[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Notices]
[Page 79138-79139]
[DOCID:fr24de08-97]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; Revision of a
currently approved collection, OMB Number: 1660-0069, National Fire
Incident Reporting System (NFIRS) v5.0.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revised information collection. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
the continued use of the National Fire Incident Reporting System
(NFIRS) v5.0 database.

SUPPLEMENTARY INFORMATION: The National Commission on Fire Prevention
and Control conducted a comprehensive study of the Nation's fire
problem and recommended to Congress actions to mitigate the fire
problem, reduce loss of life and property, and educate the public on
fire protection and prevention. As a result of the study, Congress
enacted Public Law 93-498, Federal Fire Prevention and Control Act of
1974, which establishes the U.S. Fire Administration to administer fire
prevention and control programs, supplement existing programs of
research, training, and education, and encourage new and improved
programs and activities by State and local governments.
    Section 9(a) of the Act authorizes the Administrator, U.S. Fire
Administration (USFA), to operate directly or through contracts or
grants, an integrated, comprehensive method to select, analyze,
publish, and disseminate information related to prevention, occurrence,
control, and results of fires of all types.

Collection of Information

    Title: National Fire Incident Reporting System (NFIRS) v5.0.
    Type of Information Collection: Revision of a currently approved
collection.
    OMB Number: 1660-0069.
    Form Numbers: The National Fire Incident Reporting System (NFIRS)
v5.0.
    Abstract: NFIRS provides a mechanism using standardized reporting
methods to collect and analyze fire incident data at the Federal,
State, and local levels. Data analysis helps local fire departments and
States to focus on current problems, predict future problems in their
communities, and measure whether their programs are working.
    Affected Public: State, Local or Tribal Government.
    Estimated Total Annual Burden Hours: 10,769,720 burden hours.
Annual Hour Burden

                                                 Table A.12--Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Number of                             Total
                                                             Number of    responses     Average burden per      annual      Average       Total annual
         Type of respondent          Form name/form number  respondents      per       response  (in hours)  burden  (in  hourly wage   respondent cost
                                                                          respondent                            hours)        rate            ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
State, Local, or Tribal Government.  NFIRS Version 5.0            2,200          950  1.13 hours (68           2,361,700        21.22      50,115,274.00
                                      Modules 1-12                                     minutes).
                                      (Manual).
State, Local, or Tribal Government.  NFIRS Version 5.0           19,800          942  27 min (0.45 hr).....    8,393,220        21.22     178,104,128.40
                                      Modules 1-12
                                      (Electronic).
State, Local, or Tribal Government.  NFA Program Manager             30            1  48 hours.............        1,440        21.22          30,556.80
                                      Training.
State, Local, or Tribal Government.  NFA Program Manager             60            1  16 hours.............          960        21.22          20,371.20
                                      Orientation.
State, Local, or Tribal Government.  NFIC Training                  100            1  16 hours.............        1,600        21.22          33,952.00
                                      Workshop.
State, Local, or Tribal Government.  NFIC CD/on-site                200            1  4 hours..............          800        21.22          16,976.00
                                      Orientation.
State, Local, or Tribal Government.  Introduction to NFRIS          500            1  20 hours.............       10,000        21.22         212,200.00
                                      Distance Learning.
                                                           ---------------------------------------------------------------------------------------------
    Total..........................  .....................       22,890  ...........  .....................   10,769,720  ...........     228,553,458.40
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Cost: The estimated annualized cost to respondents based
on wage rate categories is $228,553,458.40. The estimated annual cost
to the Federal Government is $13,310,000.
    Comments: Written comments are solicited to (a) Evaluate whether
the proposed data collection is necessary for the proper performance of
the agency, including whether the information shall have practical
utility; (b) evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) enhance the
quality, utility, and clarity of the information to be collected; and
(d) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. Comments must be submitted on or before
February 23, 2009.

ADDRESSES: Interested persons should submit written comments to Office
of

Management, Records Management Division, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Contact Mark Whitney, Fire Program
Specialist, United States Fire Administration, National Fire Data
Center,<PHONE_NUMBER> for additional information. You may contact the
Records Management Branch for copies of the proposed collection of
information at facsimile number<PHONE_NUMBER> or e-mail address: FEMA-
<EMAIL_ADDRESS>
    Dated: December 19, 2008.
Samuel C. Smith,
Acting Director, Records Management Division, Office of Management,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. E8-30719 Filed 12-23-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28830-28831]
[FR Doc No: 2021-11380]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0083; FRL-10024-04]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients--May 2021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice
of receipt and opportunity to comment on these applications.

DATES: Comments must be received on or before June 28, 2021.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket,
along with more information about dockets generally, is available at
https://www.epa.gov/dockets/about-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (7511P), main telephone number: (703)
305-7090, email address<EMAIL_ADDRESS>The mailing address for
each contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (http://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions).
Notice of Receipt--New Active Ingredients
    File Symbols: 94218-G and 94218-E. Docket ID number: EPA-HQ-OPP-
2021-0232. Applicant: Biofungitek, S.L., Parque Cient[iacute]fico y
Tecnol[oacute]gico de Bizkaia, Astondo Bidea (Building 612), 48160
Derio, Spain (c/o Compliance Services International, 7501 Bridgeport
Way West, Lakewood, WA 94899). Product names: Potassium Carbonate
(99.5% Fine Powder) and NSTKI-014. Active ingredient: Biochemical
fungicide--Potassium carbonate at 99.5% (Potassium Carbonate (99.5%
Fine Powder)) and at 58.04% (NSTKI-014). Proposed uses: For
manufacturing or use on agricultural crops, turf, and ornamentals.
Contact: BPPD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: May 12, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-11380 Filed 5-27-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58400-58402]
[FR Doc No: 2016-20309]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0449; FRL-9951-25-Region 4]

Air Plan Approval; North Carolina; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of North
Carolina through the North Carolina Division of Air Quality (NC DAQ) on
May 31, 2013. North Carolina's May 31, 2013, SIP revision (Progress
Report) addresses requirements of the Clean Air Act (CAA or Act) and
EPA's rules that require each state to submit periodic reports
describing progress towards reasonable progress goals (RPGs)
established for regional haze and a determination of the adequacy of
the state's existing SIP addressing regional haze (regional haze plan).
EPA is approving North Carolina's Progress Report on the basis that it
addresses the progress report and adequacy determination requirements
for the first implementation period for regional haze.

