[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Page 63876]
[FR Doc No: 2019-25060]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2019-0415; FRL-10002-36-OW]

Water Quality Trading Under the National Pollutant Discharge
Elimination System Program; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification, request for comment; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) issued a document in
the Federal Register of September 19, 2019, requesting comments on
policy approaches for addressing ``baseline'' issues in the watersheds
with EPA-approved Total Maximum Daily Loads (TMDLs) where policy makers
would like to pursue water quality trading as a regulatory option for
National Pollutant Discharge Elimination System (NPDES) permit
compliance. These policy approaches may also be of interest to
stakeholders pursuing market-based water quality improvement programs
outside of the NPDES permit program. This document extends the comment
period for an additional 30 days, from November 18, 2019 to December
18, 2019 in response to a stakeholder request.

DATES: The comment period for the document published on September 19,
2019 (84 FR 49293), is extended. Comments, identified by docket
identification (ID) number EPA-HQ-OW-2019-0415, must be received on or
before December 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OW-2019-0415, at https://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: Amelia Letnes, Office of Wastewater
Management, Water Permits Division, Mail Code 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On September 19, 2019, EPA published in the
Federal Register (84 FR 49293) proposed changes and clarifications to
its Water Quality Trading Policy of 2003. These policy changes and
clarifications are intended to increase flexibility and efficiency in
state water quality trading programs, specifically in the area of
establishing baselines for nonpoint sources subject to a Total Maximum
Daily Load (TMDL).
    The document, as initially published in the Federal Register,
provided for written comments to be submitted to EPA on or before
November 18, 2019 (a 60-day public comment period). Since publication,
EPA has received a request for additional time to submit comments. EPA
is extending the public comment period for 30 days until December 18,
2019.

    Dated: November 14, 2019.
Andrew D. Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2019-25060 Filed 11-14-19; 4:15 pm]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)]
[Rules and Regulations]
[Page 869]
[FR Doc No: C1-2015-30881]

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

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

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

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

Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0828; Directorate Identifier 2014-NM-146-AD;
Amendment 39-18341; AD 2015-25-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

Correction

    In rule document 2015-30881, appearing on pages 80242-80247, in the
Issue of Thursday, December 24, 2015, make the following correction:
    Beginning in the second column, under the heading ``Request to Add
Terminating Action'' on page 80243 and continuing to the end of the
document, the entry ``Boeing Alert Service Bulletin 747-57A2443'' is
corrected to read ``Boeing Alert Service Bulletin 747-57A2343''.

[FR Doc. C1-2015-30881 Filed 1-7-16; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]
[Page 30587]
[DOCID:fr01jn07-83]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-446-000, et al.]

Gulf South Pipeline Company, LP; Notice of Availability of the
Final Environmental Impact Statement for the Proposed East Texas to
Mississippi Expansion Project

