[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52896-52898]
[FR Doc No: 2017-24794]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the

government in the Sunshine Act (Pub. L. No. 94-409), 5 U.S.C. 552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: November 16, 2017, 10:00 a.m.

PLACE: Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS: OPEN.

MATTERS TO BE CONSIDERED: Agenda, * NOTE--Items listed on the agenda
may be deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                                                 1037th--Meeting
                                 [Regular Meeting; November 16, 2017 10:00 a.m.]
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 ADMINISTRATIVE
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD18-1-000......................  Agency Administrative Matters.
A-2.....................  AD18-2-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
A-3.....................  AD07-13-011.....................  2017 Report on Enforcement.
----------------------------------------------------------------------------------------------------------------
                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1.....................  RM16-22-000.....................  Coordination of Protection Systems for Performance
                                                             During Faults and Specific Training for Personnel
                                                             Reliability Standards.
E-2.....................  RR15-2-005......................  North American Electric Reliability Corporation.
E-3.....................  ER13-75-011, ER15-416-001.......  Public Service Company of Colorado.
                          ER13-77-010, ER15-433-001.......  Tucson Electric Power Company.
                          ER13-78-011, ER15-434-001.......  UNS Electric, Inc.
                          ER13-79-009, ER15-413-001.......  Public Service Company of New Mexico.
                          ER13-82-009, ER15-411-006.......  Arizona Public Service Company.
                          ER13-91-008, ER15-426-001.......  El Paso Electric Company.
                          ER13-96-009, ER15-431-001.......  Black Hills Power, Inc.
                          ER13-97-009, ER15-430-001.......  Black Hills Colorado Electric Utility Company, LP
                          ER13-105-005....................  NV Energy, Inc.
                          ER15-423-001, ER15-428-003......  Nevada Power Company.
                          ER15-424-001....................  Sierra Pacific Power Company.
                          ER13-120-009, ER15-432-001......  Cheyenne Light, Fuel, & Power Company.
E-4.....................  ER17-1310-001...................  New York Independent System Operator, Inc.
E-5.....................  ER15-572-000, ER15-572-002, ER15- New York Independent System Operator, Inc.
                           572-006.
E-6.....................  ER16-120-001, ER16-120-003, EL15- New York Independent System Operator, Inc.
                           37-002.
E-7.....................  ER17-2362-000...................  PJM Interconnection, L.L.C.
E-8.....................  ER17-249-001....................  PJM Interconnection, L.L.C.
E-9.....................  ER17-528-000, ER17-528-001......  PJM Interconnection, L.L.C.
E-10....................  ER17-1269-000...................  FirstEnergy Solutions Corp.
E-11....................  ER17-1272-000, ER17-1559-000....  FirstEnergy Solutions Corp.
E-12....................  ER17-889-000....................  Southwest Power Pool, Inc.
E-13....................  ER17-1482-000...................  Southwest Power Pool, Inc.
E-14....................  ER17-1160-000, ER17-1160-001....  Entergy Arkansas, Inc.
E-15....................  ER10-1350-006...................  Entergy Services, Inc.
E-16....................  ER17-897-000....................  Entergy Louisiana, Inc.
E-17....................  EL09-61-006.....................  Louisiana Public Service Commission v. Entergy
                                                             Corporation, Entergy Services, Inc., Entergy
                                                             Louisiana, L.L.C., Entergy Arkansas, Inc., Entergy
                                                             Mississippi, Inc., Entergy New Orleans, Inc.,
                                                             Entergy Gulf States Louisiana, L.L.C. and Entergy
                                                             Texas, Inc.
E-18....................  ER17-1221-000...................  NorthWestern Corporation.
E-19....................  ER17-1014-000...................  Midcontinent Independent System Operator, Inc.
E-20....................  ER16-938-005, ER16-938-006......  Arizona Public Service Company.
E-21....................  ER17-558-000....................  Louisville Gas and Electric Company.
E-22....................  ER17-1386-000...................  Bishop Hill Energy LLC.
E-23....................  EL16-78-001, QF90-203-008.......  Saguaro Power Company, A Limited Partnership.
E-24....................  EL17-74-000, QF90-73-009........  EF Kenilworth LLC.
E-25....................  EL16-112-001....................  Coalition of MISO Transmission Customers v.
                                                             Midcontinent Independent System Operator, Inc.
                          ER17-892-000....................  Midcontinent Independent System Operator, Inc.