DATES: This rule will be effective September 26, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0449. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

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

I. Background

    Under the Regional Haze Rule,\1\ each state was required to submit
its first implementation plan addressing regional haze visibility
impairment to EPA no later than December 17, 2007. See 40 CFR
51.308(b). North Carolina submitted its regional haze plan on that
date, and like many other states subject to the Clean Air Interstate
Rule (CAIR), relied on CAIR to satisfy best available retrofit
technology (BART) requirements for emissions of sulfur dioxide
(SO2) and nitrogen oxides (NOX) from electric
generating units (EGUs) in the State. On June 7, 2012, EPA finalized a
limited disapproval of North Carolina's December 17, 2007, regional
haze plan submission because of deficiencies arising from the State's
reliance on CAIR to satisfy certain regional haze requirements. See 77
FR 33642. In a separate action taken on June 27, 2012, EPA finalized a
limited approval of North Carolina's December 17, 2007, regional haze
plan submission, as meeting some of the applicable regional haze
requirements as set forth in sections 169A and 169B of the CAA and in
40 CFR 51.300-308. See 77 FR 38185. On October 31, 2014, the State
submitted a regional haze plan revision to correct the deficiencies
identified in the June 27, 2012, limited disapproval by replacing
reliance on CAIR with reliance on the State's Clean Smokestacks Act
(CSA) as an alternative to NOX and SO2 BART for
BART-eligible EGUs formerly subject to CAIR. EPA approved that SIP
revision on May 24, 2016, resulting in a full approval of North
Carolina's regional haze plan. See 81 FR 32652.
---------------------------------------------------------------------------

    \1\ Located in 40 CFR part 51, subpart P.
---------------------------------------------------------------------------

    Each state is also required to submit a progress report in the form
of a SIP revision every five years that evaluates progress towards the
RPGs for each mandatory Class I Federal area within the state and for
each mandatory Class I Federal area outside the state which may be
affected by emissions from within the state. See 40 CFR 51.308(g). Each
state is also required to submit, at the same time as the progress
report, a determination of the adequacy of its existing regional haze
plan. See 40 CFR 51.308(h). The first progress report was

due five years after submittal of the initial regional haze plan.
    On May 31, 2013, as required by 40 CFR 51.308(g), NC DAQ submitted
to EPA, in the form of a revision to North Carolina's SIP, a report on
progress made towards the RPGs for Class I areas in the State and for
Class I areas outside the State that are affected by emissions from
sources within the State. This submission also includes a negative
declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional
haze plan is sufficient in meeting the requirements of the Regional
Haze Rule and revised RPGs for the five Class I areas within the State
based on updated modeling. In a notice of proposed rulemaking (NPRM)
published on June 15, 2016 (81 FR 38986), EPA proposed to approve North
Carolina's Progress Report on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and 51.308(h) now that EPA has fully
approved the State's regional haze plan. No comments were received on
the June 15, 2016, proposed rulemaking. The details of North Carolina's
submittal and the rationale for EPA's actions are further explained in
the NPRM. See 81 FR 38986 (June 15, 2016).

II. Final Action

    EPA is finalizing approval of North Carolina's Regional Haze
Progress Report SIP revision, submitted by the State on May 31, 2013,
as meeting the applicable regional haze requirements set forth in 40
CFR 51.308(g) and 51.308(h). EPA also is finalizing approval of the
updated RPGs for North Carolina's Class I areas.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 24, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: August 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart II--North Carolina

0
2. Section 52.1770(e), is amended by adding an entry for ``May 2013
Regional Haze Progress Report'' at the end of the table to read as
follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                                                  EPA-Approved North Carolina Non-Regulatory Provisions
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                                           State       EPA Approval
              Provision               effective date       date               Federal Register citation                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
May 2013 Regional Haze Progress            5/31/2013       8/25/2016  [Insert citation of publication]........  Includes updated reasonable progress
 Report.                                                                                goals for North Carolina's Class I
                                                                                areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-20309 Filed 8-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10577-10580]
[FR Doc No: 2023-03479]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96918; File No. SR-GEMX-2023-03]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend GEMX
Pricing Schedule at Options 7, Section 3 To Add a New Priority Customer
Maker Rebate

February 14, 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 February 1, 2023, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the GEMX Pricing Schedule at Options
7, Section 3.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/gemx/rules, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
Pricing Schedule at Options 7, Section 3 to introduce incentives for
Members to add liquidity in Priority Customer \3\ orders and qualify
for the Exchange's Market Access and Routing Subsidy (``MARS'')
program.
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    \3\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Nasdaq GEMX Options 1,
Section 1(a)(36).
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Background
    Today, Members that add liquidity in Priority Customer orders are
currently eligible for tiered Priority Customer Maker Rebates of $0.25
(Tier 1), $0.40 (Tier 2), $0.48 (Tier 3), $0.51 (Tier 4), and $0.53
(Tier 5) in Penny Symbols. In Non-Penny Symbols (excluding Index
Options),\4\ the Priority Customer Maker Rebates are $0.75 (Tier 1),
$0.80 (Tier 2), $0.85 (Tier 3), $0.90 (Tier 4), and $1.05 (Tier 5) in
Non-Penny Symbols. The foregoing rebates are paid per the highest tier
achieved below.
---------------------------------------------------------------------------

