[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71886-71888]
[FR Doc No: 2011-29906]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0845; FRL-9492-2]

Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District and Sacramento Metropolitan Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Placer County Air Pollution Control District (PCAPCD) and Sacramento
Metropolitan Air Quality Management District (SMAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from coatings and strippers
used on wood products, wood paneling, and miscellaneous metal parts and
products. We are approving these local rules that regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).

DATES: This rule is effective on January 20, 2012 without further
notice, unless EPA receives adverse comments by December 21, 2011. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0845, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send email directly to EPA, your email address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD................................             236  Wood Products and               10/14/10        04/05/11
                                                         Coating Operations.
PCAPCD................................             238  Factory Coating of Flat         10/14/10        04/05/11
                                                         Wood Paneling.
SMAQMD................................             451  Surface Coating of              10/28/10        04/05/11
                                                         Miscellaneous Metal
                                                         Parts and Products.
----------------------------------------------------------------------------------------------------------------

    On May 6, 2011, EPA determined that the submittal for PCAPCD 236,
PCAPCD 238, and SMAQMD 451 met the completeness criteria in 40 CFR Part
51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved earlier versions of PCAPCD 236, PCAPCD 238, and SMAQMD
451 into the SIP on April 30, 1996 (61 FR 18962), February 12, 1996 (61
FR 5288), and January 24, 1985 (50 FR 3338), respectively. The PCAPCD
adopted revisions to the SIP-approved versions on October 14, 2010 and
CARB submitted them to us on April 5, 2011. There are no subsequent
submittals of the PCAPCD rules. The SMAQMD adopted revisions to the
SIP-approved version of Rule 451 on October 28, 2010 and CARB submitted
them to us on April 5, 2011. While we can act on only the most recently
submitted version, we have reviewed materials provided with previous
submittals.

C. What is the purpose of the submitted rule revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. The submitted rules
control emissions from coatings and strippers used on wood products,
wood paneling, and miscellaneous metal parts and products. EPA's
technical support documents (TSDs) have more information about these
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The PCAPCD and SMAQMD
regulate an ozone nonattainment area (see 40 CFR part 81), so the rules
must fulfill RACT.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``Control of Volatile Organic Compound Emissions from Wood
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
4. ``Control of Volatile Organic Compound Emissions from Existing
Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood
Paneling,'' EPA-450/2-78-032, June 1978.
5. ``Control Techniques Guidelines for Flat Wood Paneling
Coatings,'' EPA-453-/R-06-004, September 2006.
6. ``Control Technique Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA-453/R-08-003, September 2008.
7. ``Control Techniques Guidelines for Metal Furniture Coatings,''
EPA-453/R-07-005, September 2007.
8. ``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume III: Surface Coating of Metal Furniture,'' EPA-450/2-
77-032, December 1977.
9. ``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' EPA-450/2-78-015, June 1978.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. PCAPCD
236, PCAPCD 238, and SMAQMD 451 have a few rule relaxation concerns,
but we do not consider them deficiencies. The TSDs have more
information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by December 21, 2011, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on January 20, 2012. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

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

    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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 20, 2012. 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. Parties
with objections to this direct final rule are encouraged to file a
comment in response to the parallel notice of proposed rulemaking for
this action published in the Proposed Rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: October 24, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(388) (i)(D)(3)
and (E) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (D) * * *
    (3) Rule 451, ``Surface Coating of Miscellaneous Metal Parts and
Products,'' amended October 28, 2010.
    (E) Placer County Air Pollution Control District.
    (1) Rule 236, ``Wood Products and Coating Operations,'' amended
October 14, 2010, effective July 1, 2011.
    (2) Rule 238, ``Factory Coating of Flat Wood Paneling,'' amended
October 14, 2010, effective July 1, 2011.
* * * * *
[FR Doc. 2011-29906 Filed 11-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 57980-57982]
[FR Doc No: 2023-18189]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98168; File No. SR-NYSEARCA-2023-55]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.44-
E

