August 18, 2015

MEMORANDUM

SUBJECT:	GEM new release (GEM P2v1.1) and known issues and workarounds for GEM P2v1.0)

FROM:	Houshun Zhang, OTAQ/TATD

TO:	Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2 - EPA-HQ-OAR-2014-0827

The GEM being released under this memo is GEM P2v1.1, which includes all bugs and issues fixed and addressed found in GEM P2v1.0.  For this release, two versions of GEM will be released to the public.  The first one is the one that can be down loaded from the EPA website at http://www.epa.gov/otaq/climate/gem.htm, while the second version is the source code that is used to generate the executable code.  Since nothing has been changed in Matlab/Simulink source code that affects stringency runs in this new release and users can make any changes they want with this type of source code, we will not continue to release the Matlab/Simulink version to users at this time, but users can still use the Matlab/Simulink version for their our purposes if they prefer.

This memo is also a collection of known issues that affect the released versions of GEM P2v1.0 associated with the NPRM.  "Errors" refer to GEM crashes, "Issues" are problems that cause incorrect simulation results but do not result in crashes.

In this memo, GEM_P2v1.0 is the version we released to public through the EPA website and GEM_P2v1.0s  was released later to expert users on July 13, 2015.

It is highly recommended that users read readme.txt before running GEM, since some new features that are added into this version show how to make the GEM run more efficiently.

GEM_P2v1.0s Error:
      Undefined variable "enum_transmission_gear_select" or function "enum_transmission_gear_select.autoshift3".

Workaround:
      1) in 'REVS_Common\datatypes\'
          copy 'enum_transmission_control_type.m' to 'enum_transmission_gear_select.m'
      2) edit 'enum_transmission_gear_select.m' and change
      classdef enum_transmission_control_type < Simulink.IntEnumType
          to
      classdef enum_transmission_gear_select < Simulink.IntEnumType
      4) edit 'REVS_Common\calcs_transmission.m' and add
          transmission_control_type = transmission_gear_select;
          at line 3.
      5) save the changed files.

Notes:
	This error was the result of releasing a mix of old and new code.  This error affects only GEM_P2v1.0s (power user release).

Resolution:
      GEM_P2v1.1 contains updated source code that only uses transmission_gear_select  and enum_transmission_gear_select, transmission_control_type and enum_transmission_control_type have been removed.

GEM_P2v1.0 and GEM_P2v1.0s Error:
	Reference to non-existent field `calcs'.
	Error in => GEM_main.m at line 251

Workaround:
	In GEM_gen_tractor.m, at line 48 (after "calcs_transmission;") add

      if (transmission_type == enum_transmission_type.automatic)
      	transmission.torque_converter = calcs_torque_converter(transmission.torque_converter, config.verbose);
      end

Notes:
	Due to this bug, Tractor-trailers with automatic transmission cannot be simulated due to the lack of torque converter calculations.  This bug affects GEM_P2v1.0 and GEM_P2v1.0s.

Resolution:
      GEM_P2v1.1 implements the workaround mentioned above.

GEM_P2v1.0 and GEM_P2v1.0s Issue:
	Transmission input losses are incorrectly calculated for manual transmission Vocational vehicles.

Workaround:
	Delete line 110 of GEM_gen_voc_transmission:
		transmission.gear.input_torque_loss_Nm.table	= [0 17  19	22	25	28];

Notes:
	The losses from line 110 apply to HHD_R vehicles, other manual transmission vehicles should have those losses divided by 3.73, as intended on line 103.  This bug affects GEM_P2v1.0 and GEM_P2v1.0s

Resolution:
      GEM_P2v1.1 implements the workaround mentioned above.

GEM_P2v1.0 and GEM_P2v1.0s Issue:
	Incorrect handling of manual transmission gear efficiency for 1:1 ratios.

