[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28170-28173]
[FR Doc No: 2013-11233]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0080]
RIN 1625-AA11

Regulated Navigation Area; Southern Oahu Tsunami Vessel
Evacuation; Honolulu, HI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a permanent regulated navigation area
(RNA), enforcement of which would take place only during times when a
tsunami warning is issued for the Hawaiian Islands by the Pacific
Tsunami Warning Center. Tsunami warnings require the evacuation of a
large number of vessels from their respective harbors. Following the
evacuation, these vessels must remain offshore until the emergency
situation has passed and the harbors have been deemed safe for re-
entry. Past tsunami warnings have created potentially dangerous
offshore traffic congestion between commercial and recreational vessel
traffic. Because of this, designated vessel traffic staging areas are
necessary for a safe and orderly evacuation of Southern Oahu ports.

DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0080 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Commander Scott Whaley of the United States
Coast Guard Sector Honolulu at<PHONE_NUMBER> ext.352 or
<EMAIL_ADDRESS>respectively. If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to respond to this notice by submitting comments
and related materials. All comments received will be posted without
change to http://www.regulations.gov and will include any personal
information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission. To submit your
comment online, go to http://www.regulations.gov, type the docket
number USCG-2012-0080 in the ``SEARCH'' box, and then click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
inserting USCG-2012-0080 in the ``SEARCH'' box, and then click
``SEARCH.'' You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain in detail why you believe a public meeting
would be beneficial. If we determine that one would aid in solving this
problem, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Basis and Purpose

    The statutory basis for this rulemaking is 33 U.S.C. 1231, which
gives the Coast Guard, under a delegation from the Secretary of
Homeland Security, regulatory authority to enforce the Ports and
Waterways Safety Act. A regulated navigation area is a water area
within a defined boundary for which regulations for

vessels navigating within the area have been established to mitigate
hazardous conditions deemed to exist in that area. The purpose of this
rulemaking is to provide greater safety for vessels and maritime
commerce in the event of a tsunami threat.
    Earthquakes off Chile and Japan in February 2010 and March 2011,
respectively, resulted in tsunami threats to the Main Hawaiian Islands.
These incidents emphasized the need to establish heightened safety
measures, to ensure an orderly and organized evacuation plan, in order
to protect the infrastructure of the southern coast of Oahu, Hawaii,
including Honolulu Harbor. Honolulu Harbor has only one entrance for
large commercial vessels and is the principle harbor of Hawaii's hub
and spoke maritime commerce system. If, during an emergency, a marine
incident were to occur off the southern shore of Oahu, especially near
the entrance of Honolulu Harbor, the results could be devastating to
Hawaii's economy and the maritime commerce system and the
constituencies that rely heavily upon the system's viability.

C. Discussion of Proposed Rule

    In response to this risk, the Coast Guard proposes to establish a
regulated navigation area designated as the Southern Oahu Tsunami
Evacuation zone.
    The Coast Guard has collaborated with the Hawaii Ocean Safety Team,
the Industry Advisory Board, and other industry partners in the
development of this rule. All recommendations have received careful
consideration during the drafting of this rule. This rule accurately
reflects the best practices as recommended by Hawaii's professional
mariners.
    In the event of a tsunami warning, the Coast Guard Captain of the
Port for Honolulu (COTP) would notify the public that an enforcement
period is in effect for the duration of the emergency for this RNA. At
the conclusion of the treat, the COTP would notify the public when the
RNA enforcement period is suspended or terminated.
    During the enforcement period, the COTP would deploy Coast Guard
assets to ensure participating commercial and recreational vessels move
to and stay within separate staging areas, and seaward of the 50 fathom
curve that covers near-shore waters less than 300 feet deep. Coast
Guard plans, which could vary depending on specific conditions during
an actual emergency, call for those staging areas to be separated by an
exclusionary area. This exclusionary area would measure 3.7 nautical
miles long by one (1) nautical mile wide, centering lengthwise and
along a line running seaward at 208 degrees southwest of the Honolulu
Harbor Range light. Commercial vessels would have to stay west of the
exclusionary area, and recreational vessels would have to stay east of
the exclusionary area.
    A graphic of the regulated navigation area is in the docket (see
the ``Viewing comments and documents'' section of this NPRM). It shows
how we expect to separate commercial and recreational vessels when we
would enforce the RNA, but under actual enforcement conditions local
commanders could make alternate arrangements as those conditions
warrant.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
because it would have an effect on the regulated public only in the
rare circumstances of a tsunami threat, while at other times vessels
will be able to transit the area freely. Therefore, it does not require
an assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities because it would have an effect on the regulated public
only in the rare circumstances of a tsunami threat, while at other
times vessels will be able to transit the area freely.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it. Before the
effective period, we will issue maritime advisories widely available to
the Oahu maritime, commercial, and tourist communities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Commander Scott
Whaley, Waterways Management Division, U.S. Coast Guard Sector
Honolulu, at<PHONE_NUMBER> ext. 352, or at<EMAIL_ADDRESS>via
email. If you wish to comment on actions by employees of the Coast
Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the