E-26....................  EL17-13-000.....................  American Municipal Power, Inc., Blue Ridge Power
                                                             Agency, Craig-Botetourt Electric Cooperative,
                                                             Indiana Michigan Municipal Distributors
                                                             Association, Indiana Municipal Power Agency, Old
                                                             Dominion Electric Cooperative, Inc., Wabash Valley
                                                             Power Association, Inc. v. Appalachian Power
                                                             Company, Columbus Southern Power Company, Indiana
                                                             Michigan Power Company, Kentucky Power Company,
                                                             Kingsport Power Company, Ohio Power Company,
                                                             Wheeling Power Company, AEP Appalachian
                                                             Transmission Company, Inc., AEP Indiana Michigan
                                                             Transmission Company, Inc., AEP Kentucky
                                                             Transmission Company, Inc., AEP Ohio Transmission
                                                             Company, Inc. and AEP West Virginia Transmission
                                                             Company, Inc.
E-27....................  EL17-76-000.....................  East Texas Electric Cooperative, Inc. v. Public
                                                             Service Company of Oklahoma, Southwestern Electric
                                                             Power Company, AEP Oklahoma Transmission Company
                                                             and AEP Southwestern Transmission Company.
E-28....................  EL17-59-000.....................  Joint California Complainants v. Pacific Gas and
                                                             Electric Company.
E-29....................  EL16-120-001....................  New England Power Generators Association, Inc. v.
                                                             ISO New England Inc.
----------------------------------------------------------------------------------------------------------------
                                                       GAS
----------------------------------------------------------------------------------------------------------------
G-1.....................  OR14-4-000, OR14-4-001..........  Guttman Energy, Inc., d/b/a, Guttman Oil Company,
                                                             and PBF Holding Company, LLC v. Buckeye Pipe Line
                                                             Company, L.P. and Laurel Pipe Line Company, L.P.
G-2.....................  RP17-887-000....................  Equitrans, L.P.
----------------------------------------------------------------------------------------------------------------
                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-13160-010.....................  Red River Hydro, LLC.
H-2.....................  P-2146-217......................  Alabama Power Company.
H-3.....................  P-1417-269......................  Jeffrey Lake Development, Inc.
----------------------------------------------------------------------------------------------------------------
                                                  CERTIFICATES
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP16-17-001.....................  Millennium Pipeline Company, L.L.C.
----------------------------------------------------------------------------------------------------------------

    Issued: November 9, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    A free webcast of this event is available through www.ferc.gov.
Anyone with Internet access who desires to view this event can do so by
navigating to www.ferc.gov's Calendar of Events and locating this event
in the Calendar.
    The event will contain a link to its webcast. The Capitol
Connection provides technical support for the free webcasts. It also
offers access to this event via television in the DC area and via phone
bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or contact Danelle Springer or David
Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2017-24794 Filed 11-13-17; 11:15 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27193-27196]
[FR Doc No: 2014-10842]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0851; FRL-9910-64-Region 4]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of
the Macon, Georgia, 1997 Annual Fine Particulate Matter Nonattainment
Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: Environmental Protection Agency (EPA) is taking final action
to approve a request submitted on June 21, 2012, by the Georgia
Department of Natural Resources, through Georgia Environmental
Protection Division (GA EPD), to redesignate the Macon, Georgia, fine
particulate matter (PM2.5) nonattainment area (hereafter
referred to as the ``Macon Area'' or ``Area'') to attainment for the
1997 Annual PM2.5 National Ambient Air Quality Standards
(NAAQS). The Macon Area is comprised of Bibb County and a portion of
Monroe County in Georgia. EPA's approval of the redesignation request
is based on the determination that Georgia has met the criteria for
redesignation to attainment set forth in the Clean Air Act (CAA or
Act). EPA is also approving a revision to the Georgia State
Implementation Plan (SIP) to include the 1997 Annual PM2.5
maintenance plan for the Macon Area. Additionally, EPA is approving
into the Georgia SIP the motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and PM2.5 for the year 2023
for the Macon Area that are included as part of Georgia's maintenance
plan for the 1997 Annual PM2.5 NAAQS. Furthermore, EPA is
approving a determination that the Area is expected to maintain the
1997 Annual PM2.5 NAAQS through the year 2024. EPA is also
correcting an inadvertent error in the proposed rulemaking for this
action.

DATES: This rule will be effective June 12, 2014.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0851. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not 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 Regulatory Development Section, Air Planning 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 to 4:30, excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Joydeb Majumder may be
reached by phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What is the background for the actions?

    On June 21, 2012,\1\ the Georgia Department of Natural Resources,
through GA EPD, submitted a request to EPA for redesignation of the
Macon Area to attainment for the 1997 Annual PM2.5 NAAQS,
and for approval of a Georgia SIP revision containing a maintenance
plan for the Area.\2\ On February 5, 2014, EPA proposed to redesignate
the Macon Area to attainment for the 1997 Annual PM2.5
NAAQS, and to approve, as a revision to the Georgia SIP, the State's
1997 Annual PM2.5 NAAQS maintenance plan and the MVEBs for
direct PM2.5 and NOX for the Macon Area included
in that maintenance plan.\3\ See 79 FR 6842. EPA also proposed to
determine

that the Macon Area is continuing to attain the 1997 Annual
PM2.5 NAAQS and that attainment can be maintained through
2024. EPA received no adverse comments on the February 5, 2014,
proposed rulemaking and one comment supporting the proposal.
---------------------------------------------------------------------------