Workaround:
	In GEM_gen_voc_transmission.m, correct line 118 from:
		transmission.gear.efficiency_norm.table = (transmission.gear.number == 1.0) * 0.02 + 0.96;
		to
		transmission.gear.efficiency_norm.table = (transmission.gear.ratio == 1.0) * 0.02 + 0.96;

	In GEM_gen_trac_transmission.m, correct line 115 from:
		transmission.gear.efficiency_norm.table = (transmission.gear.number == 1.0) * 0.02 + 0.96;
		to
		transmission.gear.efficiency_norm.table = (transmission.gear.ratio == 1.0) * 0.02 + 0.96;

Notes:
	This bug affects manual transmission vehicles in GEM_P2v1.0 and GEM_P2v1.0s.

Resolution:
      GEM_P2v1.1 implements the workaround mentioned above.

GEM_P2v1.0 Error:
	Invalid file identifier.  Use fopen to generate a valid file identifier.
	Error in => GEM_main.m at line 80

Workaround:
	Make sure the input .csvs are in a folder where the user has read/write privileges, or run GEM with administrator rights.

Notes:
	Mostly seems to affect GEM_P2v1.0 depending on how it was installed and where the sample files are located.

Resolution:
	Added troubleshooting hints to GEM error messages.

GEM_P2v1.0 Error:
	Unable to read file `XXXX\YYYY\run_TRL1_output.mat': so such file or directory.
      Error in => GEM_main.m at line 251

Workaround:
	Reboot computer.

Notes:
	There has only been one reported case of this error, the simulation ran and tried to open the ouptut .mat file but there was a file system error of some kind.  Rebooting the laptop seemed to fix it.  The error was present for all regulatory categories.

GEM_P2v1.0 Error:
	Attempted to access result.phase_NV_ratio(2); index out of bounds because numel(result.phase_NV_ratio)=1.
	Error in => GEM_main.m at line 251

Workaround:
	Make sure the engine motoring torque curve is non-zero and negative.  Engine drag is required to downspeed the engine during upshifts.  Without engine drag the shift will not complete.

Notes:
	Affects GEM_P2v1.0 and GEM_P2v1.0s.  Shouldn't be a problem for certification if proper test procedures are followed and real data is provided.  Should probably run some kind of error check on the motoring torque, though.

Resolution:
	Changed upper limit of motoring torque curve values from 0 to -0.1 in GEM_P2v1.1, but may need upper limit that varies with engine speed.

GEM_P2v1.0 and GEM_P2v1.0s Issue:
	Late downshift after losing speed on cruise cycles with high grade and vehicles with low torque to weight ratios.

Workaround:
	None, needs to be addressed as a calibration change to the shift schedule.

Notes:
	Several solutions are available, we just need to pick one and implement it for the FRM.

GEM_P2v1.0 and GEM_P2v1.0s  Error:
	Processing "..\XXXXX\yyyy.csv"
	Unable to Create Output File
	--- Simulation Aborted! ---

Workaround:
	If you are re-running a previous file, make sure the old `yyyy_results.csv' file is not open in another program like Excel or WordPad, for example.

Notes:
	Affects GEM_P2v1.0 and GEM_P2v1.0s.  Possibly we should include troubleshooting hints in the GEM dialog for common errors like this one.

Resolution:
	Added troubleshooting hints for this error.

GEM_P2v1.0 Issue:
	When launching GEM.exe, a dialog box with the following error appears:
	There is no disk in the drive.  Please insert a disk into drive \Device\Harddisk3\DR3.

Workaround:
	Choose "Cancel","Try Again" or "Continue" or close the dialog box.  GEM should continue without further errors.

Notes:
	My installation of GEM was done remotely by a network connection in order to have admin rights, so maybe something about that install process created this strange issue.