aggregate, or by the private sector of $100,000,000 or more in any one
year. Though this proposed rule would not result in such expenditure,
we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Heath Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. An action is a ``significant energy action''
under E.O. 13211 if the action is (1) an agency action, (2) which is or
will lead to a final rule, and is either (3a) a ``significant
regulatory action'' under Executive Order 12866 AND is likely to have a
significant adverse effect on the supply, distribution, or use of
energy OR (3b) has been designated a ``significant energy action by the
Administrator of the Office of Information and Regulatory Affairs. We
have determined that it is not a ``significant energy action'' under
that order because it is not a ``significant regulatory action'' under
Executive Order 12866 and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Further, the
Administrator of the Office of Information and Regulatory Affairs has
not designated this as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272) directs agencies to use voluntary consensus standards in
their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded from further review under paragraph (34)(g) of Figure 2-1 of
the Commandant Instruction. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.1413 to read as follows:

Sec.  165.1413  Regulated navigation area; Southern Oahu Tsunami
Evacuation; Honolulu, Hawaii.

    (a) Location. The following area is a regulated navigation area
(RNA): All waters contained within an area composing of an area on the
southern side of Oahu, HI. The RNA extends from the surface of the
water to the ocean floor and is bound by the following points:
21[deg]17'14'' N, 157[deg]55'34'' W, 21[deg]13'30'' N, 157[deg]55'34''
W; 21[deg]13'30'' N, 157[deg]48'20'' W; 21[deg]15'10'' N,
157[deg]48'20'' W thence westward along the 50 fathom curve to the
beginning point. These coordinates are based upon the National Oceanic
and Atmospheric Administration Coast Survey, Pacific Ocean, Oahu,
Hawaii, chart 19357.
    (b) Regulations. You may contact the Coast Guard on VHF Channel 16
(156.800 MHz) or at telephone number<PHONE_NUMBER>, to obtain
clarification on RNA transits and locations. Coast Guard patrol boats
will be enforcing the RNA and providing on-scene direction. During the
enforcement period persons and vessels wishing to remain inside the RNA
must abide by the following stipulations:
    (1) No person or vessel may enter into an exclusionary area 3.7
nautical miles long by one (1) nautical miles wide, centered lengthwise
and along a line running seaward at 208 degrees southwest of Honolulu
Harbor Front Range Light, except to transit to or from the staging
areas or other areas outside the zone. Loitering or lingering in the
exclusionary zone is prohibited.
    (2) All recreational vessels wishing to remain in the RNA must
transit to and stage east of the exclusionary area, while all
commercial vessels wishing to remain in the RNA must transit to and
stage west of the exclusionary area.
    (3) All vessels staging in the RNA must be seaward of the 50 fathom
(300 foot) curve.
    (c) Enforcement period. Paragraph (b) of this section will be
enforced only when a tsunami warning has been issued for the Hawaiian
Islands by the Pacific Tsunami Warning Center. The COTP will notify the
public of any enforcement, suspension of enforcement, or termination of

enforcement through appropriate means to ensure the widest publicity,
including the use of broadcast notice to mariners, Notices of
implementation, and press releases.
    (d) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: April 16, 2013.
C.W. Ray,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 2013-11233 Filed 5-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38389-38391]
[FR Doc No: 2021-15340]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92405; File No. SR-NYSEArca-2021-56]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Listing Fee Schedule

July 14, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 30, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 NYSE Arca Equities listing fee
schedule to modify the initial listing fees for equity securities and
warrants and adopt fee provisions specific to groups of three or more
listed REITs under common control. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
Initial Listing Fees
    NYSE Arca charges initial listing fees for the listing of common
stock, preferred stock and warrants of operating companies based on the
number of shares of the issuer outstanding at the time of initial
listing (or, in the case of listed foreign private issuers, the number
of shares outstanding in the United States), based on the following
current schedule:

Up to and including 30 million shares outstanding--$100,000
More than 30 million shares outstanding up to and including 50 million
shares outstanding--$125,000
More than 50 million shares outstanding--$150,000

