[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Notices]
[Page 14834-14837]
[DOCID:fr01ap09-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59627; File No. SR-NYSEAmex-2009-02]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC Formally
Adopting and Codifying Its Wireless Data Communications Initiatives

 March 25, 2009.
    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 March 23, 2009, NYSE Amex US LLC (the ``Exchange'' or ``NYSE Amex'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by NYSE Amex. NYSE Amex has submitted the proposed
rule change pursuant to Rule 19b-4(f)(6) under the Act,\3\ which
renders the proposal effective upon filing with the Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to formally adopt and codify its Wireless
Data Communications Initiatives (referred to herein as the ``Wireless
Policy'').

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections (A), (B) and (C) below,
of the most significant aspects of such statements.

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

1. Purpose
    NYSE Amex LLC (``NYSE Amex'' or ``Exchange''), formerly the
American Stock Exchange LLC and NYSE Alternext US LLC \4\ proposes to
formally adopt and codify a Wireless Data Communications Initiative
(referred to herein as the ``Wireless Policy''). The proposed Wireless
Policy is identical to a proposal separately submitted by the New York
Stock Exchange LLC (``NYSE'').\5\
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    \4\ On March 3, 2009, the Exchange submitted a rule filing to
change its name from NYSE Alternext US LLC to NYSE Amex LLC (SR-
NYSEALTR-2009-24).
    \5\ See SR-NYSE-2009-33 (filed on March 20, 2009). The NYSE
filing includes a historical discussion of the implementation of the
NYSE Wireless Policy.
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Background
    As described more fully in a related rule filing,\6\ NYSE Euronext
acquired The Amex Membership Corporation (``AMC'') pursuant to an
Agreement and Plan of Merger, dated January 17, 2008 (the ``Merger'').
In connection with the Merger, the Exchange's predecessor, the American
Stock Exchange LLC (``Amex''), a subsidiary of AMC, became a subsidiary
of NYSE Euronext called NYSE Alternext US LLC, and continues to operate
as a national securities exchange registered under Section 6 of the
Securities Exchange Act of 1934, as amended (the ``Act'').\7\ The
effective date of the Merger was October 1, 2008.
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    \6\ See Securities Exchange Act Release No. 58673 (September 29,
2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 and SR-Amex
2008-62) (approving the Merger).
    \7\ 15 U.S.C. 78f.
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    In connection with the Merger, on December 1, 2008, the Exchange
relocated all equities trading conducted on the Exchange legacy trading
systems and facilities located at 86 Trinity Place, New York, New York,
to trading systems and facilities located at 11 Wall Street, New York,
New York (the ``Equities Relocation''). The Exchange's equity trading
systems and facilities at 11 Wall Street (the ``NYSE Amex Trading
Systems'') are operated by the NYSE on behalf of the Exchange.\8\
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    \8\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex 2008-63) (approving
the Equities Relocation).
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    As part of the Equities Relocation, NYSE Amex adopted NYSE Rules 1-
1004, subject to such changes as necessary to apply the Rules to the
Exchange, as the NYSE Amex Equities Rules to govern trading on the NYSE
Amex Trading Systems.\9\ The NYSE Amex Equities Rules, which became
operative on December 1, 2008, are substantially identical to the
current NYSE Rules 1-1004 and the Exchange continues to update the NYSE
Amex Equities Rules as necessary to conform with rule changes to
corresponding NYSE Rules filed by the NYSE.
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    \9\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex 2008-63) (approving
the Equities Relocation); Securities Exchange Act Release No. 58833
(October 22, 2008), 73 FR 64642 (October 30, 2008) (SR-NYSE-2008-
106) and Securities Exchange Act Release No. 58839 (October 23,
2008), 73 FR 64645 (October 30, 2008) (SR-NYSEALTR-2008-03)
(together, approving the Bonds Relocation); Securities Exchange Act
Release No. 59022 (November 26, 2008), 73 FR 73683 (December 3,
2008) (SR-NYSEALTR-2008-10) (adopting amendments to NYSE Alternext
Equities Rules to track changes to corresponding NYSE Rules);
Securities Exchange Act Release No. 59027 (November 28, 2008), 73 FR
73681 (December 3, 2008) (SR-NYSEALTR-2008-11) (adopting amendments
to Rule 62--NYSE Alternext Equities to track changes to
corresponding NYSE Rule 62).
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    Pursuant to the Equities Relocation, the Exchange's equity trading
systems and facilities are operated by the NYSE on behalf of the
Exchange. As a result, NYSE Amex Trading Systems currently operate
pursuant to the NYSE's policies and procedures that govern wireless
data communication technology of the Floor.\10\ The NYSE formally
submitted a proposal to the Securities and Exchange Commission to
modify its policies and procedures that govern wireless data
communications technology on the systems NYSE operates on behalf of the
Exchange. As such, the Exchange submits this proposal to formally adopt
and codify those amended policies and procedures.
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    \10\ The Exchange's Wireless Communications Plan governing the
use of the hand-held on the Equities Trading Floor is the same as
the NYSE's, which was previously approved by the Commission. See
Securities Exchange Act Release No. 36156 (August 25, 1995), 60 FR
45756 (September 1, 1995) (SR-NYSE-95-22). The approval order of the
initial filing and subsequent amendment by the Commission to changes
to the Wireless Data Communications Initiatives has historically
been referred to by the NYSE as its ``Wireless Policy.'' See also
Securities Exchange Act Release No. 39379 (December 1, 1997), 62 FR
64615 (December 8, 1997) (SR-NYSE-97-17).
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Wireless Policy
    The Exchange now proposes to formally adopt a Wireless Policy that
allows wireless communications to be sent to and received directly to
and from: (i) A Floor broker's booth premise; or (ii) wireless
technology in the form of wireless hand-held data communication
devices. A wireless hand-held device (``hand-held'') is a tool used by
Floor brokers as part of an integrated Floor order management system to
trade and to send and receive messages. Such messages can consist of
orders and cancellations and modification of orders, as well as
electronic text messages permitting the communication of text or graph
information. Pursuant to the policy, orders entered from off the Floor
may be transmitted to a Floor broker's booth or directly to a hand-
held.\11\ Likewise, Floor brokers may send order-related messages
(e.g., cancellations and administrative messages) and information
(e.g., Market Look data) back to the customer from the booth premise or
directly from the hand-held.
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    \11\ Pursuant to NYSE Amex Equities Rule 54, appropriately
registered and supervised employees working in Exchange Regulation-
approved booths are permitted to process orders sent to a Floor
broker's booth premise in the same manner that sales traders in an
``upstairs'' office are allowed to process orders. The proposed
Wireless Policy would not impact this ability because the direct
transmittal of an order from off the Floor to the handheld would
constitute a determination to have the order represented and
executed on the Exchange Floor, and not processed in the booth in
the same manner as an ``upstairs'' trading desk.
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    Pursuant to the proposed Wireless Policy, where: (1) Orders are
transmitted electronically from a member's off-Floor location to a
booth terminal and then the order is retransmitted from the booth
terminal to a member's hand-held; or (2) order-related messages or
information are transmitted directly to the hand-held, bypassing the
booth, a record must be established and maintained which reflects the
time the order or order-related message or information was received by
the booth terminal or the hand-held. The time of receipt will be
captured by the Booth or the hand-held, depending upon where the order
was routed. The record of time of receipt by a hand-held may be
established and maintained by such device or the Booth and by the
server which receives a message acknowledgment from the hand-held or
the Booth. The Booth will not be required to print records.
    Orders sent from off-Floor to the booth or the hand-held are first
sent through a secured network and routed to an Exchange wired database
that captures and records the orders. Likewise, order-related messages
or information generated from the booth or the Floor broker's hand-held
are transmitted back to the Exchange-wired databases via the secured
wireless network, where the information is captured and recorded, and
then sent off-Floor to the customer via the Exchange's secured network.
In short, Exchange wired databases capture and record all of the
information sent to and transmitted from the hand-held.