May 25, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this Final Environmental Impact Statement
(EIS) for the natural gas pipeline facilities proposed by Gulf South
Pipeline Company, LP (Gulf South) under the above-referenced docket.
Gulf South's East Texas to Mississippi Expansion Project (Project)
would be located in various counties and parishes in eastern Texas,
northern Louisiana, and western Mississippi.
    The Final EIS was prepared to satisfy the requirements of the
National Environmental Policy Act. The FERC staff concludes that the
proposed Project, with the appropriate mitigation measures as
recommended, would have limited adverse environmental impact.
    The U.S. Fish and Wildlife Service (FWS), National Park Service
(NPS), U.S. Environmental Protection Agency (EPA), and the U.S. Army
Corps of Engineers (COE) are federal cooperating agencies for the
development of this EIS. A federal cooperating agency has jurisdiction
by law or special expertise with respect to any environmental impact
involved with the proposal and is involved in the NEPA analysis.
    The general purpose of the proposed Project is to transport up to
1.7 billion cubic feet per day of natural gas from production fields in
eastern Texas to markets in the Gulf Coast, Midwestern, Northeastern,
and Southeastern regions of the United States.
    The Final EIS addresses the potential environmental impacts
resulting from the construction and operation of the following
facilities:
     Approximately 240.3 miles of 42-inch-diameter natural gas
pipeline extending easterly from DeSoto Parish, Louisiana to Simpson
County, Mississippi;
     approximately 3.3 miles of 36-inch-diameter natural gas
pipeline extending northward from Gulf South's existing Carthage
Junction Compressor Station in Panola County, Texas to interconnects
with existing natural gas facilities within Panola County;
     two new compressor stations, the Vixen and the Tallulah
Compressor Stations, located in Ouachita and Madison Parishes,
Louisiana, respectively;
     modifications to three existing compressor stations, the
Carthage Junction, Hall Summit, and McComb Compressor Stations in
Panola, County, Texas, Bienville Parish, Louisiana and Walthall County,
Mississippi, respectively; and
     other ancillary facilities, including six meter and
regulator (M/R) facilities, eleven mainline valves, nine side valves,
and five pig launcher and/or receiver facilities.
    Dependent upon Commission approval, Gulf South proposes to complete
construction and begin operating the proposed Project in September
2007.
    The Final EIS has been placed in the public files of the FERC and
is available for public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street, NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of copies of the Final EIS are available from the
Public Reference Room identified above. In addition, CD copies of the
Final EIS have been mailed to affected landowners; various federal,
state, and local government agencies; elected officials; environmental
and public interest groups; Native American tribes; local libraries and
newspapers; intervenors; and other individuals that expressed an
interest in the proposed Project. Hard-copies of the Final EIS have
also been mailed to those who requested that format during the scoping
and comment periods for the proposed Project.
    In accordance with the Council on Environmental Quality's (CEQ)
regulations implementing NEPA, no agency decision on a proposed action
may be made until 30 days after the U.S. Environmental Protection
Agency (EPA) publishes a notice of availability of a Final EIS.
However, the CEQ regulations provide an exception to this rule when an
agency decision is subject to a formal internal process that allows
other agencies or the public to make their views known. In such cases,
the agency decision may be made at the same time the notice of the
Final EIS is published, allowing both periods to run concurrently.
Should the FERC issue Gulf South authorizations for the proposed
Project, it would be subject to a 30-day rehearing period. Therefore,
the Commission could issue its decision concurrently with the EPA's
notice of availability.
    Additional information about the proposed Project is available from
the Commission's Office of External Affairs, at 1-866-208-FERC or on
the FERC Internet Web site (http://www.ferc.gov). To access information

via the FERC Web site click on the ``eLibrary'' link then click on
``General Search'' and enter the docket number (CP06-446) excluding the
last three digits in the Docket Number field. Be sure you have selected
an appropriate date range. The ``eLibrary'' link provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings. For assistance with ``eLibrary'', please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at 1-866-208-3676, or for TTY, contact<PHONE_NUMBER>.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
these documents. To learn more about eSubscription and to sign-up for
this service please go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10532 Filed 5-31-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65899-65901]
[FR Doc No: 2016-22887]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0315; FRL-9952-72-Region 4]

Air Plan Approval; Georgia; Prong 4--2008 Ozone, 2010
NO2, SO2, and 2012 PM2.5

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving the portions of revisions to the Georgia State Implementation
Plan (SIP), submitted by the Georgia Department of Natural Resources
(DNR), Environmental Protection Division (GAEPD), addressing the Clean
Air Act (CAA or Act) visibility transport (prong 4) infrastructure SIP
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012
annual Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). The CAA requires that each state adopt and
submit a SIP for the implementation, maintenance, and enforcement of
each NAAQS promulgated by EPA, commonly referred to as an
``infrastructure SIP.'' Specifically, EPA is conditionally approving
the prong 4 portions of Georgia's March 6, 2012, 8-hour Ozone
infrastructure SIP submission; March 25, 2013, 2010 1-hour
NO2 infrastructure SIP submission; October 22, 2013, 2010 1-
hour SO2 infrastructure SIP submission; and December 14,
2015, 2012 annual PM2.5 infrastructure SIP submission. All
other applicable infrastructure requirements for these SIP submissions
have been or will be addressed in separate rulemakings.

