[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61364-61365]
[FR Doc No: 2014-24208]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73308; File No. SR-ISE- 2014-45]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Add a Reference to Exchange Act Rule 10C-1 in the Exchange's
Rules Concerning Unlisted Trading Privileges

October 6, 2014.
    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 September 22, 2014 the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The ISE proposes to add language to Rule 2101(a), entitled
``Unlisted Trading Privileges,'' that will make clear that the Exchange
will not list equity securities without first ensuring that its rules
comply with Rule 10C-1 under the Act (``Rule 10C-1'').\3\ The text of
the proposed rule change is available on the Exchange's Web site
(http://www.ise.com), at the principal office of the Exchange, and at
the Commission's Public Reference Room.
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    \3\ 17 CFR 240.10C-1.
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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
    The Exchange is proposing to add language to Rule 2101(a), which
will clarify the fact that the Exchange will not list equity securities
without first ensuring that Exchange Rules comply with Rule 10C-1, as
described below.\4\
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    \4\ Id.
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    On March 30, 2011, to implement Section 10C of the Act,\5\ as added
by Section 952 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (``Dodd-Frank Act''),\6\ the Commission proposed
Rule 10C-1 under the Act,\7\ which directs each national securities
exchange to prohibit the listing of any equity security of any issuer,
with certain exceptions, that does not comply with the rule's
requirements regarding compensation committees of listed issuers and
related requirements regarding compensation advisers. On June 20, 2012,
the Commission adopted Rule 10C-1.\8\ Rule 10C-1 obligates the Exchange
to establish listing standards that require each member of a listed
issuer's compensation committee to be a member of the issuer's board
and to be independent, as well as establish certain factors that an
issuer must consider when evaluating the independence of a director.\9\
Rule 10C-1 also requires the Exchange to establish standards for
evaluating the independence of a compensation consultant, legal
counsel, or other adviser (``Compensation Consultant'') and requires a
Company to provide funding to a compensation committee to retain such
Compensation Consultant.\10\
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    \5\ 15 U.S.C. 78j-3.
    \6\ Public Law 111-203, 124 Stat. 1900 (2010).
    \7\ See Securities Act Release No. 9199, Securities Exchange Act
Release No. 64149 (March 30, 2011), 76 FR 18966 (April 6, 2011)
(``Rule 10C-1 Proposing Release'').
    \8\ See Securities Act Release No. 9330, Securities Exchange Act
Release No. 67220 (June 20, 2012), 77 FR 38422 (June 27, 2012)
(``Rule 10C-1 Adopting Release'').
    \9\ 17 CFR 240.10C-1.
    \10\ Id.
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    The Exchange does not currently list any equity securities as a
primary listing market. Consistent with this fact, Exchange Rule
2101(a) currently states that all equity securities traded on the ISE
Stock Exchange \11\ are traded pursuant to unlisted trading privileges
and that the Exchange will not list any such securities before first
filing and obtaining Commission approval of rules that incorporate
qualitative listing criteria and comply with Rule 10A-3 under the
Act.\12\ To make clear the Exchange's intention to comply with the
requirements of Rule 10C-1, the Exchange proposes to amend Rule 2101(a)
to state that no equity securities will be listed on the ISE Stock
Exchange until Exchange Rules have been amended to also comply with
Rule 10C-1. Because the Exchange does not presently list any equity
securities, the Exchange does not believe it is necessary to make any
further amendments in response Section 952 of the Dodd-Frank Act at
this time.
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    \11\ The ISE Stock Exchange is the Exchange's facility for
trading equity securities.
    \12\ 17 CFR 240.10A-3.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\13\ Specifically, the
proposal is consistent with Section 6(b)(5) of the Act,\14\ which
requires exchange rules to promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system, and, in general, protect
investors and the public interest. The Exchange believes the proposed
rule change fulfills these requirements because it will add language to
Rule 2101(a) that clarifies the fact that the Exchange will not list
equity securities without first ensuring that its rules comply with
Rule 10C-1, which implements Section 10C of the Act.\15\
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78j-3.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposal is consistent with Section
6(b)(8) of the Act \16\ in that it does not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange notes that the proposed rule

change will merely clarify the fact that Exchange Rules must comply
with Rule 10C-1 under the Act before any listing of equity securities
on the Exchange becomes effective. Thus, the rule change will not
impose any burden on intermarket or intramarket competition.
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    \16\ 15 U.S.C. 78f(b)(8).
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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 Exchange believes that the foregoing proposed rule change may
take effect upon filing with the Commission pursuant to
Section19(b)(3)(A) \17\ of the Act and Rule 19b-4(f)(6) thereunder \18\
because the foregoing proposed rule change does not (i) significantly
affect the protection of investors or the public interest, (ii) impose
any significant burden on competition, and (iii) become operative for
30 days after its filing date, or such shorter time as the Commission
may designate.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2014-45 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-ISE-2014-45. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of 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-ISE-2014-45, and should be
submitted on or before October 31, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24208 Filed 10-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Page 46571]
[FR Doc No: 2015-19203]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR15-31-000]