    \4\ Index Options fees are set forth separately in Options 7,
Section 3 and apply only to NDX executions.
---------------------------------------------------------------------------

Qualifying Tier Thresholds

                                 Table 1
------------------------------------------------------------------------
                                               Priority customer maker %
      Tier        Percent of customer total        of customer total
                     consolidated volume          consolidated volume
------------------------------------------------------------------------
Tier 1.........  Executes less than 0.65% of  Executes Priority Customer
                  Customer Total               Maker volume of less than
                  Consolidated Volume.         0.10% of Customer Total
                                               Consolidated Volume.
Tier 2.........  Executes 0.65% to less than  Executes Priority Customer
                  1.5% of Customer Total       Maker volume of 0.10% to
                  Consolidated Volume.         less than 0.65% of
                                               Customer Total
                                               Consolidated Volume.
Tier 3.........  Executes 1.5% to less than   Executes Priority Customer
                  2.25% of Customer Total      Maker volume of 0.65% to
                  Consolidated Volume.         less than 1.05% of
                                               Customer Total
                                               Consolidated Volume.
Tier 4.........  Executes 2.25% to less than  Executes Priority Customer
                  2.50% of Customer Total      Maker volume of 1.05% to
                  Consolidated Volume.         less than 1.20% of
                                               Customer Total
                                               Consolidated Volume.
Tier 5.........  Executes 2.5% or greater of  Executes Priority Customer
                  Customer Total               Maker volume of 1.20% or
                  Consolidated Volume.         greater of Customer Total
                                               Consolidated Volume.
------------------------------------------------------------------------

     For purposes of measuring Total Affiliated Member or
Affiliated Entity % of Customer Total Consolidated Volume, Customer
Total Consolidated Volume means the total volume cleared at The Options
Clearing Corporation in the Customer range in equity and ETF options in
that month.
     The highest tier threshold attained above applies
retroactively in a given month to all eligible traded contracts and
applies to all eligible market participants.
     All eligible volume from Affiliated Members or an
Affiliated Entity will be aggregated in determining applicable tiers
for each of the Qualifying Tier Thresholds above in Table 1.
     The Total Affiliated Member or Affiliated Entity % of
Customer Total Consolidated Volume category includes all volume in all
symbols and order types, including both maker and taker volume and
volume executed in the PIM, Facilitation, Solicitation, and QCC
mechanisms.
     The Priority Customer Maker % of Customer Total
Consolidated Volume category includes all Priority Customer volume that
adds liquidity in all symbols.
    In addition, GEMX currently offers a MARS program under Options 7,
Section 4.B whereby the Exchange pays a subsidy to Members that provide
certain order routing functionalities to other Members and/or use such
functionalities themselves. Generally, under MARS, the Exchange pays
any participating Members to subsidize their costs of providing routing
services to route orders to GEMX. The purpose of this program is to
attract higher volumes of equity and ETF options to GEMX from non-GEMX
market participants as well as from GEMX Members.
    To qualify for MARS, Members must have System Eligibility.\5\
Participants that have System Eligibility and have routed and executed
the requisite number of Eligible Contracts \6\ daily in a month
(``Average Daily Volume'' or ``ADV'') that add liquidity on GEMX are
entitled to tiered MARS Payments, which are currently paid per the
highest tier achieved below.\7\
---------------------------------------------------------------------------

    \5\ Specifically, a Member's routing system (hereinafter
``System'') would be required to: (1) enable the electronic routing
of orders to all of the U.S. options exchanges, including GEMX; (2)
provide current consolidated market data from the U.S. options
exchanges; and (3) be capable of interfacing with GEMX's API to
access current GEMX match engine functionality. Further, the
Member's System would also need to cause GEMX to be the one of the
top four default destination exchanges for (a) individually executed
marketable orders if GEMX is at the national best bid or offer
(``NBBO''), regardless of size or time or (b) orders that establish
a new NBBO on GEMX's Order Book, but allow any user to manually
override GEMX as a default destination on an order-by-order basis.
Any Member would be permitted to avail itself of this arrangement,
provided that its order routing functionality incorporates the
features described above and satisfies GEMX that it appears to be
robust and reliable. The Member remains solely responsible for
implementing and operating its System.
    \6\ For the purpose of qualifying for the MARS Payment, Eligible
Contracts include the following: Non-Nasdaq GEMX Market Maker
(FARMM), Firm Proprietary/Broker-Dealer and Professional Customer
Orders that are executed. Eligible Contracts do not include
qualified contingent cross or ``QCC'' Orders or Price Improvement
Mechanism or ``PIM'' Orders. Options overlying NDX are not
considered Eligible Contracts.
    \7\ The specified MARS Payment will be paid on all executed
Eligible Contracts that add liquidity, which are routed to GEMX
through a participating GEMX Member's System and meet the requisite
Eligible Contracts ADV. No payment will be made with respect to
orders that are routed to GEMX, but not executed.