DATES: This rule will be effective [insert date 30 days after date of
publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under Docket
Identification No EPA-R04-OAR-2016-0315. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require states to address basic SIP elements such as the
requirements for monitoring, basic program requirements, and legal
authority that are designed to assure attainment and maintenance of the
newly established or revised NAAQS. More specifically, section
110(a)(1) provides the procedural and timing requirements for
infrastructure SIPs. Section 110(a)(2) lists specific elements that
states must meet for the

infrastructure SIP requirements related to a newly established or
revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions ensuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.
    Georgia's infrastructure SIP revisions cite to the regional haze
program as satisfying the requirements of prong 4 for the 2008 8-hour
Ozone, 2010 1-hour NO2, 2010 1-hour SO2, and 2012
annual PM2.5 NAAQS. However, the State may not currently
rely on its regional haze SIP to satisfy these requirements because EPA
has not yet fully approved Georgia's regional haze SIP as it relies on
the Clean Air Interstate Rule (CAIR) to satisfy the nitrogen oxides
(NOX) and SO2 Best Available Retrofit Technology
(BART) requirements for the CAIR-subject electric generating units
(EGUs) in the State and the requirement for a long-term strategy
sufficient to achieve the state-adopted reasonable progress goals.\1\
Therefore, on May 26, 2016, Georgia submitted a commitment letter to
EPA requesting conditional approval of the prong 4 portions of the
aforementioned infrastructure SIP revisions.
---------------------------------------------------------------------------

    \1\ CAIR, promulgated in 2005, required 27 states and the
District of Columbia to reduce emissions of NOX and
SO2 that significantly contribute to, or interfere with
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in
any downwind state. CAIR imposed specified emissions reduction
requirements on each affected State, and established several EPA-
administered cap and trade programs for EGUs that States could join
as a means to meet these requirements.
---------------------------------------------------------------------------

    In its commitment letter, Georgia commits to satisfy the prong 4
requirements for the 2008 8-hour ozone NAAQS, 2010 1-hour
NO2 NAAQS, 2010 1-hour SO2 NAAQS, and 2012
PM2.5 NAAQS by providing a SIP revision that adopts
provisions for participation in the Cross State Air Pollution Rule
annual NOX and annual SO2 trading programs,
including annual NOX and annual SO2 budgets that
are at least as stringent as the budgets codified for Georgia at 40 CFR
97.710(a) (SO2 Group 2 trading budgets) and 40 CFR 97.410(a)
(NOX Annual trading budgets). Georgia will rely on this SIP
revision adopting such budgets to submit a concurrent SIP revision
specifically addressing the visibility requirements of prong 4. In its
commitment letter, Georgia commits to providing these two concurrent
SIP revisions within one year of EPA's final conditional approval of
the prong 4 portions of the infrastructure SIP revisions and provides
an anticipated schedule for these revisions. If the revised
infrastructure SIP revision relies on a fully approvable regional haze
SIP, Georgia also commits to providing the necessary regional haze SIP
revision to EPA within one year of EPA's final conditional approval.
    If Georgia meets its commitment within one year of final
conditional approval, the prong 4 portions of the conditionally
approved infrastructure SIP submissions will remain a part of the SIP
until EPA takes final action approving or disapproving the new SIP
revision(s). However, if the State fails to submit these revisions
within the one-year timeframe, the conditional approval will
automatically become a disapproval one year from EPA's final
conditional approval and EPA will issue a finding of disapproval. EPA
is not required to propose the finding of disapproval. If the
conditional approval is converted to a disapproval, the final
disapproval triggers the FIP requirement under CAA section 110(c).
    In a notice of proposed rulemaking (NPRM) published on July 11,
2016 (81 FR 44831), EPA proposed to conditionally approve the prong 4
portions of the aforementioned infrastructure SIP submissions. The NPRM
provides additional detail regarding the rationale for EPA's action,
including further discussion of the prong 4 requirements and the basis
for Georgia's commitment letter. Comments on the proposed rulemaking
were due on or before August 10, 2016. EPA received no adverse comments
on the proposed action.