    \1\ Although EPA received Georgia's request to redesignate the
Macon Area to attainment for the 1997 Annual PM2.5 NAAQS
on June 26, 2012, along with the maintenance plan SIP submission,
the official submittal date for the redesignation request and
maintenance plan is the date of the cover letter, June 21, 2012.
    \2\ EPA designated the Macon Area as nonattainment for the
annual 1997 PM2.5 NAAQS on January 5, 2005 (70 FR 944) as
supplemented on April 14, 2005 (70 FR 19844).
    \3\ On March 2, 2012, EPA approved, under section 172(c)(3) of
the CAA, Georgia's 2002 base-year emissions inventory for the Macon
Area as part of the SIP revision submitted by GA EPD to provide for
attainment of the 1997 PM2.5 NAAQS in the Area. See 77 FR
12724.
---------------------------------------------------------------------------

    As stated in EPA's February 5, 2014, proposal notice, the 3-year
design value of 13.4 micrograms per cubic meter ([mu]g/m\3\) for 2009-
2011 meets the PM2.5 Annual NAAQS of 15.0 [mu]g/m\3\. EPA
has reviewed the most recent ambient monitoring data, which confirms
that the Macon Area continues to attain the 1997 Annual
PM2.5 NAAQS beyond the 3-year attainment period of 2009-
2011.

II. What are the actions EPA is taking?

    In today's rulemaking, EPA is approving Georgia's redesignation
request to change the legal designation of Bibb County and a portion of
Monroe County in Georgia from nonattainment to attainment for the 1997
Annual PM2.5 NAAQS, and as a revision to the Georgia SIP,
the State's 1997 Annual PM2.5 NAAQS maintenance plan and the
MVEBs for direct PM2.5 and NOX for the Macon Area
included in that maintenance plan. The maintenance plan is designed to
demonstrate that the Macon Area will continue to attain the 1997 Annual
PM2.5 NAAQS through 2023. EPA's approval of the
redesignation request is based on EPA's determination that the Macon
Area meets the criteria for redesignation set forth in CAA, including
EPA's determination that the Macon Area has attained and continues to
attain the 1997 Annual PM2.5 NAAQS and that attainment can
be maintained through 2024. EPA's analyses of Georgia's redesignation
request and maintenance plan are described in detail in the February 5,
2014, proposed rule. See 79 FR 6842.
    Today, EPA is also clarifying and correcting an entry for Table 4
of EPA's February 5, 2014, proposed rule related to onroad mobile
emissions. In EPA's proposed rule, the 2020 PM2.5 onroad
mobile emissions are presented as 70 tons. This was a typographical
error. The 2020 PM2.5 onroad mobile emissions should have
been listed as 107 tons as presented in Table 3-14 of Georgia's June
21, 2012 submittal. Even with this change, EPA believes that it is
appropriate to approve Georgia's redesignation request and maintenance
plan. EPA has determined that the correction for Table 4 of EPA's
February 5, 2014 proposed rule falls under the ``good cause'' exemption
in section 553(b)(3)(B) of the Administrative Procedure Act which, upon
finding ``good cause,'' authorizes agencies to dispense with public
participation where public notice and comment procedures are
impracticable, unnecessary, or contrary to the public interest. Public
notice and comment for this typographical correction is unnecessary
because EPA's evaluation leading to the February 5, 2014, proposal
considered the correct value reported in Georgia's submittal, and
therefore, the correction does not change EPA's determination that
Georgia has met the requirements for the Macon Area to be redesignated
to attainment for the 1997 Annual PM2.5 NAAQS.
    Subsequent to publication of the proposed rule, GA EPD notified EPA
that the Georgia Board of Natural Resources had modified Georgia Rule
391-3-1-.02(2)(mmm) entitled ``NOX Emissions from Stationary
Gas Turbines and Stationary Engines used to Generate Electricity'' to
exempt certain engines at data centers from the rule's NOX
limits and had repealed Georgia Rule 391-3-1-.02(2)(bbb) entitled
``Gasoline Marketing.'' GA EPD adopted Georgia Rule 391-3-1-.02(2)(mmm)
as a statewide ozone control measure, and the recent amendment exempts
stationary engines at data centers from the rule's NOX
emission limits provided that the engines operate for less than 500
hours per year and only for routine testing and maintenance (limited to
May through September between 10 p.m. and 4 a.m.), when electric power
from a utility is not available, or during internal system failures.
These data centers are equipped with uninterruptable power supplies
(UPSs) that supply electricity during a power outage, and the exempted
engines are designed to provide power only when the UPSs malfunction.
Given the nature of the exempted engines and the conditions necessary
to qualify for the exemption, any emissions increase is likely
negligible. The Gasoline Marketing rule, enacted to improve ozone
levels in the Atlanta Area, required that fuel sold in the Atlanta
ozone nonattainment area and in areas determined to have contributed to
ozone levels in the nonattainment area contain reduced sulfur and have
a reduced Reid Vapor Pressure. This rule applied to fuel sold in the
portion of Monroe County within the Macon Area, and the projected
mobile source emissions in GA EPD's maintenance plan assumed continued
implementation of the rule through the maintenance period. GA EPD has
subsequently provided calculations to EPA demonstrating that the repeal
of the Gasoline Marketing rule increases the on-road NOX
emissions projected for 2023 in the Macon Area by approximately 0.02
tons per year (tpy) and does not change the projected emissions of
SO2 or direct PM2.5.
    EPA has concluded that the changes to the aforementioned rules do
not affect the Agency's decision to approve the redesignation request
and maintenance plan for the Macon Area. Any increase in emissions that
may result from these modifications is expected to be minimal and well
within the margin necessary to maintain attainment of the 1997 annual
PM2.5 standard. As discussed in the proposed rulemaking
notice, emissions of SO2 and NOX in the Macon
Area are expected to decrease by 93 percent (77,757 tpy to 5,397 tpy)
and 38 percent (30,511 tpy to 18,903 tpy), respectively between 2007
and 2023.