Noble Midstream Services, LLC; Notice of Request for Waiver

    Take notice that on July 23, 2015, pursuant to Rule 204 of the
Commission's Rules of Practices and Procedure, 18 CFR 385.204 (2014),
Noble Midstream Services, LLC filed a petition requesting temporary
waiver of the tariff filing and reporting requirements of sections 6
and 20 of the Interstate Commerce Act and parts 341 and 357 of the
Commission's regulations, as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 6, 2015.

    Dated: July 30, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-19203 Filed 8-4-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Proposed Rules]
[Pages 1794-1795]
[FR Doc No: 2020-00266]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0707; FRL-10004-00-Region 7]

Air Plan Approval; Missouri; Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by
Missouri on March 7, 2019. Missouri requests that EPA revise its open
burning rule. These revisions include adding definitions to the rule,
removing certain provisions from the rule, consolidating requirements,
and removing incorporations by reference. The EPA's proposed approval
of this rule revision is being done in accordance with the requirements
of the Clean Air Act (CAA).

DATES: Comments must be received on or before February 12, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0707 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7016; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What Action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0707, at https://www.regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to 10 Code of State
Regulation (CSR) 10-6.045, Open Burning, in the Missouri SIP. Missouri
made several revisions to the rule. These revisions are described in
detail in the technical support document (TSD) included in the docket
for this action.
    Missouri received seventeen comments from five sources during the
comment period. EPA provided five comments on the rule. Missouri
responded to all seventeen comments, as noted in the state submission
included in the docket for this action. Missouri responded to EPA's
comments and, as described in the TSD for this action, amended the
rule, in response to some of EPA's comments.
    Therefore, EPA is proposing to approve the revisions to this rule
because it will not have a negative impact on air quality.

III. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from August 1, 2018
to September 30, 2018 and received seventeen comments. As stated above,
MDNR responded to all comments. In addition, as explained above, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to approve Missouri's request to revise 10 CSR
10-6.045. We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER

INFORMATION CONTACT section of this preamble for more information).

VI. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
    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 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds, Particulate matter, Sulfur dioxide, Nitrogen oxide.

    Dated: January 7, 2020.
Edward Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

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-AA Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.045'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
   Missouri  citation             Title          effective date      EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10-6.045................  Open Burning.........       2/28/2019  [Date of publication of    ....................
                                                                  the final rule in the
                                                                  Federal Register],
                                                                  [Federal Register
                                                                  citation of the final
                                                                  rule].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-00266 Filed 1-10-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Page 62780]
[FR Doc No: 2023-19765]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission (FERC), DOE.

ACTION: Rescindment of a system of records notice.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, the Federal Energy Regulatory
Commission (Commission or FERC) proposes to rescind an existing system
of records notice. Specifically, the following SORN is being proposed
for rescindment: ``FERC--50: Commission Accounting System Records.''
The basis for rescindment is explained below.

DATES: Please submit comments on this rescindment notice on or before
October 13, 2023. If no public comment is received during the period
allowed for comment or unless otherwise published in the Federal
Register by FERC, the rescindment will become effective a minimum of 30
days after the date of publication in the Federal Register. If FERC
receives public comments, FERC shall review the comments to determine
whether any changes to the notice are necessary.

ADDRESSES: Comments may be submitted in writing to Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, or
electronically to [email protected]. Comments should indicate that they
are submitted in response to Commission Accounting System Records
(FERC-50).

FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory Commission,
Geoff Gilliar, Director, Office of Executive Director, Financial
Information Technology and Travel Division, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Commission Accounting System Records was
identified for rescindment from the FERC's Privacy Act systems of
records inventory because the Departmental Integrated Standardized Core
Accounting System was decommissioned and replaced by PeopleSoft
Financials. OMB requires that each agency provide assurance that
systems of records do not duplicate any existing agency or government-
wide systems of records. The decommissioned system was replaced by
another IT system which is covered by an existing system of records
FERC-56: PeopleSoft Financials 87 FR 2777 (January 19, 2022).