------------------------------------------------------------------------
                                           Average daily
                  Tiers                       volume       MARS  payment
                                             (``ADV'')
------------------------------------------------------------------------
1.......................................          10,000           $0.08
2.......................................          15,000            0.11
3.......................................          20,000            0.14
------------------------------------------------------------------------

Proposal
    The Exchange now proposes in note 13 of Options 7, Section 3 to
introduce two new incentives for Members who qualify for MARS and add
liquidity in Priority Customer orders. First, Members who execute
Priority Customer Maker volume of 0.04% or more of Customer Total
Consolidated Volume in a given month and qualify for MARS will be
eligible for a Priority Customer Maker Rebate of ($0.43) per contract
in Penny Symbols and a Priority Customer Maker Rebate of ($0.90) per
contract in Non-Penny Symbols. Second, Members who execute Priority
Customer Maker volume of 0.07% or more of Customer Total Consolidated
Volume in a given month and qualify for MARS will be eligible for a
Priority Customer Maker Rebate of ($0.48) per contract in Penny Symbols
and a Priority Customer Maker Rebate of ($1.00) per contract in Non-
Penny Symbols. Priority Customer orders that qualify for this note 13
incentive and qualify for the tiered Priority Customer Maker Rebates
described above will receive the greater of the note 13 incentive or
the applicable tiered Priority Customer Maker Rebate, but not both. The
purpose of the proposed note 13 incentive is to attract additional
order flow to GEMX by encouraging Members to qualify for MARS and
increase their liquidity adding activity in Priority Customer orders on
GEMX.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among members and issuers and other persons using any facility,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange's proposed changes to its Pricing Schedule are
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for options
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \10\
---------------------------------------------------------------------------

    \10\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \11\
---------------------------------------------------------------------------

    \11\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options security transaction services. The

Exchange is only one of sixteen options exchanges to which market
participants may direct their order flow. Within this environment,
market participants can freely and often do shift their order flow
among the Exchange and competing venues in response to changes in their
respective pricing schedules. As such, the proposal represents a
reasonable attempt by the Exchange to increase its liquidity and market
share relative to its competitors.
    The Exchange believes that its proposal to add the new incentives
in note 13 is a reasonable attempt by the Exchange to attract
additional liquidity, particularly in Priority Customer orders that add
liquidity. With this proposal, Members would have the opportunity to
receive rebates of $0.43 (Penny Symbols) and $0.90 (Non-Penny Symbols)
if they execute Priority Customer Maker volume of 0.04% or more of
Customer Total Consolidated Volume in a given month and qualify for
MARS. Additionally, Members would have the opportunity to receive
higher rebates of $0.48 (Penny Symbols) and $1.00 (Non-Penny Symbols)
if they execute Priority Customer Maker volume of 0.07% or more of
Customer Total Consolidated Volume in a given month and qualify for
MARS. The Exchange believes that this will encourage liquidity adding
activity in Priority Customer orders to earn the note 13 incentives.
The proposal will also incentivize Members to qualify for the MARS
program, which is designed to attract higher volumes of equity and ETF
options volume to the Exchange. As discussed above, Members must have
System Eligibility to qualify for MARS, which imposes various
requirements for Members to maintain their routing systems, including
the requirement that GEMX be the one of the top four default
destination exchanges on the Member's routing system for execution for
orders that meet the specified criteria. If more Members seek to
qualify for MARS, the proposal will bring higher volumes of orders to
GEMX, which will enhance market quality by offering greater price
discovery and increased opportunities to trade, which benefits all
market participants. The Exchange also notes that the proposed
qualifications in new note 13 are similar to the existing rebate
qualifications on its affiliate, The Nasdaq Options Market
(``NOM'').\12\
---------------------------------------------------------------------------

    \12\ Today, NOM offers Customer and Professional Rebates to Add
Liquidity in Penny Symbols Tiers 1-6. NOM Participants can qualify
for the Tier 3 rebate by adding Customer and/or Professional
liquidity in Penny Symbols and/or Non-Penny Symbols above 0.05% of
total industry customer equity and ETF option ADV contracts per day
in a month and qualifying for MARS. See NOM Options 7, Section 2(1),
note 1.
---------------------------------------------------------------------------

    The Exchange also believes that it is reasonable to offer Members
whose Priority Customer orders qualify for the new note 13 incentive
and also qualify for the current tiered Priority Customer Maker Rebates
described in Options 7, Section 3 the greater of the note 13 incentive
or the applicable tiered Priority Customer Maker Rebate because Members
will be able to receive the greater of the rebates for which they
qualify under this proposal.
    The Exchange believes that the proposed note 13 incentives
described above are equitable and not unfairly discriminatory because
the Exchange will uniformly apply the changes to all qualifying
Members. All Members may qualify for MARS provided they have requisite
System Eligibility. Furthermore, the Exchange believes it is equitable
and not unfairly discriminatory to pay the proposed note 13 incentives
to eligible Priority Customer liquidity adding orders. Priority
Customer liquidity benefits all market participants by providing more
trading opportunities, which attracts market makers. An increase in the
activity of these market participants in turn facilitates tighter
spreads, which may cause an additional corresponding increase in order
flow from other market participants, to the benefit of all market
participants.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of intra-market
competition, the Exchange does not believe that its proposal will place
any category of market participant at a competitive disadvantage. As
discuss above, while the Exchange's proposal provides incentives for
certain order flow and activity on the Exchange (i.e., Priority
Customer liquidity adding activity), the proposed changes are
ultimately aimed at attracting greater liquidity to the Exchange, which
benefits all market participants in the quality of order interaction.
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and with alternative trading systems that have been exempted
from compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees in response, and
because market participants may readily adjust their order routing
practices, the Exchange believes that the degree to which fee changes
in this market may impose any burden on competition is extremely
limited.
    The Exchange's proposed note 13 incentives are pro-competitive as
the Exchange intends for the changes to increase liquidity addition and
activity on the Exchange, thereby rendering the Exchange a more
attractive and vibrant venue to existing and prospective market
participants. In sum, if the changes proposed herein are unattractive
to market participants, it is likely that the Exchange will lose market
share as a result. Accordingly, the Exchange does not believe that the
proposed changes will impair the ability of members or competing order
execution venues to maintain their competitive standing in the
financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is: (i) necessary or appropriate in the public
interest; (ii) for the protection of investors; or (iii) otherwise in
furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-GEMX-2023-03 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-GEMX-2023-03. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-GEMX-2023-03 and should be submitted on
or before March 14, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03479 Filed 2-17-23; 8:45 am]
BILLING CODE 8011-01-P