III. Why is EPA taking these actions?

    EPA has determined that the Macon Area has attained the 1997 Annual
PM2.5 NAAQS and has also determined that all other criteria
for the redesignation of the Macon Area from nonattainment to
attainment of the 1997 Annual PM2.5 NAAQS have been met. See
CAA section 107(d)(3)(E). One of those requirements is that the Macon
Area has an approved plan demonstrating maintenance of the 1997 Annual
PM2.5 NAAQS over the ten-year period following
redesignation. EPA has determined that attainment can be maintained
through 2024 and is taking final action to approve the maintenance plan
for the Macon Area as meeting the requirements of sections 175A and
107(d)(3)(E) of the CAA. The detailed rationale for EPA's findings and
actions is set forth in the February 5, 2014 proposed rulemaking. See
79 FR 6842.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation
of Bibb County and a portion of Monroe County for the 1997 Annual
PM2.5 NAAQS. EPA is modifying the regulatory table in 40 CFR
81.311 to reflect a designation of attainment for these counties. EPA
is also approving, as a revision to the Georgia SIP, the State's plan
for maintaining the 1997 Annual PM2.5 NAAQS in the Macon
Area. The maintenance plan includes contingency measures to remedy
possible future violations of the 1997 Annual PM2.5 NAAQS
and establishes 2023 MVEBs for direct PM2.5 and
NOX for the Macon Area. Within 24 months of the effective
date of EPA's approval of the maintenance plan, the transportation
partners will need to demonstrate

conformity to the new PM2.5 and NOX MVEBs
pursuant to 40 CFR 93.104(e).

V. Final Action

    EPA is taking final action to approve the redesignation and change
the legal designation of Bibb County and a portion of Monroe County for
the 1997 Annual PM2.5 NAAQS. Through this action, EPA is
also approving into the Georgia SIP the 1997 Annual PM2.5
maintenance plan for the Macon Area, which includes the new 2023
PM2.5 and NOX MVEBs of 80.5 tons per year (tpy)
and 2,187 tpy, respectively, for this Area. EPA's approval of the
redesignation request is based on the Agency's determination that the
Macon Area meets the criteria for redesignation set forth in CAA,
including EPA's determination that the Macon Area has attained and
continues to attain the 1997 Annual PM2.5 NAAQS and that
attainment can be maintained through 2024.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, 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 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 these reasons, these actions:
     Are 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);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory action subject to Executive
Order 13211 (66 FR 28355, May 22, 2001);
     Are 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,
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this final 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 14, 2014. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: April 30, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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 L--Georgia

0
2. Section 52.570(e) is amended by adding an entry for ``1997 Annual
PM2.5 Maintenance Plan for the Macon Area'' at the end of
the table to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable geographic       State
    Name of non-regulatory  SIP       or  nonattainment    submittal date/   EPA approval date      Explanation
             provision                       area          effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 Annual PM2.5 Maintenance Plan  Bibb County and a             6/21/12  5/13/14 [Insert        ..............
 for the Macon Area.                 portion of Monroe                      citation of
                                     County, Macon,                         publication].
                                     Georgia
                                     Nonattainment Area.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.311, the table entitled ``Georgia--PM2.5
(Annual NAAQS)'' is amended under ``Macon, GA'' by revising the entry
for ``Bibb County and a portion of Monroe County'' to read as follows:

Sec.  81.311  Georgia

* * * * *

                      Georgia--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
                                             Designation \a\
        Designated area        -----------------------------------------
                                       Date \1\               Type
------------------------------------------------------------------------

                              * * * * * * *
Macon, GA:
    Bibb County...............  This action is          Attainment.
                                 effective May 13,
                                 2014.
    Monroe County (part)......  This action is          Attainment.
                                 effective May 13,
                                 2014.