SYSTEM NAME AND NUMBER: Commission's Accounting System Records--FERC--
50
HISTORY:
    65 FR 21760 (April 24, 2000)

    Dated: September 7, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-19765 Filed 9-12-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41052-41054]
[FR Doc No: 2022-14494]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0859; Airspace Docket No. 19-AAL-57]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
390; St. Paul Island, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation (RNAV)
route T-390 in the vicinity of St. Paul Island, AK in support of a
large and comprehensive T-route modernization project for the state of
Alaska.

DATES: Effective date 0901 UTC, September 8, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV in Alaska and improve
the efficient flow of air traffic

within the National Airspace System by lessening the dependency on
ground based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0859 in the Federal Register (86 FR 58814; October 25, 2021),
establishing United States Area Navigation (RNAV) route T-390 in the
vicinity of St. Paul Island, AK in support of a large and comprehensive
T-route modernization project for the state of Alaska. Interested
parties were invited to participate in this rulemaking effort by
submitting comments on the proposal. There were no comments received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F dated August 10, 2021 and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document would be published subsequently
in FAA Order JO 7400.11F.

Differences From the NPRM

    Subsequent to the publication of the NPRM for Docket No. FAA-2021-
0859 in the Federal Register (86 FR 58814; October 25, 2021),
establishing United States Area Navigation (RNAV) route T-390 in the
vicinity of St. Paul Island, AK, the FAA determined it was necessary to
and rename the ZEKTI waypoint (WP) to the DUMZU WP to comply with FAA
administrative guidance for FIX-name reservations. Additionally, the
FAA determined it was necessary to relocate the WANKI and ZEKTI (now
DUMZU) waypoints to address instrument flight procedure concerns
related to two points (i.e. FIX, navigational aid, waypoints) being
located too close to one another. As a result, the latitude/long
geographic coordinates for the WANKI and DUMZU waypoints are changed
from what was proposed in the NPRM. This change moves the waypoints by
approximately 600-feet from the location as proposed in the NPRM. This
rule incorporates these changes.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV route T-390
in the vicinity of St. Paul Island, AK in support of a large and
comprehensive T-route modernization project for the state of Alaska.
    The route is described below.
    T-390: This action establishes T-390 from the WANKI, AK, WP to the
DUMZU, AK, WP located adjacent to the Iliamna, AK, (ILI) Non-
Directional Beacon (NDB).
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA determined that this airspace action of establishing RNAV
route T-390 in the vicinity of St. Paul Island, AK qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-390 WANKI, AK to ZEKTI, AK [New]
WANKI, AK               WP                     (Lat. 57[deg]09'20.20'' N, long. 170[deg]13'52.46'' W)

DIBWO, AK               WP                     (Lat. 56[deg]19'43.49'' N, long. 169[deg]13'13.14'' W)
ALEUT, AK               WP                     (Lat. 54[deg]14'16.58'' N, long. 166[deg]32'51.82'' W)
ZEBUV, AK               WP                     (Lat. 54[deg]18'15.84'' N, long. 165[deg]56'54.35'' W)
TESPE, AK               WP                     (Lat. 54[deg]55'58.89'' N, long. 164[deg]46'55.85'' W)
King Salmon, AK (AKN)   VORTAC                 (Lat. 58[deg]43'28.97'' N, long. 156[deg]45'08.45'' W)
DUMZU, AK               WP                     (Lat. 59[deg]44'53.05'' N, long. 154[deg]54'46.79'' W)

* * * * *

    Issued in Washington, DC, on July 1, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-14494 Filed 7-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Pages 6844-6846]
[FR Doc No: 2019-03472]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85183; File No. SR-CboeBZX-2019-009]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend the Fee Schedule Applicable to Members and Non-Members of the
Exchange Pursuant to BZX Rules 15.1(a) and (c)