II. Final Action

    EPA is conditionally approving the prong 4 portions of Georgia's
March 6, 2012, 8-hour Ozone infrastructure SIP submission; March 25,
2013, 2010 1-hour NO2 infrastructure SIP submission; October
22, 2013, 2010 1-hour SO2 infrastructure SIP submission; and
December 14, 2015, 2012 annual PM2.5 infrastructure SIP
submission. All other applicable infrastructure requirements for these
SIP submissions have been or will be addressed in separate rulemakings.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 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 CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L.aw 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, the SIP 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 as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    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 November 25, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate Matter, Reporting and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.

    Dated: September 13, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. Section 52.569 is added to read as follows:

Sec.  52.569  Conditional approval.

    Georgia submitted a letter to EPA on May 26, 2016, with a
commitment to address the State Implementation Plan deficiencies
regarding requirements of Clean Air Act section 110(a)(2)(D)(i)(II)
related to interference with measures to protect visibility in another
state (prong 4) for the 2008 8-hour Ozone, 2010 1-hour NO2,
2010 1-hour SO2, and 2012 annual PM2.5 NAAQS. EPA
conditionally approved the prong 4 portions of Georgia's March 6, 2012,
8-hour Ozone infrastructure SIP submission; March 25, 2013, 2010 1-hour
NO2 infrastructure SIP submission; October 22, 2013, 2010 1-
hour SO2 infrastructure SIP submission; and December 14,
2015, 2012 annual PM2.5 infrastructure SIP submission in an
action published in the Federal Register on September 26, 2016. If
Georgia fails to meet its commitment by September 26, 2017, the
conditional approval will automatically become a disapproval on that
date and EPA will issue a finding of disapproval.
[FR Doc. 2016-22887 Filed 9-23-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54646-54648]
[FR Doc No: 2015-22845]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75846; File No. SR-NYSEArca-2015-78]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Section 3
of NYSE Arca Equities Rule 8 To Extend the Effectiveness of the ETP
Incentive Program for Additional One-Year Pilot Period, Ending
September 4, 2016

September 4, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 3, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
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\ 15 U.S.C. 78a.
    \3\ 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 Section 3 of NYSE Arca Equities Rule 8
(Trading of Certain Equity Derivatives) to extend the effectiveness of
the ETP Incentive Program for additional one-year pilot period, ending
September 4, 2016. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section 3 of NYSE Arca Equities Rule
8 (Trading of Certain Equity Derivatives) to extend the effectiveness
of the ETP Incentive Program \4\ for an additional one-year pilot
period, ending September 4, 2016.\5\
---------------------------------------------------------------------------

    \4\ The Commission approved the ETP Incentive Program on a pilot
basis in Securities Exchange Act Release No. 69706 (June 6, 2013),
78 FR 35340 (June 12, 2013) (SR-NYSEArca-2013-34) (``ETP Incentive
Program Release''). The Exchange subsequently filed to extend the
original pilot program for the ETP Incentive Program until September
4, 2015. See Securities Exchange Act Release No. 72963 (September 3,
2014), 79 FR 53492 (September 9, 2014) (SR-NYSEArca-2014-99) (notice
of filing and immediate effectiveness of proposed rule change
extending effectiveness of the ETP Incentive Program until September
4, 2015). In addition, the Exchange recently filed a proposed rule
change to amend Rules 7.25(c) and 8.800(b) to provide that exchange-
traded products (``ETPs'') already listed on the Exchange can be
admitted to the ETP Incentive Program on a monthly basis rather than
at the beginning of each quarter. See Securities Exchange Act
Release No. 75282 (June 24, 2015), 80 FR 37340 (June 30, 2015) (SR-
NYSEArca-2015-52) (notice of filing and immediate effectiveness of
proposed rule change amending NYSE Arca Equities Rules 7.25 and
8.800 to allow an issuer to elect for its ETP to participate in the
Crowd Participant Program or the ETP Incentive Program monthly
rather than quarterly and to extend the effectiveness of the Crowd
Participant Program until June 23, 2016). In SR-NYSEArca-2015-52,
the Exchange stated that the Exchange anticipates that expanding the
opportunity for issuers to enter the ETP Incentive Program will
facilitate the provision of extra liquidity to lower-volume ETPs by
incentivizing more Market Makers to take Lead Market Maker (``LMM'')
assignments in certain lower-volume ETPs.
    \5\ The ETP Incentive Program is scheduled to end on September
4, 2015. For purposes of the ETP Incentive Program, ETPs include
securities listed on the Exchange under the following rules: NYSE
Arca Equities Rules 5.2(j)(3) (Investment Company Units), 5.2(j)(5)
(Equity Gold Shares), 8.100 (Portfolio Depositary Receipts), 8.200
(Trust Issued Receipts), 8.201 (Commodity-Based Trust Shares), 8.202
(Currency Trust Shares), 8.203 (Commodity Index Trust Shares), 8.204
(Commodity Futures Trust Shares), 8.300 (Partnership Units), 8.600
(Managed Fund Shares), and 8.700 (Managed Trust Securities).