    The Exchange notes that the transmission of orders from off-Floor
locations directly to the hand-helds and order-related messages or
information sent from hand-helds to off-Floor locations will not result
in an increased risk of loss of order information. As is the case
today, all orders and order-related messages or information will be
recorded in an Exchange database upon receipt and prior to delivery to
the hand-held. In the event that a hand-held loses connectivity with
the database, all incoming and outgoing transactions will continue to
be captured and stored in said database and will be re-transmitted to
the hand-held once connectivity is restored. To further mitigate the
risk of any loss of data, the Exchange infrastructure offers a fully
redundant, dual-sited back-up database. This same infrastructure is
currently in place today for orders received into NYSE Amex systems
destined for a booth. Therefore, all the information captured by the
database is the identical information that would be captured had the
order been sent to the Floor booth before being sent to the hand-held
or the order-related message or information had been sent from the
hand-held to the Floor booth. The informational content transmitted to
and from the hand-held remains the same and is not affected by the
proposed Wireless Policy.
    Furthermore, this change will not impact the requirements for the
system entry of orders and execution reports pursuant to NYSE Amex
Equities Rule 123(e) and (f). All orders, order messages and report
information captured by the database will be provided electronically in
the same manner as orders transmitted directly to a booth today for
audit trail purposes. The wireless infrastructure captures the same
information that was previously captured in the Floor booth. The hand-
held will operate as the functional equivalent as the Floor booth
premise for order receipt and retention purposes.
    Hand-helds will continue to provide the requisite information as to
price, size and time of the order, and information if the order is
cancelled. Audit trail information will be captured electronically by
the hand-held, thereby obviating the need for the transmission to the
booth terminal which historically recorded this information.
    Pursuant to NYSE Amex Equities Rule 117, any order transmitted
directly to the hand-held to constitute a written order since the
requisite information as to price, size and time of the order, and
information if the order is cancelled will be captured by the hand-
held. Furthermore, the information directly sent to the hand-held
satisfies the Exchange's audit trail requirements and all other
Exchange reporting and record-keeping requirements.
    The Exchange believes that this proposal will facilitate an
efficient and expeditious mechanism for order execution. The Exchange
further believes that its customers and market participants will
benefit from faster order execution, enhanced market quality and a
reduction in latency of order executions as a result of this proposal.
2. Statutory Basis
    The basis under the Act for the proposed rule change is the
requirement under Section 6(b)(5),\12\ which requires that an exchange
have rules that are designed to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The proposed rule change is
consistent with these objectives in that it enables the Exchange to
further facilitate transactions on the Exchange Trading Floor by
allowing for the direct transmission of orders and order-related
messages and information to the hand-held for representation and
execution. Likewise, the ability to transmit order-related messages or
information from the hand-held to off-Floor customers provides the
customer with speed of execution and greater market transparency for
off-Floor participants. Overall, the Exchange believes that its
Wireless Policy provides for a faster, more efficient method of order
execution.
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    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
NYSE Amex has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \16\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. NYSE Amex requests
that the Commission waive the 30-day operative delay in order to
immediately remove an impediment to the efficient execution of customer
orders and transmission of order-related messages or information. The
Exchange represents that the proposed changes merely seek to adopt the
identical provisions of the NYSE Wireless Policy. The Exchange believes
that it promotes the protection of investors and serves the public
interest to have its systems allow for the delivery of customer orders
to the point of sale and order-related messages or information back to
the customer immediately now that hand-held technology is capable of
meeting all audit trail requirements. The Commission notes the
Exchange's representation that the proposed changes to the Wireless
Policy do not change the content of what is sent to and from the hand-
helds, but simply amends the procedure for transmitting such
information. In addition, the Commission notes the Exchange's
representation with regard to the ability of Exchange systems to
capture and record all information sent to and transmitted from the
handhelds. For these reasons, the Commission believes that waiving the
30-day operative delay \17\ is consistent with the protection

of investors and the public interest. Therefore, the Commission
designates the proposal operative upon filing.
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2009-02 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAmex-2009-02. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSEAmex-2009-02 and should
be submitted on or before April 22, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7217 Filed 3-31-09; 8:45 am]