Summary of Conference Presentation

Conference:	Campus Safety Health and Environmental Management
Association (CSHEMA)-PRIZIM Regional EH&S Seminar, University of Central
Florida, Orlando Florida

Date: 		April 17, 2007

Presented by:	 Kristin Fitzgerald, U.S. EPA, Office of Solid Waste

Title:		EPA’s Lab Waste Rule:  What Does it Mean for Smaller Campuses?

At the request of PRIZIM, EPA spoke at the CSHEMA-PRIZIM Regional EH&S
Seminar to provide an update on the status of the final rule for
laboratory waste from colleges and universities.  Approximately 25
college and university representatives attended the presentation.
Kristin Fitzgerald provided a brief summary of the proposed rule, and an
overview of the public comments EPA received on the proposed rule.
Kristin also discussed the process of finalizing and implementing a
final rule and indicated where OSW is in the process.


[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Rules and Regulations]
[Pages 21169-21175]
[FR Doc No: 2010-9366]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0990; FRL-9141-1]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Revisions to New Mexico Transportation Conformity
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency is approving revisions to
the New Mexico State Implementation Plan (SIP) concerning the State
transportation conformity rules. On November 2, 2006, the State of New
Mexico submitted revisions to the New Mexico Administrative Code (NMAC)
20.2.99 to ensure consistency with amendments to the Federal
Transportation Conformity Rule. On June 27, 2007, and May 13, 2009, the
State submitted further revisions to NMAC 20.2.99 for consistency with
subsequent Federal rule revisions. These plan revisions meet statutory
and regulatory requirements, and are consistent with EPA's guidance.

DATES: This rule is effective on June 22, 2010 without further notice,
unless EPA receives relevant adverse comment by May 24, 2010. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0990, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0990. EPA's policy is that all comments received 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 information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    New Mexico Environment Department, 1190 St. Francis Drive, Suite
N4050, Santa Fe, New Mexico 87505.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittals
    1. November 2, 2006, New Mexico SIP Submittal
    2. June 27, 2007, New Mexico SIP Submittal
    3. May 13, 2009, New Mexico SIP Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The 1990 CAA required each State to submit a revision to its SIP to
address the requirements of Section 176(c) of the Act pertaining to
conformity determinations for metropolitan transportation plans,
transportation improvement programs and other projects funded by the
Federal Highway Administration or the Federal Transit Administration.
This process is known as ``transportation conformity,'' and serves to
ensure that federally supported highway and transit projects are
consistent with the purpose of the State's air quality plans in
nonattainment and maintenance areas. EPA promulgated final rules on
transportation conformity on November, 24, 1993 (58 FR 62188), and
these rules have been revised many times since; the latest revision is
that of January 24, 2008 (73 FR 4420). The initial New Mexico SIP
revision that incorporated EPA's conformity rules was adopted on
November 9, 1998, and it also has been revised several times to remain
in alignment with the Federal rules. The latest EPA approval of New
Mexico transportation conformity SIP provisions was on March 20, 2000
(65 FR 14877). This approval was a partial approval, with no action
taken on sections 109.C.1, 114, 128.C-F, 137.E, 139.A.2, 140.A.1, and
147.B, which could not be approved at that time due to the March 2,
1999 United States Court of Appeals for the District of Columbia
Circuit decision in Environmental Defense Fund v. Environmental
Protection Agency, 167 F.3d 641 (D.C. Cir. 1999). Revisions to the New
Mexico transportation conformity rules were submitted by the State to
EPA on November 2, 2006, June 27, 2007, and May 13, 2009.
    The November 2, 2006 SIP revision addresses amendments to the
Federal transportation conformity rule made on August 6, 2002 (67 FR
50808) and July 1, 2004 (68 FR 40003). The June 27, 2007 SIP revision
submitted by the State addresses amendments to the Federal
transportation conformity rule made on May 6, 2005 (70 FR 24279) and
March 10, 2006 (71 FR 12467). The May 13, 2009 SIP revision submitted
by the State addresses amendments to the Federal transportation
conformity rule made on January 24, 2008 (73 FR 4420). For more
information on the State submittals and the amendments to the Federal
transportation conformity rule please see our Technical Support
Document (TSD) found in the electronic docket for this action. The
electronic docket can be found at the Web site http://www.regulations.gov (Docket number EPA-R06-OAR-2006-0990).

 II. Analysis of the State's Submittals

1. November 2, 2006, New Mexico SIP Submittal

    In this submittal the State amended NMAC 20.2.99 as represented in
Table 1, to bring the rules into alignment with Federal provisions.
These changes include:
     Minor revisions to the 18-month requirement for the
initial SIP submissions;
     Addition of a grace period for newly designated
nonattainment areas;
     Adding the 1997 8-hour Ozone and fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS); and
     Miscellaneous revisions to clarify the existing regulation
and improve implementation.
    This revision is consistent with the amendments to the Federal
transportation conformity rule made on August 6, 2002 (67 FR 50808) and
July 1, 2004 (68 FR 40003) which incorporate:
     A requirement that conformity to be redetermined within 18
months of an initial State implementation plan submission;
     A one-year grace period for newly designated nonattainment
areas, consistent with an October 27, 2000 amendment to the Clean Air
Act (42 U.S.C. 7506(c)(6));
     Procedures for implementing conformity for the 1997 ozone
and PM2.5 NAAQS;
     Procedures for advancing highway and transit projects
during a conformity lapse, and
     The administrative process for determining whether the
motor vehicle emissions budgets (MVEB) in SIP submissions are
appropriate to use in conformity determinations.
    A more detailed analysis of the amendments contained in this SIP
submittal can be found in the TSD found in the electronic docket for
this action.