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    The ETP Incentive Program is a pilot program designed to
incentivize quoting and trading in ETPs and to add competition among
existing qualified Market Makers.\6\ In addition, the ETP Incentive
Program is designed to enhance the market quality for ETPs by
incentivizing Market Makers to take LMM \7\ assignments in certain
lower-volume ETPs by offering an alternative fee structure for such
LMMs that would be funded from the Exchange's general revenues. The ETP
Incentive Program is designed to improve the quality of market for
lower-volume ETPs, thereby incentivizing issuers to list them on the
Exchange. Moreover, as described in the ETP Incentive Program Release,
the Exchange believes that the ETP Incentive Program, which is entirely
voluntary, encourages competition among markets for issuers' listings
and among Market Makers for LMM assignments.
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    \6\ A Market Maker is an Equity Trading Permit Holder that acts
as a Market Maker pursuant to NYSE Arca Equities Rule 7. See NYSE
Arca Equities Rule 1.1(v). An Equity Trading Permit Holder is a sole
proprietorship, partnership, corporation, limited liability company,
or other organization in good standing that has been issued an
Equity Trading Permit. See NYSE Arca Equities Rule 1.1(n).
    \7\ The LMM program is designed to incentivize firms to take on
the LMM designation and foster liquidity provision and stability in
the market. In order to accomplish this, the Exchange currently
provides LMMs with an opportunity to receive incrementally higher
transaction credits and incur incrementally lower transaction fees
(``LMM Rates'') compared to standard liquidity maker-taker rates
(``Standard Rates''). The Exchange generally employs a maker-taker
transactional fee structure, whereby an Equity Trading Permit Holder
that removes liquidity is charged a fee (``Take Rate''), and an
Equity Trading Permit Holder that provides liquidity receives a
credit (``Make Rate''). See Trading Fee Schedule, available at
https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf.
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    The Exchange proposes to extend the current operation of the ETP
Incentive Program for an additional year to allow the Commission, the
Exchange, LMMs, and issuers to further assess the impact of such
program before proposing to make it available to other securities and
implementing the programs on a permanent basis.\8\ Issuers began
participating in the ETP Incentive Program following the extension of
the first pilot period. The Exchange believes that extending the ETP
Incentive Program pilot period for an additional year will provide
additional time to assess the impact of the program for these issuers
and to provide time for additional issuers to participate in the ETP
Incentive Program so that the Commission, the Exchange, LMMs, and
issuers may assess the impact of the program before making it available
to other securities or implementing it on a permanent basis.\9\
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    \8\ The Exchange notes that any proposed further continuance of
the ETP Incentive Program, a proposal to make the ETP Incentive
Program permanent, or a proposal to make such program available to
other securities would require a rule filing with the Commission
pursuant to Section 19(b) of the Act and Rule 19b-4 thereunder.
    \9\ The Exchange has provided to the Commission monthly market
quality reports relating to the ETP Incentive Program for the period
October 2014 through July 2015, which are posted to the Exchange's
Web site at https://www.nyse.com/products/etp-incentive-program.
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    Prior to the end of the pilot period ending September 4, 2016, the
Exchange proposes to post a report relating to the ETP Incentive
Program (the ``Assessment Report'') on its Web site five months before
the end of the pilot period or at the time it files to terminate the
pilot, whichever comes first. The proposed Assessment Report would list
the program objectives that are the focus of the pilot and, for each,
provide (a) a statistical analysis that includes evidence that is
sufficient to inform a reader about whether the program has met those
objectives during the pilot period, along with (b) a narrative
explanation of whether and how the evidence indicates the pilot has met
the objective, including both strengths and weaknesses of the evidence
in this regard. The Assessment Report also would include a discussion
of (a) the procedures used in selecting any samples that are used in
constructing tables or statistics for inclusion in the Assessment
Report, (b) the definitions of any variables and statistics reported in
the tables, including test statistics, (c) the statistical significance
levels of any test statistics and (d) other statistical or qualitative
information that may enhance the usefulness of the Assessment Report as
a basis for evaluating the performance of the program. The Assessment
Report would present statistics on product performance relative to the
performance of comparable or other suitable benchmark products
(including test statistics that permit the reader to evaluate the
statistical significance of any differences reported or discussed in
the report), along with information on the procedures that were used to
identify those comparable or benchmark products, the characteristics of
each comparable or benchmark products, the characteristics of each
product that is the focus of the pilot, the procedures used in
selecting the time horizon of the sample and the sensitivity of
reported statistics to changes in the time horizon of the sample.
    This filing is not otherwise intended to address any other issues
and the Exchange is not aware of any problems that Equity Trading
Permit Holders or issuers would have in complying with the monthly
selection provision [sic] or the proposed extension of the pilot
program.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\10\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\11\ in particular, in that it is 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.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the ETP Incentive Program is designed to
enhance the market quality for ETPs by incentivizing Market Makers to
take LMM assignments in certain lower volume ETPs by offering an
alternative fee structure for such LMMs that would be funded from the
Exchange's general revenues. The ETP Incentive Program is designed to
improve the quality of market for lower-volume ETPs, thereby
incentivizing them to list on the Exchange. Moreover, as described in
the ETP Incentive Program Release, the Exchange believes that the ETP
Incentive Program, which is entirely voluntary, encourages competition
among markets for issuers' listings and among Market Makers for LMM
assignments.
    The Exchange believes that, by providing additional time for
issuers to participate in the ETP Incentive Program, through an
extension of the pilot period until September 4, 2016, the ETP
Incentive Program would continue to provide an opportunity for
rewarding competitive liquidity-providing LMMs, with associated
requirements for quoting by LMMs at the National Best Bid or National
Best Offer. The ETP Incentive Program, therefore, has the potential to
enhance competition among liquidity providers and thereby improve
execution quality on the Exchange. An extension of such pilot period
will permit additional time for the Commission, the Exchange,