GEM_P2v1.0 and GEM_P2v1.0s Error:
      GEM will issue an error when Crr is lower than 4.2 and higher than 8.5

Workaround:
      None because this upper and lower bound is pre-specified by the agency

Notes:
      The lower and upper bounds will be further extended to 3.5 and 10.7 in the final GEM

Resolution:
	Lower and upper bounds for Crr are now in the range between 3.5 and 10.7 in GEM_P2v1.1

GEM_P2v1.0 Error:
	Inner matrix dimensions must agree.
	Error in => GEM_main.m at line 245

Workaround:
	Check the Engine Full Load Torque Curve and make sure the last point is zero torque at maximum speed or add such a point if it does not exist.

Notes:
	Need to check whether the code enforces zero torque endpoints or whether they are specified by the regs or test procedure.

Resolution:
	Added code to enforce zero torque end point on the full load torque curve.

GEM_P2v1.0 and GEM_P2v1.0s Error:
      GEM will issue an error when aero bin input is lower than 4.1

Workaround:
      None because this upper and lower bound is pre-specified by the agency

Notes:
      The lower bound will be further extended to 3.8 in the final GEM

Resolution:
	Lower bound for CdA reduced to 3.8 in GEM_P2v1.1
GEM_P2v1.0 and GEM_P2v1.0s Error:
      GEM will issue an error when gear ratio is higher than 25

Workaround:
      None because this upper and lower bound is pre-specified by the agency

Notes:
      The higher bound will be further extended to 27 in the final GEM

Resolution:
	Higher bound for gear ratio increased to 27 in GEM_P2v1.1

GEM_P2v1.0 and GEM_P2v1.0s Issue:
	Torque converter unlock at highway speeds.

Workaround:
	None, needs to be addressed as a calibration change.

Notes:
	Original unlock schedule was based on production data obtained from an OEM.

Resolution:
	Unlock schedule has been modified in GEM_P2v1.1.


[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41366-41370]
[FR Doc No: 2022-14755]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95201; File No. SR-NYSEArca-2022-37]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Amend the NYSE
Arca Options Proprietary Market Data Fee Schedule

July 6, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\

notice is hereby given that, on June 23, 2022, NYSE Arca, Inc. (``NYSE
Arca'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Arca Options Proprietary
Market Data Fee Schedule (``Fee Schedule'') to adopt fees for the NYSE
Options Open-Close Volume Summary market data product, effective July
11, 2022. 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
    The Exchange proposes to amend the Fee Schedule to adopt fees for
the NYSE Options Open-Close Volume Summary,\4\ which will be available
for purchase by any market participant, i.e., members \5\ and non-
members. The Exchange proposes to implement fees for the NYSE Options
Open-Close Volume Summary market data product on July 11, 2022.\6\ The
proposed fees would be applied equally to all market participants and
all market participants would receive the same information in the data
feed.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 93132 (September 27,
2021), 86 FR 54499 (October 1, 2021) (SR-NYSEArca-2021-82) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change to
Adopt a New Historical Market Data Product to Be Known as the NYSE
Options Open-Close Volume Summary) (``Product Filing'').
    \5\ Members of the Exchange are OTP Firms, OTP Holders and ETP
Holders.
    \6\ The Exchange has announced that it will begin migrating
Exchange-listed options to the Pillar technology platform on July
11, 2022, available here: https://www.nyse.com/trader-update/history#110000421498.
---------------------------------------------------------------------------

Background
    By way of background, pursuant to the Product Filing, the Exchange
adopted two versions of the NYSE Options Open-Close Volume Summary: an
End of Day Volume Summary market data product and an Intra-Day Volume
Summary market data product. The Exchange initially introduced the End
of Day Volume Summary market data product on March 1, 2022 and adopted
fees for the End of Day Volume Summary market data product.\7\ The
purpose of this filing is to adopt fees for the Intra-Day Volume
Summary market data product.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 94336 (March 1,
2022), 87 FR 12752 (March 7, 2022) (SR-NYSEArca-2022-09) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the NYSE Arca Options Proprietary Market Data Fee Schedule).
---------------------------------------------------------------------------