[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Page 34895]
[FR Doc No: 2016-12936]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0359]

Special Local Regulation; Annual Marine Events on the Colorado
River, Between Davis Dam (Bullhead City, Arizona) and Headgate Dam
(Parker, Arizona) Within the San Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Great Western Tube Float
marine event and associated waterway special local regulations from 7
a.m. through 4 p.m. on June 11, 2016. This annual marine event occurs
in the navigable waters of the Colorado River in Parker, Arizona,
covering eight miles of the waterway from the La Paz County Park to the
Headgate Dam. This action is necessary to provide for the safety of the
participants, crew, spectators, safety vessels, and general users of
the waterway. During the enforcement period, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this regulated area unless authorized by the Captain of the Port, or
his designated representative.

DATES: The regulations in 33 CFR 100.1102, Table 1, Item 9 will be
enforced from 7 a.m. through 4 p.m. on June 11, 2016, for Item 9 in
Table 1 of Sec.  100.1102.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
publication, call or email Petty Officer Randolph Pahilanga, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-
7656<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulations
in 33 CFR 100.1102 for a special local regulation for the annual Great
Western Tube Float in 33 CFR 100.1102, Table 1, Item 9 from 7 a.m. to 4
p.m. on June 11, 2016.
    Under the provisions of 33 CFR 100.1102, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this regulated area of the Colorado River unless authorized by the
Captain of the Port, or his designated representative. The Coast Guard
may be assisted by other Federal, State, or local law enforcement
agencies in enforcing this regulation.
    This document is issued under authority of 33 CFR 100.1102 and 5
U.S.C. 552 (a). In addition to this document in the Federal Register,
the Coast Guard will provide the maritime community with extensive
advance notification of this enforcement period via the Local Notice to
Mariners and local advertising by the event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: May 13, 2016.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2016-12936 Filed 5-31-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67349-67350]
[FR Doc No: 2016-23687]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0365; FRL-9953-47-ORD]

Board of Scientific Counselors (BOSC) Air, Climate, and Energy
Subcommittee Meeting--October 2016

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the U.S. Environmental Protection Agency (EPA), Office of Research
and Development (ORD), gives notice of a meeting of the Board of
Scientific Counselors (BOSC) Air, Climate, and Energy Subcommittee.

DATES: The meeting will be held on Tuesday, October 25, 2016, from 8:00
a.m. to 5:00 p.m., and will continue on Wednesday, October 26, 2016,
from 8:30 a.m. until 12:15 p.m. All times noted are Eastern Time. The
meeting may adjourn early if all business is finished. Attendees should
register by October 18, 2016. Requests for the draft agenda or for
making oral presentations at the meeting will be accepted up to one
business day before the meeting.

ADDRESS:  The meeting will be held at the EPA's RTP Main Campus
Facility, 109 T.W. Alexander Drive, Research Triangle Park, North
Carolina 27711. Submit your comments, identified by Docket ID No. EPA-
HQ-ORD-2015-0365, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0365.
     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2015-0365.
     Mail: Send comments by mail to: Board of Scientific
Counselors (BOSC) Air, Climate, and Energy Subcommittee Docket, Mail
Code: 2822T, 1301 Constitution Ave. NW., Washington, DC 20004,
Attention Docket ID No. EPA-HQ-ORD-2015-0365.
     Hand Delivery or Courier: Deliver comments to: EPA Docket
Center (EPA/DC), Room 3334, William Jefferson Clinton West Building,
1301 Constitution Ave. NW., Washington, DC, Attention Docket ID No.
EPA-HQ-ORD-2015-0365. Note: This is not a mailing address. Deliveries
are only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2015-0365. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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. For additional information about the EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Board of Scientific
Counselors (BOSC) Air, Climate, and Energy Subcommittee Docket, EPA/DC,
William Jefferson Clinton West Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Tim Benner, Mail Code 8104R, Office of Science Policy, Office
of Research and Development, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; via phone/voice mail at:
(202) 564-6769; via fax at:<PHONE_NUMBER>; or via email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    General Information: The meeting is open to the public. Any member
of the public interested in receiving a draft agenda, attending the
meeting, or making a presentation at the meeting may contact Tim
Benner, the Designated Federal Officer, via any of the contact methods
listed in the FOR FURTHER INFORMATION CONTACT section above. In
general, each individual making an oral presentation will be limited to
a total of three minutes. For security purposes, all attendees must
provide their names to the Designated Federal Officer or register
online at https://www.eventbrite.com/e/us-epa-bosc-air-climate-and-energy-subcommittee-meeting-tickets-28117149150 by October 18, 2016,
and must go through a metal detector, sign in with the security desk,
and show REAL ID Act-compliant government-issued photo

identification to enter the building. Attendees are encouraged to
arrive at least 15 minutes prior to the start of the meeting to allow
sufficient time for security screening. Proposed agenda items for the
meeting include, but are not limited to, the following: Overview of
materials provided to the subcommittee; Update on ORD's Air, Climate,
and Energy Research Program; Review of charge questions; Presentations
on research efforts related to social science; and Subcommittee
discussion.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Tim Benner at<PHONE_NUMBER> or<EMAIL_ADDRESS>To
request accommodation of a disability, please contact Tim Benner,
preferably at least ten days prior to the meeting, to give the EPA as
much time as possible to process your request.