    The Exchange proposes to reduce the initial fee levels to the
following:

Up to and including 30 million shares outstanding--$55,000
More than 30 million shares outstanding up to and including 50 million
shares outstanding--$60,000
More than 50 million shares outstanding--$75,000

    The Exchange believes that these proposed fee levels are more
consistent

with its actual costs in processing listing applications than those
charged under the current fee schedule.
REIT Group Fee Discount
    The Exchange proposes to provide group discounts for listings of
common stock, preferred stock and warrants where three or more real
estate investment trusts (``REITs'') are listed on the Exchange and are
externally managed by the same entity or entities under common control.
    Initial Listing Fee Discount: As proposed, if substantially all of
the operations of three or more REITs that list in the same calendar
year are externally managed by the same entity or by entities under
common control, the initial listing fees payable by such REITs will be
capped at an aggregate of $165,000 (the ``REIT Group Cap''), to be
divided among such issuers in proportion to the shares they list at the
time of initial listing. The applicability of the REIT Group Cap to
REITs listed during a calendar year will be determined at the end of
such calendar year. If a REIT is entitled to a reduced listing fee
under the REIT Group Cap, such REIT will be entitled to receive a
credit against the following calendar year's annual fee and, where
applicable, annual fees payable in subsequent calendar years.
    Annual Fee Discount: As proposed, if substantially all of the
operations of each of a group of three or more listed REITs are
externally managed by the same entity or by entities under common
control, each REIT in the group will receive a 50% discount on the
applicable Annual Fees in relation to any year or portion of a year for
which the common management relationship continues in existence.\4\
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    \4\ The following is the Annual Fee schedule for common stock
and preferred stock:
    Up to and including 10 million shares--$30,000
    More than 10 million shares up to and including 100 million
shares--$30,000 plus $0.000375 per share above 10 million
    More than 100 million shares--$85,0000
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    A limited number of publicly traded REITs have their operations
externally managed by another entity pursuant to a management
agreement. Typically, the REIT itself does not have any direct
employees. Rather, the external manager is entirely responsible for
managing and staffing the operations of the company, in return for
management fees and the reimbursement of expenses as set forth in the
management agreement. In a limited number of cases, a single entity or
affiliated entities may externally manage more than one REIT. As an
incentive for all the REITs in such a group to list on the Exchange and
to reflect the efficiencies described below, the Exchange believes that
it is appropriate to offer a group discount on initial listing fees and
annual fees when there are at least three REITs under common
management.
    The Exchange believes that the proposed initial and annual fee
discounts for a group of three or more REITs that are under common
control is equitable and is not unfairly discriminatory, as there are
meaningful efficiencies for the Exchange in dealing with the same
external management team for multiple REITs. The resources the Exchange
expects to expend when dealing with a single external manager in
processing the new listing of multiple REITs in a single calendar year
or with respect to the ongoing client service and compliance review of
multiple REITS under common control are significantly less than would
be the case for a REIT that is not part of such a group, so the
Exchange believes the proposed discount is appropriate.
    The Exchange notes that the New York Stock Exchange provides an
annual fee discount for REITs that are externally managed by the same
entity or by entities under common control.\5\
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    \5\ See Section 902.03A of the NYSE Listed Company Manual.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(4) \7\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\8\ in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange operates in a highly competitive marketplace for the
listing of equity securities. The Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
    The Exchange believes that the ever shifting market share among the
exchanges with respect to new listings and the transfer of existing
listings between competitor exchanges demonstrates that issuers can
choose different listing markets in response to fee changes.
Accordingly, competitive forces constrain exchange listing fees. Stated
otherwise, changes to exchange listing fees can have a direct effect on
the ability of an exchange to compete for new listings and retain
existing listings.
    The Exchange believes that the proposed modification to the initial
listing fee schedule is equitable and is not unfairly discriminatory as
it will be applied to all listing applicants in a consistent and
transparent manner and is being proposed for the purpose of aligning
initial listing fees more closely with the Exchange's actual costs in
processing new listings.
    The Exchange believes that the proposed initial and annual fee
discounts for a group of three or more REITs that are under common
control is equitable and is not unfairly discriminatory, as there are
meaningful efficiencies for the Exchange in dealing with the same
external management team for multiple REITs. The resources the Exchange
expects to expend when dealing with a single external manager in
processing the new listing multiple REITs in a single calendar year or
with respect to the ongoing client service and compliance review of
multiple REITS under common control are significantly less than would
be the case for a REIT that is not part of such a group, so the
Exchange believes the proposed discount is appropriate.
    The Exchange does not expect the proposed rule changes would affect
the Exchange's commitment of resources to its regulatory programs.