2. June 27, 2007, New Mexico SIP Submittal

    In this submittal the State amended NMAC 20.2.99 as represented in
Table 1, to bring the rules into alignment with Federal provisions by:
     Adding nitrogen oxides (NOX), volatile organic
compounds (VOCs), sulfur oxides (SOX), and ammonia
(NH3), each of which are precursors to PM2.5, to
the transportation conformity determinations for PM2.5
nonattainment and maintenance areas; and
     Establishing criteria for which transportation projects
must be analyzed for local impacts of particle emissions in
nonttainment and maintenance areas for the PM2.5 and coarse
particulate matter (PM10) NAAQS.
    This revision is consistent with the amendments to the Federal
transportation conformity rule made on May 6, 2005 (70 FR 24279) and
March 10, 2006 (71 FR 12467) which:
     Incorporate NOX, VOCs, SOX, and
NH3 as possible transportation-related PM2.5
precursors;
     Require that upon submittal of a PM2.5 SIP, a
PM2.5 precursor must be considered in an area's conformity
determinations if the SIP determines that emissions for that precursor
are a significant contributor to the area's PM2.5 air
quality problem;
     Require criteria for determining which transportation
projects must be analyzed for local impacts of particle emissions in
PM2.5 and PM10 nonattainment and maintenance
areas.
    A more detailed analysis of the amendments contained in this SIP
submittal can be found in the TSD found in the electronic docket for
this action.

2. May 13, 2009, New Mexico SIP Submittal

    In this submittal the State amended NMAC 20.2.99 sections
represented in Table 1 of this notice. The amendments help bring the
State rules into alignment with Federal provisions.
    These changes:
     Provide more time for State and local governments to meet
conformity requirements;
     Provide a one-year grace period before the consequences of
not meeting certain conformity requirements apply;
     Allow the option of shortening the timeframe of conformity
determinations;
     Provide procedures for areas to use in substituting or
adding transportation control measures (TCMs) to approved SIPs, and;
     Streamline other provisions.
    This revision is consistent with the January 24, 2008 (73 FR 4420)
transportation conformity rule amendments. These amendments were made
by EPA to implement the 2005 Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), (Pub. L.
109-59), and implement other changes not related to SAFETEA-LU. Prior
to SAFETEA-LU, States were required to address these provisions as well
as all other Federal conformity rule provisions in their conformity
SIPs. With amendments to address SAFETEA-LU, EPA now allows States to
submit

conformity SIPs that address only the following sections of the Federal
rule that need to be tailored to a State's individual circumstances:
     40 CFR 93.105, which addresses consultation procedures;
     40 CFR 93.122(a)(4)(ii), which states that conformity SIPs
must require that written commitments to control measures be obtained
prior to a conformity determination if the control measures are not
included in an MPO's transportation plan and TIP, and that such
commitments be fulfilled; and
     40 CFR 93.125(c), which states that conformity SIPs must
require that written commitments to mitigation measures be obtained
prior to a project-level conformity determination, and that project
sponsors comply with such commitments.
    Other changes to Federal transportation conformity rule regulations
not related to SAFETEA-LU were made:
     Allowing the U.S. Department of Transportation, in
consultation with EPA, to make categorical hot-spot findings for
projects in areas that are in nonattainment or maintenance for carbon
monoxide; and
     Removing the provision that allowed 8-hour ozone areas to
use other tests for conformity instead of their 1-hour ozone SIP
budgets.
    However, the State has opted to revise 20.2.99 NMAC to reflect all
amendments to the Federal Transportation Conformity Rule. A more
detailed analysis of the amendments contained in this SIP submittal can
be found in the TSD for this action.

III. Final Action

    EPA is approving revisions to the New Mexico SIP and associated
rules which were submitted by NMED on November 2, 2006, June 27, 2007,
and May 13, 2009. These revisions achieve the purpose of bringing the
State SIP and associated rules into alignment with Federal statutes and
regulations. Table 1 represents the revised sections of NMAC 20.2.99
that EPA is approving in this action. Where sections were repeated in
subsequent revisions, the more recent revisions are taken to supersede
the previous revisions, since the more recent language captures the
previous revisions.

                   Table 1--Revisions to NMAC 20.2.99
                           [By submittal date]
------------------------------------------------------------------------
                                               State      Submittal date
          NMAC 20.2.99 section            effective date      to EPA
------------------------------------------------------------------------
109, 114, 116, 117, 118, 120, 121, 123,       10/15/2005       11/2/2006
 129, 136, 143, 144, 145, 146, 147, 149,
 152, 153, 154..........................
150.....................................        9/1/2007       6/27/2007
2, 7, 111, 112, 113, 115, 122, 124, 125,        6/1/2009       5/13/2009
 128, 133, 134, 135, 137, 138, 139, 140,
 148, 151...............................
------------------------------------------------------------------------

    We have evaluated the State's submittals and have determined that
they meet the applicable requirements of the Clean Air Act and EPA
regulations, and are consistent with EPA policy.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on June 22, 2010
without further notice unless we receive adverse comment by May 24,
2010. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. 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, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the State, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
    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 June 22, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Particulate matter, Reporting and recordkeeping requirements,
Transportation conformity, Transportation-air quality planning,
Volatile organic compounds.