    Dated: September 26, 2016.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2016-23687 Filed 9-29-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63251-63252]
[FR Doc No: 2013-24772]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 12h-1(f); OMB Control No. 3235-0632, SEC File No. 270-570.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Rule 12h-1(f) (17 CFR 240.12h-1(f)) under the Securities Exchange
Act of 1934 (``Exchange Act'') provides an exemption from the Exchange
Act Section 12(g) registration requirements

for compensatory employee stock options of issuers that are not
required to file periodic reports under the Exchange Act and that have
500 or more option holders and more than $10 million in assets as of
its most recently ended fiscal year. The information required under
Exchange Act Rule 12h-1 is not filed with the Commission. Exchange Act
Rule 12h-1(f) permits issuers to provide the required information to
the option holders either by: (i) Physical or electronic delivery of
the information; or (ii) written notice to the option holders of the
availability of the information on a password-protected Internet site.
We estimate that it takes approximately 2 burden hours per response to
prepare and provide the information required under Rule 12h-1(f) and it
is prepared and provided by approximately 40 respondents. We estimate
that 25% of the 2 hours per response (0.5 hours) is prepared by the
company for a total annual reporting burden of 20 hours (0.5 hours per
response x 40 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: October 17, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24772 Filed 10-22-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76091-76094]
[FR Doc No: 2022-26864]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96450; File No. SR-CBOE-2022-060]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule

December 6, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 23, 2022, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to modify the fee
for the SPX (and SPXW) Floor Market-Maker Tier Appointment Fee.\3\
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee change, among
other changes, on June 1, 2022 (SR-CBOE-2022-026). On June 10, 2022,
the Exchange withdrew that filing and submitted SR-CBOE-2022-029. On
August 5, 2022, the Exchange withdrew that filing and submitted SR-
CBOE-2022-042. On September 26, 2022, the Exchange withdrew that
filing and submitted SR-CBOE-2022-050 to address the proposed fee
change relating to the SPX/SPXW Floor Market-Maker Tier Appointment
Fee. On November 23, 2022, the Exchange withdrew that filing and
submitted this filing.
---------------------------------------------------------------------------

    By way of background, Exchange Rule 5.50(g)(2) provides that the
Exchange may establish one or more types of tier appointments and
Exchange Rule 5.50(g)(2)(B) provides such tier appointments are subject
to such fees and charges the Exchange may establish. In 2010, the
Exchange established the SPX Tier Appointment and adopted an initial
fee of $3,000 per Market-Maker trading permit, per month.\4\ The SPX
(and SPXW) Tier Appointment fee for Floor Market-Makers currently
applies to any Market-Maker that executes any contracts in SPX and/or
SPXW on the trading floor.\5\ The Exchange now seeks to increase the
fee for the SPX/SPXW Floor Market-Maker Tier Appointment from $3,000
per Market-Maker Floor Trading Permit to $5,000 per Market-Maker Floor
Trading Permit.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 62386 (June 25,
2010), 75 FR 38566 (July 2, 2010) (SR-CBOE-2010-060).
    \5\ The Exchange notes that the fee is not assessed to a Market-
Maker Floor Permit Holder who only executes SPX (including SPXW)
options transactions as part of multi-class broad-based index spread
transactions. See Cboe Options Fees Schedule, Market-Maker Tier
Appointment Fees, Notes.
---------------------------------------------------------------------------

    In connection with the proposed change, the Exchange also proposes
to update Footnote 24 in the Fees Schedule, as well as remove the
reference to Footnote 24 in the Market-Maker Tier Appointment Fee
Table. By way of background, in June 2020, the Exchange adopted
Footnote 24 to describe pricing changes that would apply for the
duration of time the Exchange trading floor was being operated in a
modified manner in connection with the COVID-19 pandemic.\6\ Among
other changes, Footnote 24 provided that the monthly fee for the SPX/
SPXW Floor Market-Maker Tier Appointment Fee was to be increased to
$5,000 per Trading Permit from $3,000 per Trading Permit. As the
Exchange now proposes to maintain the $5,000 rate on a permanent basis
(i.e., regardless of whether the Exchange is operating in a modified
state due to COVID-19 pandemic), the Exchange proposes to eliminate the
reference to the SPX/SPXW Floor Market-Maker Tier Appointment Fee in
Footnote 24.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 89189 (June 30,
2020), 85 FR 40344 (July 6, 2020) (SR-CBOE-2020-058).
    \7\ The Exchange notes that since its transition to a new
trading floor facility on June 6, 2022, it has not been operating in
a modified manner. As such Footnote 24 (i.e., the modified fee
changes it describes) does not currently apply.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirement that the rules of an exchange not be
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)(5).
    \10\ Id.
---------------------------------------------------------------------------

    The Exchange believes its proposal to increase the SPX (and SPXW)
Floor Market-Maker Tier Appointment fee is reasonable because the
proposed amount is not significantly higher than was previously
assessed (and is the same amount that has been assessed under Footnote
24 for the last two years). Additionally, the Exchange believes its
proposal to increase the fee is reasonable as the fee amount has not
been increased since it was adopted over 12 years ago in July 2010.\11\
For example, since its adoption 12 years ago, there has been notable
inflation. Indeed, the dollar has had an average inflation rate of 2.6%
per year between 2010 and today, producing a cumulative price increase
of approximately 37% inflation since 2010, when the SPX and SPXW Floor
Market-Maker Tier Appointment was first adopted.\12\ Additionally, for
nearly ten years, Market-Makers were only subject to the original rate
that was adopted in 2010 (i.e., $3,000) notwithstanding an average
inflation rate of 2.64% per year. The Exchange believes the proposed
increase is also reasonable in light of increased costs of services
since 2010, including those relating to facility and technology
upgrades associated with the new trading floor, which new floor
provides a state-of-the-art environment and technology. Although the
Exchange recently adopted new, and/or updated current, fees associated
with the new trading floor, it did not pass-through other costs
incurred in connection with the new trading floor, including design,
construction and other on-going maintenance costs. Further, the
Exchange has not modified many of its facilities fees in several years.
The Exchange notes in particular that the trading pit for SPX is the
largest trading pit on the new trading floor and represents a
significant amount of space on the new trading floor. Accordingly, the
Exchange believes the proposed change is reasonable because it allows
the Exchange to recoup additional fees associated with the costs of
operating a modern and cutting-edge trading floor from market
participants that utilize the most space and resources on said trading
floor.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 62386 (June 25,
2010), 75 FR 38566 (July 2, 2010) (SR-CBOE-2010-060).
    \12\ See https://www.officialdata.org/us/inflation/2010?amount=1.
---------------------------------------------------------------------------