                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *
[FR Doc. 2014-10842 Filed 5-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Notices]
[Page 45596]
[FR Doc No: 2012-18774]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-88 -000]

Shell Energy North America (US), L.P. v. California Independent
System Operator Corporation; Notice of Complaint

    Take notice that on July 25, 2012, pursuant to Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206, Shell Energy North America (US), L.P.
(Complainant) filed a formal complaint against the California
Independent System Operator, Inc. (Respondent) alleging that the
imposition of a penalty on Complainant through application of certain
provisions of the Respondent's Tariff is unjust and unreasonable.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondent as listed on the Commission's list
of Corporate Officials.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive 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 p.m. Eastern Time on August 14, 2012.

    Dated: July 26, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-18774 Filed 7-31-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]
[Page 68873-68874]
[DOCID:fr06de07-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER07-1332-000; ER07-1332-001; ER07-1332-002]

Smoky Hills Wind Farm, LLC; Notice of Issuance of Order

November 29, 2007.
    Smoky Hills Wind Farm, LLC (Smoky Hills Wind Farm) filed an
application for market-based rate authority, with an accompanying rate
schedule. The proposed market-based rate schedule provides for the sale
of energy and capacity at market-based rates. Smoky Hills Wind Farm
also requested waivers of various Commission regulations. In
particular, Smoky Hills Wind Farm requested that the Commission grant
blanket approval under 18 CFR part 34 of all future issuances of
securities and assumptions of liability by Smoky Hills Wind Farm.
    On November 29, 2007, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development-West, granted the
requests for blanket approval under part 34 (Director's Order). The
Director's Order also stated that the Commission would publish a
separate notice in the Federal Register establishing a period of time
for the filing of protests. Accordingly, any person desiring to be
heard concerning the blanket approvals of issuances of securities or
assumptions of liability by

Smoky Hills Wind Farm, should file a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
December 31, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Smoky Hills Wind Farm is authorized to
issue securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person, provided that such issuance or assumption is for some lawful
object within the corporate purposes of Smoky Hills Wind Farm,
compatible with the public interest, and is reasonably necessary or
appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Smoky Hills Wind Farm's issuance of securities
or assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also 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
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23628 Filed 12-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18221-18223]
[FR Doc No: 2018-08792]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0312]
RIN 1625-AA08

Special Local Regulation; Red River, Alexandria, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters of the Red River from mile marker
(MM) 88.0 to MM 88.4, in Alexandria, LA. This action is necessary to
protect spectators and vessels during the Louisiana Dragon Boat Races
regatta. Entry of vessels or persons into this regulated area is
prohibited unless authorized by the

Captain of the Port Sector Lower Mississippi River (COTP) or a
designated representative.

DATES: This rule is effective from 6 a.m. through 4 p.m. on May 5,
2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0312 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Petty Officer Todd Manow, Sector Lower Mississippi River
Prevention Department, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. The Coast
Guard did not receive the event details in sufficient time to publish
an NPRM. We must establish this special local regulation on May 5, 2018
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing this rule. The NPRM process
would delay the establishment of the regulated area until after the
date of the regatta and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is necessary to protect persons and property
from the dangers associated with commercial traffic interacting with
this rowing event.

III. Legal Authority and Need for a Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Lower Mississippi River (COTP) has
determined that potential hazards associated with the Louisiana Dragon
Boat Races from 6 a.m. to 4 p.m. on May 5, 2018 will be a safety
concern for all navigable waters of the Red River from mile marker (MM)
88.0 to MM 88.4. This rule is needed to ensure the safety of life and
vessels on these navigable waters before, during, and after the
scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6 a.m.
through 4 p.m. on May 5, 2017 for all navigable waters of the Red River
from MM 88.0 to MM 88.4 in the vicinity of Alexandria, LA. The duration
of the regulated area is intended to ensure the safety of life and
vessels on these navigable waters before, during, and after the
scheduled event. No vessel or person may enter the regulated area
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
This special local regulation will restrict vessel traffic on a less
than half-mile stretch of the Red River during daylight hours on only
one day. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners (BNMs) via VHF-FM marine channel 16 about the regulated area,
and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a special local regulation lasting
ten hours for an event spanning 0.4 miles of the Red River in the
vicinity of Alexandria, LA. It is categorically excluded from further
review under paragraphs L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
is available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233

0
2. Add Sec.  100.35T08-0312 to read as follows:

Sec.  100.35T08-0312   Special Local Regulation; Red River, Alexandria,
LA.