    Dated: April 9, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 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 GG--New Mexico

0
2. The first table in Sec.  52.1620(c) entitled ``EPA Approved New
Mexico Regulations'' is amended by revising the entry for Part 99 and
adding new entries for <IP_ADDRESS> to <IP_ADDRESS> immediately following
the entry for Part 99 to read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                                           EPA-Approved New Mexico Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State approval/
             State citation                     Title/subject           effective             EPA approval date                    Explanation
                                                                          date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         New Mexico Administrative Code (NMAC) Title 20--Environment Protection
                                                                 Chapter 2--Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Part 99--Transportation Conformity
--------------------------------------------------------------------------------------------------------------------------------------------------------
<IP_ADDRESS>..............................  Issuing Agency............      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>..............................  Scope.....................        6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                                                                where document begins].
<IP_ADDRESS>..............................  Statutory Authority.......      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>..............................  Duration..................      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>..............................  Effective Date............      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>..............................  Objective.................      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>..............................  Definitions...............        6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                                                                where document begins].
<IP_ADDRESS>..............................  Documents.................      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS> to <IP_ADDRESS>...............   [Reserved]...............      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>............................  Applicability.............      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                                                                where document begins].
<IP_ADDRESS>............................  Priority..................      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
<IP_ADDRESS>............................  Frequency of Conformity           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Determinations.                             where document begins].
<IP_ADDRESS>............................  Frequency of Conformity           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Determinations--Transport                   where document begins].
                                          ation Plans.
<IP_ADDRESS>............................  Frequency of Conformity           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Determinations--Transport                   where document begins].
                                          ation Improvement
                                          Programs.
<IP_ADDRESS>............................  Frequency of Conformity         10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Determinations--Projects.                   where document begins].
<IP_ADDRESS>............................  Frequency of Conformity           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Determinations--Triggers                    where document begins].
                                          for Transportation Plan
                                          and Tip Conformity
                                          Determinations.

<IP_ADDRESS>............................  Consultation..............      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                                                                where document begins].
<IP_ADDRESS>............................  Agency Roles in                 10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Consultation.                               where document begins].
<IP_ADDRESS>............................  Agency Responsibilities in      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Consultation.                               where document begins].
<IP_ADDRESS>............................  General Consultation            11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Procedures.
<IP_ADDRESS>............................  Consultation Procedures         10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          for Specific Major                          where document begins].
                                          Activities.
<IP_ADDRESS>............................  Consultation Procedures         10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          for Specific Routine                        where document begins].
                                          Activities.
<IP_ADDRESS>............................  Notification Procedures           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          for Routine Activities.                     where document begins].
<IP_ADDRESS>............................  Conflict Resolution and         10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Appeals to the Governor.                    where document begins].
<IP_ADDRESS>............................  Public Consultation               6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Procedures.                                 where document begins].
<IP_ADDRESS>............................  Content of Transportation         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Plans and Timeframes of                     where document begins].
                                          Conformity Determinations.
<IP_ADDRESS>............................  Relationship of                 11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Transportation Plan and
                                          Tip Conformity to the
                                          NEPA Process.
<IP_ADDRESS>............................  Fiscal Constraints for          11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Transportation Plans and
                                          TIPs.
<IP_ADDRESS>............................  Criteria and Procedures           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          for Determining                             where document begins].
                                          Conformity of
                                          Transportation Plans,
                                          Programs, and Projects--
                                          General.
<IP_ADDRESS>............................  Criteria and Procedures--       10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Latest Planning                             where document begins].
                                          Assumptions.
<IP_ADDRESS>............................  Criteria and Procedures--       11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Latest Emissions Model.
<IP_ADDRESS>............................  Criteria and Procedures--       11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Consultation.
<IP_ADDRESS>............................  Criteria and Procedures--       11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Timely Implementation of
                                          TCMs.
<IP_ADDRESS>............................  Criteria and Procedures--         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Currently Conforming                        where document begins].
                                          Transportation Plan and
                                          TIP.
<IP_ADDRESS>............................  Criteria and Procedures--         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Projects from a                             where document begins].
                                          Transportation Plan and
                                          TIP.
<IP_ADDRESS>............................  Criteria and Procedures--         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Localized Co, PM10, and                     where document begins].
                                          PM2.5 Violations (Hot
                                          Spots).
<IP_ADDRESS>............................  Criteria and Procedures--       10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Compliance with PM10, and                   where document begins].
                                          PM2.5 Control Measures.
<IP_ADDRESS>............................  Criteria and Procedures--         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Motor Vehicle Emissions                     where document begins].
                                          Budget.
<IP_ADDRESS>............................  Criteria and Procedures--         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Interim Emissions in                        where document begins].
                                          Areas without Motor
                                          Vehicle Emissions Budgets.
<IP_ADDRESS>............................  Consequences of Control           6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Strategy Implementation                     where document begins].
                                          Plan Failures.
<IP_ADDRESS>............................  Requirements for Adoption         6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          or Approval of Projects                     where document begins].
                                          by Other Recipients of
                                          Funds Designated Under
                                          Title 23 U.S.C. or the
                                          Federal Transit Laws.