LMMs, and issuers to assess the impact of the ETP Incentive Program
before making it available to other securities. The Exchange will
continue to monitor the efficacy of the ETP Incentive Program during
the extended pilot period.
    The Exchange will continue to monitor the efficacy of the ETP
Incentive Program during the extended pilot period. Prior to the end of
the pilot period ending September 4, 2016, the Exchange proposes to
post an Assessment Report on its Web site five months before the end of
the pilot period or at the time it files to terminate the pilot,
whichever comes first. The proposed Assessment Report would list the
program objectives that are the focus of the pilot as well as
additional information described above.

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.
    The proposed extension to the pilot period for the ETP Incentive
Program is not designed to address any competitive issues but rather to
program [sic] additional time for the Commission, the Exchange, LMMs
and issuers to assess the impact of such program.

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

    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.
    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, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requests that the
Commission waive the 30-day operative delay to allow the ETP Incentive
Program to continue without interruption after September 4, 2015. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\12\ As stated in the proposal, the Exchange seeks to extend
the current operation of the ETP Incentive Program for an additional
year and does not propose any substantive changes to the program. The
Exchange states that issuers began participating in the ETP Incentive
Program following the extension of the first pilot period. The Exchange
believes that extending the ETP Incentive Program pilot period for an
additional year will provide additional time to assess the impact of
the program for these issuers and to provide time for additional
issuers to participate in the ETP Incentive Program so that the
Commission, the Exchange, LMMs, and issuers may assess the impact of
the program. The Commission notes that the Exchange will continue to
monitor the efficacy of the ETP Incentive Program during the extended
pilot period and will post the Assessment Report on its Web site prior
to the end of the pilot period. Because the proposed change does not
alter the substantive terms of the ETP Incentive Program and does not
raise any novel or unique regulatory issues, the Commission designates
the proposed rule change as operative upon filing.
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

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-2015-78 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-NYSEArca-2015-78. 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 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also 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-2015-78 and should
be submitted on or before October 1, 2015.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Brent J. Fields,
Secretary.
[FR Doc. 2015-22845 Filed 9-9-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50745-50746]
[FR Doc No: 2018-21839]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0147]

Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws

AGENCY: Department of Transportation--Office of the Secretary.

ACTION: No FEAR Act notice.

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SUMMARY: This Notice implements Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No
FEAR Act of 2002). It is the annual obligation for Federal agencies to
notify all employees, former employees, and applicants for Federal
employment of the rights and protections available to them under the
Federal Anti-discrimination and Whistleblower Protection Laws.

FOR FURTHER INFORMATION CONTACT: Yvette Rivera, Associate Director of
the Equity and Access Division (S-32), Departmental Office of Civil
Rights, Office of the Secretary, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Room W78-306, Washington, DC 20590, 202-366-
5131 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may retrieve this document online through the Federal Document
Management System at http://www.regulations.gov. Electronic retrieval
instructions are available under the help section of the website.