August 18, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 8, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.44-E relating to the Retail
Liquidity Program. The proposed rule change is available on the
Exchange's website 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
    NYSE Arca Rule 7.44-E currently sets forth the Exchange's Retail
Liquidity Program (the ``Program''), which is intended to attract
retail order flow to the Exchange and allow such order flow to receive
potential price improvement.\3\ Currently, Rule 7.44-E provides for a
class of market participant called Retail Liquidity Providers
(``RLPs'') who, along with non-RLP ETP Holders, are able to provide
potential price improvement to retail investor orders in the form of a
non-displayed order that is priced better than the best protected bid
or offer, called a Retail Price Improvement Order (``RPI Order'').\4\
When there is an RPI Order in a particular security, the Exchange
disseminates an indicator, known as the Retail Liquidity Identifier,
that such interest exists.\5\ Retail Member Organizations (``RMOs'')
can submit a Retail Order to the Exchange, which interacts, to the
extent possible, with available contra-side RPI Orders and then may
interact with other liquidity on the Exchange or elsewhere, depending
on the Retail Order's instructions.\6\ The segmentation in the Program
is intended to allow retail order flow to receive potential price
improvement as a result of their order flow being deemed more desirable
by liquidity providers.
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    \3\ The Program was established on a pilot basis in 2013 and was
approved by the Commission to operate on a permanent basis in 2019.
See Securities Exchange Act Release No. 87350 (October 18, 2019), 84
FR 57106 (October 24, 2019) (SR-NYSEArca-2019-63).
    \4\ See Rules 7.44-E(a)(1) (defining an RLP) and 7.44-E(a)(4)
(defining RPI Order).
    \5\ See Rule 7.44-E(j).
    \6\ See Rule 7.44-E(a)(2) (defining RMO); Rules 7.44-E(a)(3) and
7.44-E(k) (describing Retail Orders).
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    The Exchange has determined to discontinue the Program, as its
affiliated exchange NYSE National, Inc. (``NYSE National'') is
proposing to implement a similarly structured Retail Liquidity
Program.\7\ Accordingly, the Exchange proposes to delete the text of
Rule 7.44-E and designate the rule as Reserved. The Exchange notes that
its affiliate New York Stock Exchange LLC (``NYSE'') also currently
offers a similarly structured Retail Liquidity Program,\8\ and both the
NYSE Retail Liquidity Program and the proposed NYSE National Retail
Liquidity Program would be available to RMOs that currently participate
in the Program. The Exchange further notes that several other equities
exchanges currently offer retail price improvement programs as well.\9\
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    \7\ See SR-NYSENAT-2023-17. The Exchange proposes to
decommission the Program in tandem with the introduction of the NYSE
National Retail Liquidity Program in the third quarter of 2023, on a
date to be announced via Trader Update.
    \8\ See NYSE Rule 7.44 (setting forth NYSE Retail Liquidity
Program).
    \9\ See, e.g., Cboe BYX Exchange, Inc. (``BYX'') Rule 11.24
(setting forth BYX's Retail Price Improvement Program); Nasdaq BX,
Inc. (``BX'') Rule 4780 (setting forth BX's Retail Price Improvement
Program); Investors Exchange LLC (``IEX'') Rule 11.232 (setting
forth IEX's Retail Price Improvement Program).
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    Subject to the effectiveness of this proposed rule change, the
Exchange will implement this change in the third quarter of 2023 and
announce the implementation date by Trader Update.
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),\11\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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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    Specifically, the Exchange believes that the proposed designation
of Rule 7.44-E as Reserved in conjunction with the decommissioning of
the Program would remove impediments to and perfect the mechanism of a
free and open market and a national market system by deleting rule text
that would no longer have application, thereby promoting clarity,
transparency, and consistency in the Exchange's rulebook. In addition,
the proposed change would ensure that the Exchange's rules accurately
reflect the functionality offered by the Exchange.
    The Exchange further believes that the proposed change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system and would not be inconsistent with the public
interest or the protection of investors because the proposed change to
designate Rule 7.44-E as Reserved would alleviate any potential
confusion among market participants regarding the availability of the
Program. The Exchange also believes that investors would not be harmed
by the proposed change, as a similarly structured Retail Liquidity
Program is offered on its affiliated exchange NYSE and is proposed to
be offered on its affiliate NYSE National; in addition, several other
equities exchanges also currently offer price improvement programs for
retail order flow.\12\ The Exchange further notes that it is not under
any requirement to offer the Program and that participation in the
Program is voluntary.
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    \12\ See notes 8, 9 & 10, supra.
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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. As noted above, multiple
equities exchanges currently offer retail price improvement programs,
and investors can readily choose to direct retail order flow to any of
the other available programs (including the NYSE Retail Liquidity
Program or the proposed NYSE National Retail Liquidity Program, both of
which are structured similarly to the Program). Accordingly, the
Exchange does not believe that the discontinuation of the Program would
harm competition.

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

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

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

    The Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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 \15\ and Rule 19b-4(f)(6)(iii) thereunder.\16\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. As discussed above, the
Exchange states that this proposed change would remove impediments to
and perfect the mechanism of a free and open market and a national
market system and would not be inconsistent with the public interest or
the protection of investors because it would remove the Program from
the rulebook of Exchange and prevent potential confusion among market
participants regarding the availability of the Program. The Exchange
also states that retiring the Program should not harm investors
because: (1) NYSE, an affiliated exchange, will continue to offer a
similarly structured Retail Liquidity Program, and (2) NYSE National,
an affiliated exchange, proposes to introduce a Retail Liquidity
Program concurrent with this Program's discontinuance. The Exchange
further states that both its offering of the Program and participation
therein by ETP Holders are voluntary. The Commission believes that
waiver of the operative delay is consistent with the protection of
investors and the public interest because it will reduce the likelihood
of any potential confusion among market participants regarding the
availability of the Program on the Exchange. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \20\ 15 U.S.C. 78s(b)(2)(B).
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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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSEARCA-2023-55 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-2023-55. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSEARCA-2023-55 and should
be submitted on or before September 14, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-18189 Filed 8-23-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Page 15218]
[FR Doc No: 2017-05943]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications

Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
           Docket number               File date          requester
------------------------------------------------------------------------
Prohibited:
    1. CP15-554-000...............        3-9-2017  Steven Lash.
Exempt:
    1. CP16-22-000................        3-6-2017  U.S. Senator Sherrod
                                                     Brown.
    2. CP14-497-000...............       3-15-2017  Town of Dryden, New
                                                     York.
    3. CP16-10-000................       3-17-2017  FERC Staff.\1\
    4. CP16-13-000................  ..............  ....................
------------------------------------------------------------------------

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    \1\ Memorandum dated March 17, 2017 forwarding emails with
Ginger Smithers.

    Dated: March 21, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-05943 Filed 3-24-17; 8:45 am]
 BILLING CODE 6717-01-P