    The Intra-Day Volume Summary provides a volume summary of trading
activity on the Exchange at the option level by origin (Customer,
Professional Customer, Firm, Broker-Dealer, and Market Maker \8\), side
of the market (buy or sell), contract volume, and transaction type
(opening or closing). The Customer, Professional Customer, Firm,
Broker-Dealer, and Market Maker volume is further broken down into
trade size buckets (less than 100 contracts, 100-199 contracts, greater
than 199 contracts). The Intra-Day Volume Summary provides similar
information to that of the End of Day Volume Summary but is produced
and updated every 10 minutes during the trading day. The data is
captured in ``snapshots'' taken every 10 minutes throughout the trading
day and will be available to subscribers within five minutes of the
conclusion of each 10-minute period. Each update would represent
combined data captured from the current ``snapshot'' and all previous
``snapshots'' and thus would provide open-close data on an aggregate
basis.
---------------------------------------------------------------------------

    \8\ The terms Customer, Professional Customer, Firm and Market
Maker are defined in Rule 1.1, Definitions.
---------------------------------------------------------------------------

    The NYSE Options Open-Close Volume Summary is proprietary Exchange
trade data and does not include trade data from any other exchange. It
is also a historical data product and not a real-time data feed.
    The Exchange anticipates a wide variety of market participants to
purchase the Intra-Day Volume Summary data product, including, but not
limited to, individual customers, buy-side investors, and investment
banks. The Exchange believes the Intra-Day Volume Summary would provide
subscribers data that should enhance their ability to analyze options
trade and volume data, and to create and test trading models and
analytical strategies. The Exchange believes the Intra-Day Volume
Summary will be a valuable tool that subscribers can use to gain
comprehensive insight into the trading activity in a particular options
series. The Intra-Day Volume Summary is a completely voluntary product,
in that the Exchange is not required by any rule or regulation to make
this data available and that potential subscribers may purchase it only
if they voluntarily choose to do so. The Exchange notes that other
exchanges offer a similar product.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release Nos. 89497 (August 6,
2020), 85 FR 48747 (August 12, 2020) (SR-CboeBZX-2020-059); 89498
(August 6, 2020), 85 FR 48735 (August 12, 2020) (SR-Cboe-EDGX-2020-
36); 89496 (August 6, 2020), 85 FR 48743 (August 12, 2020) (SR-C2-
2020-010); 89586 (August 17, 2020), 85 FR 51833 (August 21, 2020)
(SR-C2-2020-012); 62887 (September 10, 2010), 75 FR 57092 (September
17, 2010) (SR-Phlx-2010-121); 65587 (October 18, 2011), 76 FR 65765
(October 24, 2011) (SR-NASDAQ-2011-144); 61317 (January 8, 2010), 75
FR 2915 (January 19, 2010) (SR-ISE-2009-103); 81632 (September 15,
2017), 82 FR 44235 (September 21, 2017) (SR-GEMX-2017-42); 91963
(May 21, 2021), 86 FR 28662 (May 27, 2021) (SR-EMERALD-2021-18);
91964 (May 21, 2012), 86 FR 28667 (May 27, 2021) (SR-PEARL-2021-24);
and 91965 (May 21, 2021), 86 FR 28665 (May 27, 2021) (SR-MIAX-2021-
18).
---------------------------------------------------------------------------

    The Intra-Day Volume Summary is subject to direct competition from
similar end of day options trading summaries offered by other options
exchanges.\10\ All of these exchanges offer essentially the same intra
day options trading summary information. The options trading summary
files offered by the Exchange's competitors are substitutes, not
complements. The Intra-Day Volume Summary provides data on options
market activity which can be used to infer longer-term trends. The
information provided by one exchange is generally similar to that
provided by other exchanges because order flow can move from one
exchange to another, and market sentiment trends that appear on one
exchange are likely to be similar to the sentiment trends on other
exchanges. The key differentiator in the quality of the data depends on
the volume of transactions on a given exchange. The greater the volume
of

transactions, the greater the value of the data.
---------------------------------------------------------------------------