No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002,'' now
recognized as the No FEAR Act (Pub. L. 107-174). One purpose of the Act
is to ``require that Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws.'' (Pub. L. 107-
174, Summary). In support of this purpose, Congress found that
``agencies cannot be run effectively if those agencies practice or
tolerate discrimination'' (Pub. L. 107-174, Title I, General
Provisions, section 101(1)). The Act also requires the United States
Department of Transportation (USDOT) to provide this Notice to all
USDOT employees, former USDOT employees, and applicants for USDOT
employment. This Notice informs such individuals of the rights and
protections available under Federal antidiscrimination and
whistleblower protection laws.

Antidiscrimination Laws

    A Federal agency cannot discriminate against an employee or
applicant with respect to the terms, conditions, or privileges of
employment because of race, color, religion, sex, national origin, age,
disability, marital status, genetic information, or political
affiliation. One or more of the following statutes prohibit
discrimination on these bases: 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29
U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42 U.S.C. 2000e-16 and
2000ff.
    If you believe you have experienced unlawful discrimination on the
bases of race, color, religion, sex, national origin, age, genetic
information, and/or disability, you must contact an Equal Employment
Opportunity (EEO) counselor within 45 calendar days of the alleged
discriminatory action, or in the case of a personnel action, within 45
calendar days of the effective date of the action. A directory of EEO
officers is available on the Departmental Office of Civil Rights
website http://www.transportation.gov/civil-rights, under the ``Contact
Us'' tab. You will be offered the opportunity to resolve the matter
informally; if you are unable to resolve the matter informally, you can
file a formal complaint of discrimination with USDOT (See, e.g., 29 CFR
part 1614).
    If you believe you were a victim of unlawful discrimination based
on age, you must either contact an EEO counselor as noted above or give
notice of intent to sue to the Equal Employment Opportunity Commission
(EEOC) within 180 calendar days of the alleged discriminatory action.
As an alternative to filing a complaint pursuant to 29 CFR part 1614,
you can file a civil action in a United States district court under the
Age Discrimination in Employment Act, against the head of an alleged
discriminating agency after giving the EEOC not less than a 30-day
notice of the intent to file such action. You may file such notice in
writing with the EEOC via mail at P.O. Box 77960, Washington, DC 20013,
the EEOC website https://www.eeoc.gov/employees/charge.cfm, personal
delivery, or facsimile within 180 days of the occurrence of the alleged
unlawful practice.
    If you are alleging discrimination based on marital status or
political affiliation, you may file a written discrimination complaint
with the U.S. Office of Special Counsel (OSC). Form OSC-11 is available
online at the OSC website http://www.osc.gov, under the tab to file a
complaint. Additionally, you can download the form from http://www.osc.gov/Pages/Resources-OSCForms.aspx. Complete Form OSC-11 and
mail it to the Complaints Examining Unit, U.S. Office of Special
Counsel at 1730 M Street NW, Suite 218, Washington, DC 20036-4505. You
also have the option to call the Complaints Examining Unit at (800)
872-9855 for additional assistance. In the alternative (or in some
cases, in addition), you may pursue a discrimination complaint by
filing a grievance through the USDOT administrative or negotiated
grievance procedures, if such procedures apply and are available.
    If you are alleging compensation discrimination pursuant to the
Equal Pay Act, and wish to pursue your allegations through the
administrative process, you must contact an EEO counselor within 45
calendar days of the alleged discriminatory action as such complaints
are processed under EEOC's regulations at 29 CFR part 1614.
Alternatively, you may file a civil action in a court of competent
jurisdiction within two years, or if the violation is willful, three
years of the date of the alleged violation, regardless of whether you
pursued any administrative complaint processing. The filing of a