February 22, 2019.
    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 February 11, 2019, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the 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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend the fee schedule applicable to Members and non-
Members \3\ of the Exchange pursuant to BZX Rules 15.1(a) and (c). The
text of the proposed rule change is attached as Exhibit 5.
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    \3\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, 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 Exchange 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 Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend the fee schedule applicable to its
equities trading platform (``BZX Equities'') to add a third Step-Up
Tier under footnote 2.\4\ The Exchange currently offers two Step-Up
Tiers that provide Members with additional ways to qualify for an
enhanced rebate where they increase their relative liquidity each month
over a predetermined baseline. Under the current Step-Up Tiers, a
Member receives a rebate of $0.0030 or $0.0031 per share for qualifying
orders which yield fee codes B,\5\ V,\6\ or Y \7\ if the corresponding
required criteria is met.
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    \4\ The Exchange initially filed the proposed fee change on
January 29, 2019 (SR-CboeBZX-2019-003). On business date February
11, 2019, the Exchange withdrew that filing and submitted this
filing.
    \5\ Fee code B is appended to displayed orders which add
liquidity to Tape B and is provided a rebate of $0.0025 per share.
    \6\ Fee code V is appended to displayed orders which add
liquidity to Tape A and is provided a rebate of $0.0020 per share.
    \7\ Fee code Y is appended to displayed orders which add
liquidity to Tape C and is provided a rebate of $0.0020 per share.
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    The Exchange now proposes to amend footnote 2 to add a third Step-
Up Tier. Under the proposed Step-Up Tier 3, a Member would receive a
rebate of $0.0031 per share for their qualifying orders which yield fee
codes B, V, or Y where the Member has a Step-Up Add TCV from December
2018 greater or equal to 0.20%. As currently defined in the BZX
Equities fee schedule, Step-Up Add TCV means ADAV \8\ as a percentage
of TCV \9\ in the relevant baseline month

subtracted from current ADAV as a percentage of TCV.\10\ Members that
achieve the proposed Step-Up Tier must therefore increase the amount of
liquidity that they provide on BZX relative to the TCV each month,
thereby contributing to a deeper and more liquid market.
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    \8\ ``ADAV'' means average daily volume calculated as the number
of shares added per day. ADAV is calculated on a monthly basis.
    \9\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
    \10\ The following demonstrates how Step-Up Add TCV is
calculated: In December 2018, Member A had an ADAV of 12,947,242
shares and average daily TCV was 9,248,029,751, resulting in an ADAV
as a percentage of TCV of 0.14%; In February 2019, Member A had an
ADAV of 24,826,572 and average daily TCV was 7,093,306,325,
resulting in an ADAV as a percentage of TCV of 0.35%. Member A's
Step-Up Add TCV from December 2018 was therefore 0.21% which makes
Member A eligible for the Tier 3 rebate. (i.e., 0.35% (Feb 2019)--
0.14% (Dec 2018), which is greater than 0.20% as required by Tier
3).
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2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\11\ in general, and
furthers the objectives of Section 6(b)(4),\12\ 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 also 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 or incentives to be insufficient. The proposed
rule changes reflect a competitive pricing structure designed to
incentivize market participants to direct their order flow to the
Exchange.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange notes that rebates such as that
proposed herein have been widely adopted by exchanges,\13\ including
the Exchange,\14\ and are equitable because they are open to all
Members on an equal basis and provide additional benefits or discounts
that are reasonably related to: (i) The value to an exchange's market
quality and (ii) associated higher levels of market activity, such as
higher levels of liquidity provision and/or growth patterns. The
Exchange believes that the proposed tier is a reasonable, fair and
equitable, and not unfairly discriminatory allocation of fees and
rebates because it will continue to provide Members with an incentive
to reach certain thresholds on the Exchange. Particularly, the proposed
Tier rewards a Member's growth pattern since the end of the previous
year (2018).
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    \13\ See e.g., NYSE Arca Equities, Fees and Charges, Step Up
Tiers.
    \14\ See Cboe BZX U.S. Equities Exchange Fee Schedule, Footnote
2, Step-Up Tiers 1 and 2.
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    The Exchange believes the proposed Step-Up Tier is a reasonable
means to encourage Members to increase their liquidity on the Exchange
based on increasing their relative volume above a predetermined
baseline. Increased liquidity benefits all investors by deepening the
Exchange's liquidity pool, offering additional flexibility for all
investors to enjoy cost savings, supporting the quality of price
discovery, promoting market transparency and improving investor
protection. The Exchange also believes that proposed rebate is
reasonable based on the difficulty of satisfying the tier's criteria,
including using December 2018 as the predetermined baseline.
Furthermore, the Exchange believes that the proposed Step-Up Tier is
not unfairly discriminatory as it applies to all members that meet the
required criteria.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed change burdens competition, but rather, enhances
competition as it is intended to increase the competitiveness of BZX by
adopting an additional pricing incentive in order to attract order flow
and incentivize participants to increase their participation on the
Exchange. 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 structures to be unreasonable or
excessive. The proposed change is generally intended to enhance the
rebate for liquidity added to the Exchange, which is intended to draw
additional liquidity to the Exchange. The Exchange does not believe the
proposed amendment would burden intramarket competition as it would be
available to all Members uniformly.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4\16\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2019-009 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-CboeBZX-2019-009. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CboeBZX-2019-009 and should
be submitted on or before March 21, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03472 Filed 2-27-19; 8:45 am]
 BILLING CODE 8011-01-P