    (a) Location. The following area is a special local regulation: All
navigable waters of the Red River from mile marker (MM) 88.0 To MM
88.4, Alexandria, LA.
    (b) Regulations. (1) In accordance with the general regulations in
Sec.  100.801 of this part, no vessel or person shall enter the
regulated area unless authorized by the Captain of the Port Sector
Lower Mississippi River (COTP) or a designated representative.
    (2) Persons and vessels permitted to enter this regulated area must
transit outside of the race area at their slowest safe speed to
minimize wake and comply with all lawful directions issued by the COTP
or the designated representative.
    (c) Effective period. This section is effective from 6 a.m. through
4 p.m. on May 5, 2018.
    (c) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs) of the enforcement period for the regulated area as
well as any changes in the dates and times of enforcement.

    Dated: April 20, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2018-08792 Filed 4-25-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Page 20064]
[FR Doc No: 2018-09618]

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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 website 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 protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket No.                 File date          requester
------------------------------------------------------------------------
                               Prohibited:
------------------------------------------------------------------------
1. P-10482-000....................       4-17-2018  Ross L Hadden.
2. CP15-554-000...................       4-26-2018  Anne S. Bryan.
3. CP17-101-000...................       4-26-2018  Durand Carson.
4. CP17-101-000...................       4-26-2018  Jason A. Sneider.
5. CP17-101-000...................       4-26-2018  Brooke Taylor.
6. CP17-101-000...................       4-26-2018  Steve Grimes.
7. CP17-101-000...................       4-26-2018  Peter Butler.
8. CP17-101-000...................       4-26-2018  Raynold W. Wilson
                                                     Jr.
9. CP17-101-000...................       4-26-2018  Anthony Sasso.
10. CP17-101-000..................       4-26-2018  Phillip McCann.
11. CP17-101-000..................       4-26-2018  Richard
                                                     Niederberger.
12. CP17-101-000..................       4-26-2018  Robert Slick.
------------------------------------------------------------------------
                                 Exempt:
------------------------------------------------------------------------
1. P-2100-000.....................       4-20-2018  U.S. House
                                                     Representative Doug
                                                     LaMalfa.
2. P-2100-000.....................       4-20-2018  U.S. Senator Dianne
                                                     Feinstein.
3. CP16-17-000....................       4-24-2018  Village of Warwick,
                                                     New York.
4. CP15-88-000; CP15-88-001.......       4-26-2018  City of Richmond,
                                                     Kentucky; Mayor Jim
                                                     Barnes.
5. CP17-101-000...................       4-27-2018  350Brooklyn.
------------------------------------------------------------------------

    Dated: May 1, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-09618 Filed 5-4-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24919-24922]
[FR Doc No: 2016-09717]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77674; File No. SR-NYSE-2016-22)

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Adopting Initial and Continued
Listing Standards for the Listing of Equity Investment Tracking Stocks
and Adopting Listing Fees Specific to Equity Investment Tracking Stocks

April 21, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on April 7, 2016, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 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 adopt initial and continued listing
standards for the listing of Equity Investment Tracking Stocks. The
Exchange also proposes to adopt listing fees specific to Equity
Investment Tracking Stocks. 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 adopt initial and continued listing
standards for the listing of Equity Investment Tracking Stocks. The
Exchange also proposes to adopt listing fees specific to Equity
Investment Tracking Stocks.
    For purposes of proposed new Section 102.07 of the Manual, an
Equity Investment Tracking Stock refers to a class of common stock that
is the listed company's sole class of common equity securities listed
on the Exchange and that is designed solely to track the performance of
an investment by the issuer in the common stock of another company
listed on the Exchange.
    In order to qualify for initial listing under proposed Section
102.07, an Equity Investment Tracking Stock will be required to meet
the distribution and public float requirements currently applicable for
initial public offerings set forth in Sections 102.01A and 102.01B

of the Manual, respectively, and the quantitative requirements set
forth in Section 102.01C. As such, as required under Section 102.01A,
an Equity Investment Tracking Stock, at the time of initial listing,
will be required to have at least 400 holders of 100 shares or more and
1,100,000 public held shares available for trading. Further, as
required under Section 102.01B, an Equity Investment Tracking Stock
must have an aggregated market value of publicly-held shares of
$40,000,000 and a per share price of $4 at the time of initial listing.
Under Section 102.01C, the issuer of an Equity Investment Tracking
Stock will be required to meet either the Earnings Test or the Global
Market Capitalization Test. Under the Earnings test, an issuer must
have pre-tax earnings totaling (x) at least $10,000,000 in the
aggregate for the last three fiscal years together with a minimum of
$2,000,000 in each of the two most recent fiscal years, and positive
amounts in all three years or (y) at least $12,000,000 in the aggregate
for the last three fiscal years together with a minimum of $5,000,000
in the most recent fiscal year and $2,000,000 in the next most recent
fiscal year.\4\ Under the Global Market Capitalization Test, the issuer
must have $200 million in global market capitalization at the time of
initial listing.
---------------------------------------------------------------------------