<IP_ADDRESS>............................  Procedures for Determining      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Regional Transportation-
                                          Related Pollutant
                                          Emissions--General
                                          Requirements.
<IP_ADDRESS>............................  Procedures for Determining      11/23/1998  3/20/2000, 65 FR 14873............  ...............................
                                          Regional Transportation-
                                          Related Pollutant
                                          Emissions--Analysis in
                                          Serious, Severe, and
                                          Extreme Ozone
                                          Nonattainment Areas and
                                          Serious Carbon Monoxide
                                          Areas.
<IP_ADDRESS>............................  Procedures for Determining      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Regional Transportation-                    where document begins].
                                          Related Pollution
                                          Emissions--Two-Year Grace
                                          Period for Regional
                                          Emissions Analysis
                                          Requirements in Certain
                                          Ozone and Co Areas.
<IP_ADDRESS>............................  Procedures for Determining      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Regional Transportation-                    where document begins].
                                          Related Pollutant
                                          Emissions--Areas Which
                                          are not Serious, Severe
                                          or Extreme Ozone
                                          Nonattainment Areas or
                                          Serious Carbon Monoxide
                                          Areas.
<IP_ADDRESS>............................  Procedures for Determining      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Regional Transportation-                    where document begins].
                                          Related Pollutant
                                          Emissions--PM10 from
                                          Construction-Related
                                          Fugitive Dust.
<IP_ADDRESS>............................  Procedures for Determining      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Regional Transportation--                   where document begins].
                                          Related Pollutant
                                          Emissions--PM2.5 from
                                          Construction--Related
                                          Fugitive Dust.
<IP_ADDRESS>............................  Procedures for Determining      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Regional Transportation-                    where document begins].
                                          Related Pollutant
                                          Emissions--Reliance on
                                          Previous Regional
                                          Emissions Analysis.
<IP_ADDRESS>............................  Procedures for Determining        6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                          Localized CO, PM10, and                     where document begins].
                                          PM2.5 Concentrations (Hot-
                                          Spot Analysis).
<IP_ADDRESS>............................  Using the Motor Vehicle         10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Emissions Budget in the                     where document begins].
                                          SIP (or Implementation
                                          Plan Submission).
<IP_ADDRESS>............................  Enforceability of Design          9/1/2007  4/23/2010, [Insert FR page number   ...............................
                                          Concept and Scope and                       where document begins].
                                          Project-Level Mitigation
                                          and Control Measures.
<IP_ADDRESS>............................  Exemptions................        6/1/2009  4/23/2010, [Insert FR page number   ...............................
                                                                                where document begins].
<IP_ADDRESS>............................  Traffic Signal                  10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Synchronization Projects.                   where document begins].
<IP_ADDRESS>............................  Special Exemptions from         10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                          Conformity Requirements                     where document begins].
                                          for Pilot Program Areas.
<IP_ADDRESS>............................  Savings Provision.........      10/15/2005  4/23/2010, [Insert FR page number   ...............................
                                                                                where document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

* * * * *
[FR Doc. 2010-9366 Filed 4-22-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Page 79963]
[FR Doc No: 2015-32187]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76673; File No. SR-NYSEArca-2015-104]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To Adopt a New Policy Relating to Trade Reports for Exchange
Traded Products

December 17, 2015.
    On October 28, 2015, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a rule change proposing a new policy
related to the Exchange's treatment of trade reports for ``Exchange
Traded Products'' \3\ that it determines to be inconsistent with the
prevailing market. The proposed rule change was published for comment
in the Federal Register on November 18, 2015.\4\ The Commission has
received two comment letters on the proposal.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ For purposes of this proposed rule change, ``Exchange Traded
Products'' include exchange-traded funds, exchange-traded notes, and
exchange-traded vehicles. See Securities Exchange Act Release No.
76431 (Nov. 12, 2015), 80 FR 72126, n.4 (Nov. 18, 2015) (SR-
NYSEArca-2015-104) (``Notice'').
    \4\ See Notice, supra note 3.
    \5\ See Letter from Gary Gastineau, ETF Consultants.com, Inc.,
to the Commission (Nov. 27, 2015); Letter from James J. Angel,
Associate Professor, Georgetown University, to the Commission (Dec.
5, 2015). All comments on the proposed rule change are available on
the Commission's Web site at: http://www.sec.gov/comments/sr-nysearca-2015-104/nysearca2015104.shtml.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is January 2, 2016. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change and the comments
received. Accordingly, the Commission, pursuant to Section 19(b)(2) of
the Act,\7\ designates February 16, 2016, as the date by which the
Commission shall either approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change (File No.
SR-NYSEArca-2015-104)
---------------------------------------------------------------------------

    \7\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32187 Filed 12-22-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]
[Page 73230]
[DOCID:fr09de05-71]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER05-1501-000]

California Independent System Operator Corporation; Notice of
Technical Conference Agenda

December 1, 2005.
    As announced in the Notice of Technical Conference issued on
November 21, 2005, the Commission Staff will convene a technical
conference on Wednesday, December 7, 2005, from 9:30 a.m. to 5 p.m.
(EST), at the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC, in a room to be announced at a later date. The
technical conference will address the issues identified in the
interventions and protests filed in this docket, as well as the
responses in the CAISO's answer to those interventions and protests.
    Please take notice of the conference agenda below:

I. Opening remarks by Commission Staff
II. Presentation by the CAISO
III. Discussion
IV. Comments from Staff

    Conferences are accessible under section 508 of the Rehabilitation
Act of 1973. For accessibility accommodations please send an e-mail to
<EMAIL_ADDRESS>or call toll free 1-866-208-3372 (voice) or 202-

208-1659 (TTY), or send a FAX to<PHONE_NUMBER> with the required
accommodations.
    For more information about the conference, including participant
access information, please contact: Connie Caldwell at<PHONE_NUMBER>
or
<EMAIL_ADDRESS>or Marion Whitaker at<PHONE_NUMBER> or<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7092 Filed 12-8-05; 8:45 am]

BILLING CODE 6717-01-P