    Additionally, over the last decade the Exchange has made, and
continues to make, further investments to encourage growth trends in
SPX volume, including investments in marketing, sales teams, global
coverage teams, and new product

innovations (such as adding additional weekly expirations and LEAPS).
The Exchange notes that the SPX (and SPXW) Tier Appointment fee helps
fund these efforts. Moreover, although the SPX (and SPXW) Tier
Appointment fee has not increased since 2010, SPX volume, including
volume on the trading floor, has increased significantly since that
time. The Exchange therefore believes the proposed fee increase is
reasonable because it allows the Exchange to recoup fees associated
with the costs of maintaining and growing SPX and SPXW, which products
can help market participants achieve broad market protection.
    The Exchange next notes that it operates in a highly competitive
environment. The SEC Division of Trading and Markets' Fee Guidance
provides that in determining whether a proposed fee is constrained by
significant competitive forces, the Commission will consider whether
there are reasonable substitutes for the product or service that is the
subject of a proposed fee.\13\ As described in further detail below,
the Exchange believes substitutable products are in fact available to
market participants, including in the Over-the-Counter (OTC) markets.
Indeed, there are currently 16 registered options exchanges that trade
options. Based on publicly available information, no single options
exchange has more than 17% of the market share as of November 21,
2022.\14\ Further, low barriers to entry mean that new exchanges may
rapidly and inexpensively enter the market and offer additional
substitute platforms to further compete with the Exchange and the
products it offers. For example, there are 3 exchanges that have been
added in the U.S. options markets in the last 5 years (i.e., Nasdaq
MRX, LLC, MIAX Pearl, LLC, and MIAX Emerald LLC) and one additional
options exchange that is expected to launch in 2023 (i.e., MEMX LLC).
---------------------------------------------------------------------------

    \13\ See Chairman Jay Clayton, Statement on Division of Trading
and Markets Staff Fee Guidance, June 12, 2019.
    \14\ See Cboe Global Markets U.S. Options Market Volume Summary
(November 21, 2022), available at https://markets.cboe.com/us/options/market_statistics/.
---------------------------------------------------------------------------

    The Exchange believes that competition in the marketplace
constrains the ability of exchanges to charge supracompetitive fees for
access to its products exclusive to that market (``proprietary
products''). Notably, just as there is no regulatory requirement to
become a member of any one options exchange, there is also no
regulatory requirement for any market participant to trade any
particular product, nor is there any requirement that any Exchange
create or indefinitely maintain any particular product.\15\ The
Exchange also highlights that market participants may trade an
exchange's proprietary products through a third-party without directly
or indirectly connecting to the exchange. Further, market participants,
including Market-Makers, may trade the Exchange's products, including
proprietary products, on or off the Exchange's trading floor (i.e., all
products are available both electronically and via open outcry on the
Exchange's trading floor). Indeed, market participants are not
obligated to trade on the Exchange's trading floor and therefore a
market participant, including Market-Makers, can choose to trade a
product electronically instead of on the Exchange's trading floor at
any time and for any reason, including due to an assessment of the
reasonableness of fees charged.
---------------------------------------------------------------------------

    \15\ If an option class is open for trading on another national
securities exchange, the Exchange may delist such option class
immediately. For proprietary products, the Exchange may determine to
not open for trading any additional series in that option class; may
restrict series with open interest to closing transactions, provided
that, opening transactions by Market-Makers executed to accommodate
closing transactions of other market participants and opening
transactions by TPH organizations to facilitate the closing
transactions of public customers executed as crosses pursuant to and
in accordance with Rule 6.74(b) or (d) may be permitted; and may
delist the option class when all series within that class have
expired. See Cboe Rule 4.4, Interpretations and Policies .11.
---------------------------------------------------------------------------

    Additionally, market participants may trade any options product,
including proprietary products, in the unregulated Over-the-Counter
(OTC) markets for which there is no requirement for fees related to
those markets to be public. Given the benefits offered by trading
options on a listed exchange, such as increased market transparency and
heightened contra-party creditworthiness due to the role of the Options
Clearing Corporation as issuer and guarantor, the Exchange generally
seeks to incentivize market participants to trade options on an
exchange, which further constrains fees that an Exchange may assess.
Market participants may also access other exchanges to trade other
similar or competing proprietary or multi-listed products. Alternative
products to the Exchange's proprietary products may include other
options products, including options on ETFs or options futures, as well
as particular ETFs or futures. Particularly, exclusively listed SPX
options (i.e., a proprietary product) may compete with the following
products traded on other markets: multiply-listed SPY options (options
on the ETF), E-mini S&P 500 Options (options on futures), and E-Mini
S&P 500 futures (futures on index). Accordingly, if a market
participant views the Exchange's proprietary product as more or less
attractive than the competition they can switch between similar
products. As such, the Exchange is subject to competition and does not
possess anti-competitive pricing power, even with its offering of
proprietary products such as SPX.
    In connection with a previous proposed amendment to the National
Market System Plan Governing the Consolidated Audit Trail (``CAT NMS
Plan'') \16\, the Commission discussed the existence of competition in
the marketplace generally, and particularly for exchanges with unique
business models. The Commission recognized for example that while some
exchanges may have a unique business model that is not currently
offered by competitors, a competitor could create similar business
models if demand were adequate, and if a competitor did not do so, the
Commission believes it would be likely that new entrants would do so if
the exchange with that unique business model was otherwise
profitable.\17\ Similarly, although the Exchange may have proprietary
products not offered by other competitors, not unlike unique business
models, a competitor could create similar products to an existing
proprietary product if demand were adequate.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 86901 (September 9,
2019), 84 FR 48458 (September 13, 2019) (File No. S7-13-19).
    \17\ Id.
---------------------------------------------------------------------------