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.
    Intramarket Competition: All operating companies listing on the
Exchange will be eligible to avail themselves of the proposed modified
initial fee schedule. Therefore, the Exchange does not believe that the
proposed changes to the initial listing fee schedule will have any
meaningful effect on the competition among issuers listed on the
Exchange. The purpose of the proposed group discount for REITs under
common external management is

recognize the significant efficiencies the Exchange experiences in
dealing with a common manager for multiple issuers. As only a small
percentage of listed companies are expected to qualify for the proposed
discount, the Exchange does not believe that it will have any
meaningful effect on the competition among issuers listed on the
Exchange.
    Intermarket Competition: The Exchange operates in a highly
competitive market in which issuers can readily choose to list new
securities on other exchanges and transfer listings to other exchanges
if they deem fee levels at those other venues to be more favorable.
Because competitors are free to modify their own fees in response, and
because issuers may change their listing venue, the Exchange does not
believe its proposed fee changes can impose any burden on intermarket
competition.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NYSEArca-2021-56 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 No. NYSEArca-2021-56. 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 No. NYSEArca-2021-56, and should be submitted on
or before August 10, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15340 Filed 7-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61585-61586]
[FR Doc No: 2012-24820]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2531-067]

FPL Energy Maine Hydro LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document (PAD), Commencement of
Pre-Filing Process, and Scoping; Request for Comments On the PAD and
Scoping Document, and Identification of Issues and Associated Study
Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 2531-067.
    c. Dated Filed: August 10, 2012.
    d. Submitted By: FPL Energy Maine Hydro LLC (FPL Energy).
    e. Name of Project: West Buxton Hydroelectric Project.
    f. Location: On the Saco River in the towns of Buxton, Hollis, and
Standish, within York and Cumberland Counties, Maine. The project does
not occupy United States lands.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Frank Dunlap, Senior Environmental
Specialist, NextEra Energy Resources, 26 Katherine Drive, Hallowell, ME
04347;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Allan Creamer at<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(1) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR part 402; and (2) the State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating FPL Energy as the
Commission's non-federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. FPL Energy filed with the Commission a Pre-Application Document
(PAD; including a proposed process plan and schedule), pursuant to 18
CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room, or may be viewed on the Commission's Web
site (http://www.ferc.gov) using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission staff's Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, as well as study requests should be
sent to the address above in paragraph h. In addition, all comments on
the PAD and SD1, study requests, requests for cooperating agency
status, and all communications to and from Commission staff related to
the merits of the potential application must be filed with the
Commission. Documents may be filed electronically via the Internet. See
18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    All filings with the Commission must include on the first page, the
project name (West Buxton Hydroelectric Project and number (P-2531-
067), and bear the appropriate heading: ``Comments on Pre-Application
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,''
``Request for Cooperating Agency Status,'' or ``Communications to and
from Commission Staff.'' Any individual or entity interested in
submitting study requests, commenting on the PAD or SD1, and any agency
requesting cooperating status must do so by December 8, 2012.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Friday, November 2, 2012.
    Time: 9:00 a.m.
    Location: NextEra Energy Resources Offices, 26 Katherine Drive,
Hallowell, ME 04347.
    Phone:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date: Thursday, November 1, 2012.
    Time: 7:00 p.m.
    Location: Buxton Town Office, 185 Portland Road, Buxton, ME.
    Phone:<PHONE_NUMBER>.

    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list. Copies of SD1 will be available at the
scoping meetings, or may be viewed on the Web at http://www.ferc.gov,
using the ``eLibrary'' link. Follow the directions for accessing
information in paragraph n. Based on all oral and written comments, a
Scoping Document 2 (SD2) may be issued. SD2 may include a revised
process plan and schedule, as well as a list of issues, identified
through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review of the project on Thursday, November 1, 2012,
starting at 2:00 p.m. All participants should meet at NextEra Energy's
Saco River Maintenance Facility, located at 3 Company Road, Hollis, ME
04042. All participants are responsible for their own transportation.
Anyone with questions about the site visit should contact Mr. Frank
Dunlap of NextEra Energy at<PHONE_NUMBER> on or before October 24,
2012.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer. The transcripts
will be placed in the public record for the project.

    Dated: October 1, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24820 Filed 10-9-12; 8:45 am]
BILLING CODE 6717-01-P