    \10\ See supra note 9.
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange proposes to adopt subscription fees for the purchase
of the Intra-Day Volume Summary on a monthly basis. The Exchange
proposes to assess a fee of $2,000 per month for subscribing to the
Intra-Day Volume Summary. As noted on the Fee Schedule, for mid-month
subscriptions, new subscribers will be charged for the full calendar
month for which they subscribe and will be provided NYSE Options Open-
Close Volume Summary data for each trading day of the calendar month in
which they subscribed. The proposed monthly fees will apply to all
market participants. The Exchange notes that other exchanges provide
similar data products that may be purchased on a monthly basis and are
comparably priced.\11\
---------------------------------------------------------------------------

    \11\ See Price List--U.S. Derivatives Data for Nasdaq PHLX, LLC
(``PHLX''), The Nasdaq Stock Market, LLC (``Nasdaq''), Nasdaq ISE,
LLC (``ISE''), and Nasdaq GEMX, LLC (``GEMX''), available at http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#web.
Particularly, PHLX offers ``Nasdaq PHLX Options Trade Outline
(PHOTO)'' and assesses $2,500 per month for an intra-day
subscription; Nasdaq offers the ``Nasdaq Options Trade Outline
(NOTO)'' and assesses $750 per month for an intra-day subscription;
ISE offers the ``Nasdaq ISE Open/Close Trade Profile'' and assesses
$2,000 per month for an intra-day subscription; and GEMX offers the
``Nasdaq GEMX Open/Close Trade Profile'' and assesses $1,000 per
month for an intra-day subscription. Cboe EDGX Exchange, Inc.
(``EDGX'') assesses $1,000 per month for an intraday subscription
and Cboe BZX Exchange, Inc. (``BZX'') assesses $1,500 per month for
an intraday subscription. See EDGX fee schedule available at http://markets.cboe.com/us/options/membership/fee_schedule/edgx/; and BZX
fee schedule available at http://markets.cboe.com/us/options/membership/fee_schedule/bzx/. Miami International Securities
Exchange, LLC (``MIAX''), MIAX Emerald, LLC (``Emerald'') and MIAX
PEARL, LLC (``PEARL'') each assesses $2,000 per month for an intra-
day subscription. See MIAX Fee Schedule, available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Options_Fee_Schedule_09282021.pdf; Emerald Fee Schedule,
available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Emerald_Fee_Schedule_09282021.pdf; and PEARL
Fee Schedule, available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Pearl_Options_Fee_Schedule_092821.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. The Exchange also believes that
its proposal to adopt fees for the Intra-Day Volume Summary market data
product is consistent with Section 6(b) of the Act \14\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \15\ in
particular, in that it is an equitable allocation of dues, fees and
other charges among its members and other recipients of Exchange data.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. Particularly, the Intra-
Day Volume Summary further broadens the availability of U.S. options
market data to investors consistent with the principles of Regulation
NMS. Subscribers to the data may also be able to enhance their ability
to analyze options trade and volume data and create and test trading
models and analytical strategies. The Exchange believes the Intra-Day
Volume Summary would provide a valuable tool that subscribers can use
to gain comprehensive insight into the trading activity in a particular
series, but also emphasizes such data is not necessary for trading.
Moreover, other exchanges offer a similar data product.\16\
---------------------------------------------------------------------------

    \16\ See supra note 9.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market. Indeed, there
are currently 16 registered options exchanges competing for order flow.
Based on publicly-available information, and excluding index-based
options, no single exchange has more than 16% of the market share of
executed volume of multiply-listed equity and ETF options trades.\17\
Therefore, currently no exchange possesses significant pricing power in
the execution of multiply-listed equity and ETF options order flow.
More specifically, in March 2022, the Exchange had less than 14% market
share of executed volume of multiply-listed equity and ETF options
trades.\18\
---------------------------------------------------------------------------