    The proposed change is also equitable and not unfairly
discriminatory as it applies to all Market-Makers that trade SPX on the
trading floor uniformly. The Exchange believes it's reasonable
equitable and not unfairly discriminatory to increase the SPX/SPXW
floor Market-Maker Tier Appointment fee and not the SPX/SPXW electronic
Market-Maker Tier Appointment fee, as Floor Market-Makers are not
subject to other costs that electronic Market-Makers are subject to.
For example, while all Floor Market-Makers automatically have an
appointment to trade open outcry in all classes traded on the Exchange
and at no additional cost per appointment, electronic Market-Makers
must select an appointment in a class (such as SPX) to make markets
electronically and such appointments are subject to fees under the
Market-Maker Electronic Appointments Sliding Scale.\18\
---------------------------------------------------------------------------

    \18\ See Cboe Options Rules 5.50(a) and (e). See also Cboe
Options Fees Schedule, Market-Maker EAP Appointments Sliding Scale.

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

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule changes will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed changes
would be applied in the same manner to all Floor Market-Makers that
trade SPX (and/or SPXW). As noted above, the Exchange believes it's
reasonable to increase the SPX/SPWX Tier Appointment Fee for only Floor
Market-Makers only as opposed to electronic Market-Makers, because
electronic Market-Makers are subject to costs Floor Market-Makers are
not, such as the fees under Market-Maker EAP Appointments Sliding
Scale.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed rule changes apply only to a fee relating to a product
exclusively listed on the Exchange. Additionally, the Exchange operates
in a highly competitive market. In addition to Cboe Options, TPHs have
numerous alternative venues that they may participate on (which, as
described above, list products that compete with SPX options) and
direct their order flow, including 15 other options exchanges (four of
which also maintain physical trading floors), as well as off-exchange
venues, where competitive products are available for trading. Based on
publicly available information, no single options exchange has more
than 17% of the market share of executed volume of options trades.\19\
Therefore, no exchange possesses significant pricing power in the
execution of option order flow. Moreover, the Commission has repeatedly
expressed its preference for competition over regulatory intervention
in determining prices, products, and services in the securities
markets. Specifically, in Regulation NMS, 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.'' \20\ The fact that this market is competitive has also
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'. . . .''.\21\ Accordingly, the Exchange does not believe its
proposed changes to the incentive programs impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \19\ See Cboe Global Markets, U.S. Options Market Volume Summary
by Month (November 21, 2022), available at http://markets.cboe.com/us/options/market_share/.
    \20\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \21\ NetCoalition v. SEC, 615 F.3d 525, 539 (DC Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \22\ and paragraph (f) of Rule 19b-4 \23\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2022-060 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-CBOE-2022-060. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2022-060 and should be submitted on
or before January 3, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-26864 Filed 12-9-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Page 23001]
[FR Doc No: 2016-09022]

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

Coast Guard

[Docket No. USCG-2016-0104]

Navigation and Vessel Inspection Circular (NVIC) No. 02-16;
Inspection Guidance for Sail Rigging and Masts on Inspected Sailing
Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of NVIC 02-16. This
Circular provides guidance to vessel owners, riggers, marine surveyors,
other marine service providers, and Coast Guard marine inspectors
regarding inspection of sail rigging, masts, and associated components
for commercial sailing vessels and the use of preventative maintenance
as a good marine practice. It provides guidance for the purpose of
assisting vessel owners and operators, and U.S. Coast Guard personnel
with the inspection and recommended documentation of maintenance for
sail rigging and masts on inspected sailing vessels. It is intended to
enhance consistency with the Coast Guard inspection process for the
commercial sailing fleet.

DATES: NVIC 02-16 is available on April 13, 2016.

ADDRESSES: This NVIC is available at the following Coast Guard Web
site: http://www.uscg.mil/hq/cg5/nvic/.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call LCDR James T. Fogle, Office of Commercial Vessel Compliance, Coast
Guard, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
    Dated: April 13, 2016.
Paul F. Thomas,
USCG, Assistant Commandant for Prevention Policy.
[FR Doc. 2016-09022 Filed 4-18-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Page 77298]
[FR Doc No: 2023-24733]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15319-000]

Jupiter Pumped Storage 1, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On July 12, 2023, Jupiter Pumped Storage 1, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Mineral Run Pumped Storage Project (Mineral Run Project or project) to
be located in Cambria County, Pennsylvania. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed Mineral Run Project would consist of the following:
(1) a new 9,400-foot-long, 85-foot-high rock-filled embankment dike
forming an upper reservoir having a surface area of 120 acres and a
total storage capacity of approximately 9,840 acre-feet at a normal
maximum water surface elevation of 2,282 feet above mean sea level
(msl); (2) a new 15,200-foot-long, 85-foot-high rock-filled embankment
dike forming a lower reservoir having a total storage capacity of
approximately 9,840 acre-feet at a normal maximum water surface
elevation of 2,062 feet msl; (3) a 32-foot-diameter, 100-foot-long
vertical tunnel and a 32-foot-diameter, 4,500-foot-long horizontal
tunnel and/or penstock connecting the upper and lower reservoirs; (4) a
120-foot-wide, 600-foot-long powerhouse containing six reversible
turbine-generator units with a total rated capacity of 208 megawatts;
(5) a new pump station along the eastern bank of Saltlick Run to convey
water through a 1,300-foot-long, 2-foot-diameter steel conduit to the
lower reservoir; (6) a 1.7-mile-long, 230-kilovolt transmission line
connecting the project to an existing substation; and (7) appurtenant
facilities. Initial fill and make-up water for the project would come
from Saltlick Run. The proposed project would have an annual generation
of 607,000 megawatt-hours.
    Applicant Contact: Nate Sandvig, Rye Development, LLC, 830 NE
Holladay Street, Portland, OR 97232; phone:<PHONE_NUMBER>.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-15319-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15319) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: November 2, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-24733 Filed 11-8-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45655-45658]
[FR Doc No: 2019-18235]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2019-0298; FRL-9998-68-OAR]
RIN 2060-AU49

General Provisions: Incorporation by Reference of State Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
direct final action to amend the Approval and Promulgation of State
Plans for Designated Facilities and Pollutants, General Provisions to
clarify the process by which state plans for the control of pollutants
and facilities are incorporated by reference into this part. This
action is intended to update and modify the outdated General Provisions
that note that state plans are incorporated by reference and that
describe the availability of state plans.