complaint or appeal pursuant to 29 CFR part 1614 shall not toll the
time for filing a civil action.

Whistleblower Protection Laws

    A USDOT employee with authority to take, direct others to take,
recommend, or approve any personnel action must not use that authority
to take, or fail to take, or threaten to take a personnel action
against an employee or applicant because of a disclosure of information
by that individual that is reasonably believed to evidence violations
of law, rule, or regulation; gross mismanagement; gross waste of funds;
an abuse of authority; or a substantial and specific danger to public
health or safety, unless the disclosure of such information is
specifically prohibited by law and such information is specifically
required by Executive Order to be kept secret in the interest of
national defense or the conduct of foreign affairs.
    Retaliation against a USDOT employee or applicant for making a
protected disclosure is prohibited (5 U.S.C. 2302(b)(8)). If you
believe you are a victim of whistleblower retaliation, you may file a
written complaint with the U.S. Office of Special Counsel at 1730 M
Street NW, Suite 218, Washington, DC 20036-4505 using Form OSC-11.
Alternatively, you may file online through the OSC website at http://www.osc.gov.

Disciplinary Actions

    Under existing laws, USDOT retains the right, where appropriate, to
discipline a USDOT employee who engages in conduct that is inconsistent
with Federal Antidiscrimination and Whistleblower Protection laws up to
and including removal from Federal service. If OSC initiates an
investigation under 5 U.S.C. 1214, USDOT must seek approval from the
Special Counsel to discipline employees for, among other activities,
engaging in prohibited retaliation (5 U.S.C. 1214). Nothing in the No
FEAR Act alters existing laws, or permits an agency to take unfounded
disciplinary action against a USDOT employee, or to violate the
procedural rights of a USDOT employee accused of discrimination.

Additional Information

    For more information regarding the No FEAR Act regulations, refer
to 5 CFR part 724, as well as the appropriate office(s) within your
agency (e.g., EEO/civil rights offices, human resources offices, or
legal offices). You can find additional information regarding Federal
antidiscrimination, whistleblower protection, and retaliation laws at
the EEOC website at http://www.eeoc.gov and the OSC website at http://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the Act nor
this notice creates, expands, or reduces any rights otherwise available
to any employee, former employee, or applicant under the laws of the
United States, including the provisions of law specified in 5 U.S.C.
2302(d).

    Issued in Washington, DC, on October 2, 2018.
Charles E. James, Sr.,
Director, Departmental Office of Civil Rights, U.S. Department of
Transportation.
[FR Doc. 2018-21839 Filed 10-5-18; 8:45 am]
 BILLING CODE 4910-9X-P