum of 25,000,000 shares of
average daily volume on EDGX in total, including during both market
hours and pre and post-trading hours. Another way a Member can qualify
for the Mega Tier (with a rebate of $0.0032 per share) would be to post
60 million shares on EDGX. In order to qualify for the Ultra Tier,
which has less stringent criteria than the Mega Tier, the Member would
have to post 40 million shares on EDGX. Finally, the Super Tier has the
least stringent criteria. In order for a Member to qualify for this
rebate, the Member would have to post 10 million shares on EDGX. In
addition, these rebates also result, in part, from lower administrative
costs associated with higher volume.
    EDGX Exchange proposes to implement these amendments to the
Exchange fee schedule on January 1, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\4\ in general, and
furthers the objectives of Section 6(b)(4),\5\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities. The Exchange notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. The Exchange believes that the proposed rates are
equitable in that they apply uniformly to all Members. In addition, the
rebates provided result, in part, from lower administrative costs
associated with higher volume. The Exchange believes the fees and
credits remain competitive with those charged by other venues and
therefore continue to be reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \6\ and Rule 19b-4(f)(2) \7\ thereunder. 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2010-25 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-EDGX-2010-25. This file
number should be included on the subject line if e-mail 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,\8\ 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-EDGX-2010-25 and should be submitted on
or before February 2, 2011.
---------------------------------------------------------------------------

    \8\ The text of the proposed rule change is available on
Exchange's Web site at http://www.directedge.com, on the
Commission's Web site at http://www.sec.gov, at EDGX, and at the
Commission's Public Reference Room.

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

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-430 Filed 1-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28770-28771]
[FR Doc No: E9-14164]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Program Management Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Program Management Committee meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the RTCA Program Management Committee.

DATES: The meeting will be held July 1, 2009 starting at 8:30 a.m. to
1:30 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 850, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a NextGen Mid-Term Implementation Task Force
meeting. The agenda will include:
     Opening Plenary (Welcome and Introductions).
     Review/Approve Summary of April 14, 2009 PMC meeting, RTCA
Paper No. 112-09/PMC-718.
     Publication Consideration/Approval:
     Final Draft, Change 1 to DO-185B, Minimum Operational
Performance Standards for Traffic Alert and Collision Avoidance System
II (TCAS II), RTCA Paper No. 130-09/PMC-724, prepared by SC-147.
     Final Draft, Change 1 to DO-300, Minimum Operational
Performance Standards (MOPS) for Traffic Alert and Collision Avoidance
System II (TCAS II) Hybrid Surveillance, RTCA Paper No. 131-09/PMC-725,
prepared by SC-147.
     Integration and Coordination Committee (ICC)--Report.
     Action Item Review:
     DO-222--Inmarsat AMS(R)S--Discussion--Status--Review/
Approve Terms of Reference;
     SC-220--Automatic Flight Guidance and Control--
Discussion--Review/Approve Terms of Reference;
     SC-218--Future ADS-B/TCAS Relationships--Discussion--
Status;
     SC-217--Terrain and Airport Databases--Discussion--
Status--Review/Approve Terms of Reference;
     SC-214--Standards for Air Traffic Data Communications
Services--Discussion--Status--Review/Approve Terms of Reference;

     SC-203--Unmanned Aircraft Systems (UAS)--Discussion--
Status Review;
     Airport Surface Wireless Link--Discussion--Possible New
Special Committee;
     Discussion
     Special Committee Chairman's Reports;
     Closing Plenary (Other Business, Document Production, Date
and Place of Next Meeting, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section.
    Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC, on June 9, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E9-14164 Filed 6-16-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22118-22119]
[FR Doc No: 2015-09052]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 11

[Docket No. USCG-2015-0168]

Policy for Evaluating Sea Service Aboard Liftboats

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of Office of
Commercial Vessel Compliance (CVC) Policy Letter 14-03, Evaluating Sea
Service Aboard Liftboats. This policy letter will provide guidance to
mariners concerning endorsements to Merchant Mariner Credentials (MMC)
for service on liftboats.

DATES: This policy letter is effective on April 6, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of availability, call or email Luke B. Harden, Mariner
Credentialing Program Policy Division (CG-CVC-4), U.S. Coast Guard;
telephone<PHONE_NUMBER>, or<EMAIL_ADDRESS>If you have questions on
viewing material in the

docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Viewing Documents

    The policy letter discussed below is available and can be viewed by
going to http://www.uscg.mil/nmc and clicking on ``Regulations &
Policy,'' then click on ``Policy Letters.''

Discussion

    Liftboats spend significant periods elevated at work sites and are
not underway at those times. The time a liftboat spends underway is
generally limited to travelling to and from a job site, and may be a
relatively small portion of the total time the liftboat is in
operation. Because of these specialized operations, the Coast Guard
considers liftboats to be unique vessels and has evaluated sea service
on liftboats to determine its equivalency to traditional service.
    This policy letter describes policy for the Coast Guards'
evaluation of service obtained on liftboats used to qualify for
national officer endorsements to an MMC.

Authority

    This notice of availability is issued under the authority of 5
U.S.C. 552(a).