DATES: The direct final rule is effective on October 29, 2019, without
further notice, unless the EPA receives significant adverse written
comment by October 15, 2019 on the amendments. If significant adverse
comments are received on the amendments, the EPA will publish a timely
withdrawal in the Federal Register clarifying which provisions will
become effective and which provisions are being withdrawn due to
adverse comment.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0298, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2019-0298 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2019-0298.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2019-0298, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this direct final
action, contact Jodi Howard, Sector Policies and Programs Division
(D205-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2019-0298. All documents in the docket are
listed in Regulations.gov. Although listed, some information is not
publicly available, e.g., Confidential Business Information (CBI) 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. Publicly
available docket materials are available either electronically in
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334,
WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA
Docket Center is<PHONE_NUMBER>.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2019-0298. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov/ or email. This
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email 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, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the

EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0298.
    Organization of this document. The information in this preamble is
organized as follows:

I. Background
II. The Amendments
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act (CRA)

I. Background

    In 1978, the EPA established a new part 62 of Title 40 of the Code
of Federal Regulations, including a subpart A--General Provisions. 43
FR 51393 (November 3, 1978). 40 CFR part 62 relates to the approval and
promulgation of state plans and federal plans under Clean Air Act
sections 111(d) and 129. Emission guidelines for various source
categories are implemented through 40 CFR part 62 via an approved state
plan or a federal plan for each separate source category. The EPA
generally intends to incorporate in part 62, by reference, approved
state plans. The requirements of the General Provisions, together with
the provisions of the state-specific subparts of part 62, reflect that
intention.
    Among other matters, the General Provisions refer to the
Incorporation by Reference (IBR) of state plans, stating generally
that: ``All approved regulatory provisions of each plan are
incorporated by reference in this part.'' 40 CFR 62.02(a). The General
Provisions also address the availability of applicable plans,
indicating that state plans would be available at EPA Headquarters, as
well as at EPA Regional offices at stated addresses. 40 CFR 62.12
(cross-referencing 40 CFR 62.10). These references to EPA locations
are, at least in part, out of date. The address for EPA Headquarters,
for example, is given as the EPA's former location in Southwest
Washington, DC, rather than its current location in Northwest
Washington, DC.
    The Freedom of Information Act generally requires federal agencies
to publish substantive rules in the Federal Register, but also allows
for IBR: Otherwise ``reasonably available'' matter ``is deemed
published in the Federal Register when incorporated by reference
therein with the approval of the Director of the Federal Register.'' 5
U.S.C. 552(a). The Office of the Federal Register (OFR) published
regulations setting out policies and procedures relating to IBR at 1
CFR part 51 and, on several occasions, significantly modified and
amended those procedures. See, for example, 37 FR 23614 (November 4,
1972); 44 FR 19181 (April 2, 1979); 47 FR 34107 (August 6, 1982); and
79 FR 66267 (November 7, 2014).

II. The Amendments

    The original, unamended, 1978 IBR language in 40 CFR part 62 has
not fully kept pace with OFR's evolving policies and procedures on IBR.
In addition, the existing regulations--dating back to 1978--relating to
the availability of approved state plans only reference the physical
availability of the plans at specified EPA locations, and the addresses
for the EPA Headquarters in Washington, DC, as well as some of the
Regional offices, are out of date. The EPA is amending sections 62.02,
62.10, and 62.12 of 40 CFR part 62, subpart A. These amendments will
help to ensure that part 62 state plans or state plan revisions are
appropriately incorporated by reference through the OFR's current IBR
process. As part of that effort, the EPA is amending 40 CFR 62.02(d) to
remove a broad, general statement relating to IBR. The EPA intends to
continue to incorporate state plans by reference, but, going forward,
the EPA intends to use appropriate IBR language in connection with each
individual action relating to the approval of particular state plans,
rather than attempt to rely, in all cases, on a simple statement in the
General Provisions. In addition, we are updating the addresses of the
EPA Region II and IV offices in the table to 40 CFR 62.10. Finally, we
are adding an address for the National Archives and Records
Administration and updating the EPA addresses in 40 CFR 62.12(a), (b),
and (c).

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities

under the RFA. In making this determination, the impact of concern is
any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden, or otherwise has a positive economic effect
on the small entities subject to the rule. This action is
administrative and does not change any requirements for affected
entities. We have, therefore, concluded that this action will have no
net regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action is administrative and does not
change any requirements for affected entities, including tribes. Thus,
Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action is merely administrative.

L. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of agency
organization, procedure, or practice that does not substantially affect
the rights or obligations of non-agency parties.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
and Air pollution control.

    Dated: August 15, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR part
62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 62.02 is amended by revising paragraph (d) to read as
follows:

Sec.  62.02   Introduction.

* * * * *
    (d) Section 62.12 provides information on availability of
applicable plans. The Administrator and state and local agencies shall
enforce
    (1) Regulatory provisions of a plan approved or promulgated by the
Administrator, and
    (2) All permit conditions or denials issued in carrying out the
approved or promulgated regulations for the review of designated
facilities.
* * * * *

0
3. Section 62.10 is amended by:
0
a. Revising the introductory text.
0
b. Revising the table heading entitled ``Region and jurisdiction
covered''.
0
c. Revising the entries ``II--New York, New Jersey, Puerto Rico, Virgin
Islands'', ``IV--Alabama, Florida, Georgia, Mississippi, Kentucky,
North Carolina, South Carolina, Tennessee'', and ``VI--Arkansas,
Louisiana, New Mexico, Oklahoma, Texas''.
    The revisions read as follows:

Sec.  62.10   Submission to the Administrator.