    \4\ A company that (i) qualifies as an emerging growth company
as defined in Section 2(a)(19) of the Securities Act and Section
3(a)(80) of the Exchange Act and (ii) avails itself of the
provisions of the Securities Act and the Exchange Act permitting
emerging growth companies to report only two years of audited
financial statements, can qualify under the Earnings Test by meeting
the following requirements: Pre-tax earnings totaling at least
$10,000,000 in the aggregate for the last two fiscal years together
with a minimum of $2,000,000 in both years.
---------------------------------------------------------------------------

    The Exchange will not list an Equity Investment Tracking Stock if,
at the time of the proposed listing, the issuer of the equity tracked
by the Equity Investment Tracking Stock has been deemed below
compliance with listing standards by the Exchange.
    The Exchange proposes to subject the issuer of an Equity Investment
Tracking Stock to the same continued listing standards under Sections
802.01A and 802.01B as are applicable to other companies listing common
stocks on the Exchange. As such, these companies will be considered to
be below compliance with Section 802.01A if (i) their number of total
stockholders is less than 400 OR (ii) their number of total
stockholders is less than 1,200 and their average monthly trading
volume is less than 100,000 shares (for the most recent 12 months) OR
(iii) their number of publicly-held shares is less than 600,000. Such
companies will be deemed to be below compliance with Section 802.01B if
their average global market capitalization over a consecutive 30
trading-day period is less than $50,000,000 and, at the same time
stockholders' equity is less than $50,000,000 and (will be subject to
immediate delisting if they are determined to have average global
market capitalization over a consecutive 30 trading-day period of less
than $15,000,000. In addition, the Exchange will promptly initiate
suspension and delisting proceedings with respect to an Equity
Investment Tracking Stock if the underlying equity security whose value
is tracked by the Equity Investment Tracking Stock ceases to be listed
on one of (i) the Exchange, (ii) the Nasdaq Stock Market, (iii) NYSE
MKT or (iv) one of the markets listed in SEC Rule 146(b) \5\ or is
converted into or exchanged for another security that is not listed on
one of the aforementioned markets.
---------------------------------------------------------------------------

    \5\ 17 CFR 230.146(b).
---------------------------------------------------------------------------

    The Exchange proposes to amend Sections 902.02 and 902.03 of the
Manual to provide that, where an Equity Investment Tracking Stock is
listed on the Exchange, listing and annual fees for such security will
be subject to a single fee cap at the time of original listing and on
an annual basis. The Exchange further proposes to amend Section 907.00
of the Manual to limit the products and services provided to the issuer
of an Equity Investment Tracking Stock. The proposed fees would apply
to the initial and continued listing on the Exchange of an Equity
Investment Tracking Stock and to the products and services provided to
issuers of such security for as long as the Equity Investment Tracking
Stock is the only class of security that is listed on the Exchange.
    Pursuant to Section 902.02 and 902.03 of the Manual, listed
companies are charged an annual security fee for each class or series
of security listed on the Exchange. The annual fee is calculated based
on the number of shares issued and outstanding and is currently set at
a rate of $0.001025 for the primary listed class of equity, subject to
an annual minimum of $52,500. In its first year of listing, a company's
annual fee is prorated from the date of initial listing through the
year end. Listed companies also pay other fees to the Exchange,
including fees associated with initial and supplemental listing
applications. In any given calendar year, however, Section 902.02 of
the Manual specifies that the total fees that the Exchange may bill a
listed company are capped at $500,000 (the ``Total Maximum Fee''). For
an Equity Investment Tracking Stock, the Exchange proposes to adopt a
Total Maximum Fee of $200,000.
    Section 902.03 of the Manual currently provides, in part, for
listing fees the first time an issuer lists a class of common shares,
charged on a per share basis based on tiers set forth in the rule. The
first time that an issuer lists a class of common shares, the issuer is
also subject to a one-time special charge of $50,000. Once listed, if
an issuer lists additional shares of a class of previously listed
securities, the issuer is subject to listing fees for such additional
shares. The minimum and maximum listing fees applicable the first time
an issuer lists a class of common shares are $125,000 and $250,000,
respectively, which amounts include the special charge of $50,000. In
lieu of the foregoing, the Exchange proposes to establish for Equity
Investment Tracking Stocks a fixed initial listing fee (inclusive of
the one-time charge) of $100,000. Subject to the Total Maximum Fee of
$200,000 per year described above, the Exchange proposes to charge the
same per share annual fee for Equity Investment Tracking Stocks as for
the primary class of equity of a listed operating company (i.e.,
currently $0.001025 per share).
    Finally, Section 907.00 of the Manual sets forth certain
complimentary products and services that are offered to certain
currently and newly listed issuers. These products and services are
developed or delivered by NYSE or by a third party for use by NYSE-
listed companies. Some of these products are commercially available
from such third-party vendors. All listed issuers receive some
complimentary products and services through the NYSE Market Access
Center. The Exchange proposes to exclude issuers of an Equity
Investment Tracking Stock from receiving the products and services
provided for under Section 907.00, with the exception that such issuers
will receive the complimentary products and services and access to
discounted third-party products and services through the NYSE Market
Access Center available to all listed issuers.
    The Exchange proposes to limit the fees that would be payable for
the listing on an Equity Investment Tracking Stock as an incentive for
the issuer to list such security on the Exchange. As described below,
the Exchange proposes to make the aforementioned fee changes to better
reflect the Exchange's costs related to listing Equity Investment
Tracking Stocks and the corresponding value of such listing to issuers.