    Dated: April 2, 2015.
J.C. Burton,
Captain, U.S. Coast Guard, Director, Inspection & Compliance.
[FR Doc. 2015-09052 Filed 4-20-15; 8:45 am]
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[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73918-73919]
[FR Doc No: 2013-29253]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-58]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number and must be received on or before December 30, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0647 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Stegeman, Aerospace
Engineer, Standards Office (ACE-111), Small Airplane Directorate,
Aircraft Certification Service, FAA; telephone number<PHONE_NUMBER>,
fax number<PHONE_NUMBER>, email at<EMAIL_ADDRESS>    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 13, 2013.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0647.
    Petitioner: Sherpa Aircraft, Inc.
    Section of 14 CFR Affected: 14 CFR 23.562.
    Description of Relief Sought: Petitioner requests relief from
requirements for emergency landing dynamic conditions for qualification
of crew/passenger seat and restraint system to permit type
certification of its SH550 and SH650 aircraft.

[FR Doc. 2013-29253 Filed 12-6-13; 8:45 am]
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[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Rules and Regulations]
[Pages 380-382]
[FR Doc No: 2015-33292]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2015-0733; FRL-9941-06-Region 7]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Nebraska; Sewage Sludge Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the Clean Air Act (CAA) section 111(d)/129
negative declaration for the state of Nebraska, for existing sewage
sludge incinerator (SSI) units. This negative declaration certifies
that existing SSI units subject to sections 111(d) and 129 of the CAA
do not exist within the jurisdiction of Nebraska. EPA is accepting the
negative declaration in accordance with the requirements of the CAA.

DATES: This direct final rule will be effective March 7, 2016, without
further notice, unless EPA receives adverse comment by February 5,
2016. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0733, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. Background
II. Analysis of State Submittal
III. Statutory and Executive Order Reviews

I. Background

    The CAA requires that state regulatory agencies implement the
emission guidelines and compliance times using a state plan developed
under sections 111(d) and 129 of the CAA. The general provisions for
the submittal and approval of state plans are codified in 40 CFR part
60, subpart B and 40 CFR part 62, subpart A. Section 111(d) establishes
general requirements and procedures on state plan submittals for the
control of designated pollutants. Section 129 requires emission
guidelines to be promulgated for all categories of solid waste
incineration units, including SSI units. Section 129 mandates that all
plan requirements be at least as protective and restrictive as the
promulgated emission guidelines. This includes fixed final compliance
dates, fixed compliance schedules, and Title V permitting requirements
for all affected sources. Section 129 also requires that state plans be
submitted to EPA within one year after EPA's promulgation of the
emission guidelines and compliance times.
    States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d) and 129. If a State
does not have any existing Sewage Sludge Incineration (SSI) units for
the relevant emissions guidelines, a letter can be submitted certifying
that no such units exist within the State (i.e., negative declaration)
in lieu of a state plan. The negative declaration exempts the State
from the requirements of subpart B that would otherwise require the
submittal of a CAA section 111(d)/129 plan.
    On March 21, 2011 (76 FR 15372), the EPA established emission
guidelines and compliance times for existing SSI units. The emission
guidelines and compliance times are codified at 40 CFR 60, Subpart
MMMM. In order to fulfill obligations under CAA sections 111(d) and
129, NDEQ submitted a negative declaration letter to EPA on December 6,
2012. The submittal of this declaration exempts NDEQ from the
requirement to

submit a state plan for existing SSI units.

II. Analysis of State Submittal

    In this Direct Final action, EPA is amending part 62 to reflect
receipt of the negative declaration letter from the NDEQ, certifying
that there are no existing SSI units subject to 40 CFR part 60, subpart
MMMM, in accordance with Section 111(d) of the CAA. If a designated
facility (i.e., existing SSI unit) is later found within NDEQ's
jurisdiction after publication of this Federal Register action, then
the overlooked facility will become subject to the requirements of the
Federal plan for that designated facility, including the compliance
schedule. The Federal plan will no longer apply, if we subsequently
receive and approve the 111(d) plan from the jurisdiction with the
overlooked facility. EPA is publishing this direct final rule without a
prior proposed rule because we view this as a noncontroversial action
and anticipate no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to approve the negative
declaration if adverse comments are received on this direct final rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This action is not
approved to apply on any Indian reservation land or in any other area
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action
merely approves a state rule implementing a Federal requirement, and
does not alter the relationship or the distribution of power and
responsibilities established in the Act. This rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it
approves a state rule implementing a Federal standard. In reviewing
section 111(d)/129 plan submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a section 111(d)/129 plan submission for failure to use VCS.
It would thus be inconsistent with applicable law for EPA, when it
reviews a section 111(d)/129 plan submission, to use VCS in place of a
section 111(d)/129 plan submission that otherwise satisfies the
provisions of the Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 7, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 approving Nebraska's section 111(d)/129 plan revision for
SSI sources may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, Sewage sludge incinerators.

    Dated: December 23, 2015.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62
as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart CC--Nebraska

* * * * *

0
2. Subpart CC is amended by adding an undesignated center heading and
Sec.  62.6917 to read as follows:

Air Emissions Standards of Performance for New Sewage Sludge
Incinerators

Sec.  62.6917  Identification of plan--negative declaration.

    Letter from the Nebraska Department of Environmental Quality
received December 6, 2012, certifying that there are no Sewage Sludge
Incinerator units subject to 40 CFR part 60, subpart MMMM.

[FR Doc. 2015-33292 Filed 1-5-16; 8:45 am]
 BILLING CODE 6560-50-P