    Except as otherwise provided in Sec.  60.23 of this chapter, all
requests, reports, applications, submittals, and other communications
to the Administrator pursuant to this part shall be submitted in
duplicate and addressed to the appropriate Regional office of the
Environmental Protection Agency.'' The Regional offices are as follows:

                         Table 1 to Sec.   62.10
------------------------------------------------------------------------
        Region and jurisdiction                      Address
------------------------------------------------------------------------

                              * * * * * * *
II--New York, New Jersey, Puerto Rico,   290 Broadway, New York, NY
 Virgin Islands.                          10007-1866.

                              * * * * * * *
IV--Alabama, Florida, Georgia,           61 Forsyth Street SW, Atlanta,
 Mississippi, Kentucky, North Carolina,   GA 30303-3104.
 South Carolina, Tennessee.

                              * * * * * * *
VI--Arkansas, Louisiana, New Mexico,     1201 Elm Street, Suite 500,
 Oklahoma, Texas.                         Dallas, TX 75270.

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

0
3. Section 62.12 is amended by revising paragraphs (a) and (b) to read
as follows:

Sec.  62.12   Availability of applicable plans.

* * * * *
    (a) EPA Docket Center, Room 3334, WJC West Building, 1301
Constitution Avenue NW, Washington, DC.
    (b) The applicable EPA Regional office, at the address listed in
Sec.  62.10.

[FR Doc. 2019-18235 Filed 8-29-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31063-31064]
[FR Doc No: 2019-13727]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9045-5]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/ nepa/.

Weekly receipt of Environmental Impact Statements
Filed 06/17/2019 Through 06/21/2019
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20190139, Draft, FERC, NY, Mineville Energy Storage Project,
Comment Period Ends: 08/12/2019, Contact: Office of External Affairs
866-208-3372
EIS No. 20190140, Draft, NRCS, RI, Pocasset River Watershed Plan and
EIS, Comment Period Ends: 08/12/2019, Contact: Alan Gillespie 401-822-
8812
EIS No. 20190141, Draft, BLM, CO, Domestic Sheep Grazing Permit
Renewals, Comment Period Ends: 08/12/2019, Contact: Kristi Murphy 970-
642-4955
EIS No. 20190142, Revised Draft, USFS, CA, Sequoia and Sierra National
Forests Land Management Plans Revision, Comment Period Ends: 09/26/
2019, Contact: Laura Hierholzer<PHONE_NUMBER>
EIS No. 20190143, Final, NPS, CO, Great Sand Dunes National Park and
Preserve Ungulate Management Plan Abbreviated Final EIS, Review Period
Ends: 07/29/2019, Contact: Pam Rice<PHONE_NUMBER>
EIS No. 20190144, Final, FHWA, ND, Little Missouri River Crossing,
Review Period Ends: 07/29/2019, Contact: Gary Goff<PHONE_NUMBER>
EIS No. 20190145, Final, BLM, CO, Uncompahgre Field Office Proposed
Resource Management Plan and Final Environmental Impact Statement,
Review Period Ends: 07/29/2019, Contact: Matthew Loscalzo<PHONE_NUMBER>
EIS No. 20190146, Final, VA, CA, Final Programmatic Environmental
Impact Statement and National Historic Preservation Act Section 106
Consultation: West Los Angeles Medical Center Campus Proposed Master
Plan for Improvements and Reconfiguration, Review Period Ends: 07/29/
2019, Contact: Glenn Elliott<PHONE_NUMBER>

Amended Notice

EIS No. 20190081, Draft, USACE, IL, Draft Chicago Area Waterway System
Dredged Material Management Plan, Comment Period Ends: 08/01/2019,
Contact: Mike Padilla<PHONE_NUMBER> Revision to FR Notice Published 06/
07/2019; Extending the Comment Period from 07/02/2019 to 08/01/2019.
EIS No. 20190138, Draft, FERC, CA, Bucks Creek Hydropower Project,
Comment Period Ends: 08/13/2019, Contact: Office of External Affairs
866-208-3372 Revision to FR Notice Published 06/21/2019; Extending the
Comment Period from 08/05/2019 to 08/13/2019.

    Dated: June 24, 2019.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2019-13727 Filed 6-27-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Page 34733]
[FR Doc No: 2021-13935]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

June 23, 2021.

Tumbleweed Solar LLC...................  [EG21-99-000
PGR 2020 Lessee 8, LLC.................  EG21-100-000
Sugar Solar, LLC.......................  EG21-101-000
BigBeau Solar, LLC.....................  EG21-102-000
Valley Center ESS, LLC.................  EG21-103-000
Crystal Lake Wind Energy III, LLC......  EG21-104-000
Elara Energy Project, LLC..............  EG21-105-000
Taygete Energy Project II, LLC.........  EG21-106-000
Citadel Solar, LLC.....................  EG21-107-000
Assembly Solar II, LLC.................  EG21-108-000
Shaw Creek Solar, LLC..................  EG21-109-000
Swoose LLC.............................  EG21-110-000
Flower Valley LLC......................  EG21-111-000
Maverick Solar 6, LLC..................  EG21-112-000
Samson Solar Energy LLC................  EG21-113-000
Hawtree Creek Farm Solar, LLC..........  EG21-114-000
Maverick Solar 7, LLC..................  EG21-115-000
Diablo Energy Storage, LLC.............  EG21-116-000
Azure Sky Solar Project, LLC...........  EG21-117-000
Sky River Wind, LLC....................  EG21-118-000]

    Take notice that during the month of May 2021, the status of the
above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR 366.7(a)
(2020).

    Dated: June 23, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-13935 Filed 6-29-21; 8:45 am]
BILLING CODE 6717-01-P