    The Exchange proposes to make three other minor changes in this
filing: (i) To remove from Section 902.03 references to the annual fee
schedule applicable to years prior to 2016; (ii) to update the web link
included in Section 907.00 and (iii) to delete the word ``four'' from
Section 802.01B, as there are no longer four continued listing
standards referred to in that rule.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) \7\ and 6(b)(5) \8\ of the Act, in
particular.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed initial and continued
listing standards for Equity Investment Tracking Stocks further the
objectives of Section 6(b)(5) of the Act,\9\ in particular in that they
are designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
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
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. In particular, the proposed listing
standards are designed to protect investors and the public interest by
ensuring that Equity Investment Tracking Stocks listed on the Exchange
meet stringent quantitative and qualitative listing standards to
qualify for initial and continued listing.
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    \9\ 15 U.S.C. 78f(b)(5).
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    The proposed fee provisions further the objectives of Sections
6(b)(4) in that they are designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities. The
Exchange believes that the proposed fee provisions are consistent with
Section 6(b)(5) of the Act in that they do not unfairly discriminate
among listed companies because there is a reasonable justification for
charging the issuer of an Equity Investment Tracking Stock different
fees from those charged to other issuers as there are cost and
regulatory efficiencies for the Exchange when the issuer of an Equity
Investment Tracking Stock and the issuer of the underlying equity
security are both listed on the Exchange. Under the Exchange's
proposal, the issuer of an Equity Investment Tracking Stock would pay a
fixed initial listing fee of $100,000, which is less than the minimum
fee charged in connection with the listing of the primary class of
equity of an operating company. In addition, Equity Investment Tracking
Stocks would be billed annual fees at the same rate per share as the
primary class of equity of an operating company, but subject to a lower
annual fee cap that may cause an issuer of an Equity Investment
Tracking Stock to be subject to a lower effective fee rate per share
than if it were a regular operating company. Given the unique nature of
an Equity Investment Tracking Stock, including especially the fact that
its trading price will likely be primarily derivative of the trading
price of the security of another company, most of the services provided
by the Exchange under Section 907.00 would be of limited value and
appeal to issuers of Equity Investment Tracking Stocks and the Exchange
believes it is appropriate to exclude the issuers of Equity Investment
Tracking Stocks from its services program. The Exchange believes that
the fact that it will not provide these costly services makes it
appropriate to charge lower fees. In addition, the Exchange believes
there will be regulatory efficiencies when the same regulatory staff is
responsible for oversight of an Equity Investment Tracking Stock and
the underlying equity security. This would include, for example, the
fact that news that is material to the issuer of the underlying
security would also be material to an investment in the Equity
Investment Tracking Stock.
    The Exchange does not expect many issuers will seek to list an
Equity Investment Tracking Stock. Accordingly, the Exchange does not
anticipate that it will experience any meaningful diminution in revenue
as a result of the proposed lower fees and therefore does not believe
that the proposed fees would in any way negatively affect its ability
to continue to adequately fund its regulatory program or the services
the Exchange provides to issuers

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 rule change is
designed to provide listing standards for Equity Investment Tracking
Stocks that are appropriately protective of investors and is not
designed to limit the ability of the issuers of those securities to
list them on any other national securities exchange. The proposed rule
change is designed to ensure that the fees charged by the Exchange
accurately reflect the services provided and benefits realized by
listed companies. The market for listing services is extremely
competitive. Each listing exchange has a different fee schedule that
applies to issuers seeking to list securities on its exchange. Issuers
have the option to list their securities on these alternative venues
based on the fees charged and the value provided by each listing.
Because issuers have a choice to list their securities on a different
national securities exchange, the Exchange does not believe that the
proposed listing standards and fee changes impose a burden on
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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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-NYSE-2016-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2016-22. 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-NYSE-2016-22, and should be
submitted on or before May 18, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-09717 Filed 4-26-16; 8:45 am]
BILLING CODE 8011-01-P