    \17\ The Options Clearing Corporation (``OCC'') publishes
options and futures volume in a variety of formats, including daily
and monthly volume by exchange, available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \18\ Based on OCC data for monthly volume of equity-based
options and monthly volume of ETF-based options, see id., the
Exchange's market share in multiply-listed equity and ETF options
was 10.16% for the month of March 2021 and 13.57% for the month of
March 2022.
---------------------------------------------------------------------------

    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.'' \19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    With respect to market data, the decision of the United States
Court of Appeals for the District of Columbia Circuit in NetCoalition
v. SEC upheld the Commission's reliance on the existence of competitive
market mechanisms to evaluate the reasonableness and fairness of fees
for proprietary market data:

    In fact, the legislative history indicates that the Congress
intended that the market system ``evolve through the interplay of
competitive forces as unnecessary regulatory restrictions are
removed'' and that the SEC wield its regulatory power ``in those
situations where competition may not be sufficient,'' such as in the
creation of a ``consolidated transactional reporting system.'' \20\
---------------------------------------------------------------------------

    \20\ NetCoalition v. SEC, 615 F.3d 525, 535 (D.C. Cir. 2010)
(quoting H.R. Rep. No. 94-229 at 92 (1975), as reprinted in 1975
U.S.C.C.A.N. 323).

    The court agreed with the Commission's conclusion that ``Congress
intended that `competitive forces should dictate the services and
practices that constitute the U.S. national market system for trading
equity securities.' '' \21\
---------------------------------------------------------------------------

    \21\ Id. at 535.
---------------------------------------------------------------------------

    More recently, the Commission confirmed that it applies a ``market-
based'' test in its assessment of market data fees, and that under that
test:

the Commission considers whether the exchange was subject to
significant competitive forces in setting the terms of its proposal
for [market data], including the level of any fees. If an exchange
meets this burden, the Commission will find that its fee rule is
consistent with the Act unless there is a substantial countervailing
basis to find that the terms of the rule violate the Act or the
rules thereunder.\22\
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 34-90217 (October
16, 2020), 85 FR 67392 (October 22, 2020) (SR-NYSENAT-2020-05)
(internal quotation marks omitted), quoting Securities Exchange Act
Release No. 59039 (December 2, 2008), 73 FR 74770, 74781 (December
9, 2008) (ArcaBook Approval Order).

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

    Making similar historic data products available to market
participants fosters competition in the marketplace, and constrains the
ability of exchanges to charge supra-competitive fees. In the event
that a market participant views one exchange's data product as more or
less attractive than the competition they can and do switch between
similar products. The proposed fees are a result of the competitive
environment, as the Exchange seeks to adopt fees to attract purchasers
of the Intra-Day Volume Summary data product.
    The Exchange believes the proposed fees are reasonable as they are
comparable to the fees assessed by other exchanges that provide similar
data products.\23\ Indeed, proposing fees that are excessively higher
than established fees for similar data products would simply serve to
reduce demand for the Exchange's data product, which as noted, is
entirely optional. Like the Intra-Day Volume Summary, other exchanges
offer similar data products that each provide insight into trading on
those markets and may likewise aid in assessing investor sentiment.
Although each of these similar data products provide only proprietary
trade data and not trade data from other exchanges, it is possible
investors are still able to gauge overall investor sentiment across
different option series based on open and closing interest on any one
exchange. Similarly, market participants may be able to analyze option
trade and volume data, and create and test trading models and
analytical strategies using only the Intra-Day Volume Summary data
relating to trading activity on one or more of the other markets that
provide similar data products. As such, if a market participant views
another exchange's data as more attractive than the Exchange's data
product, then such market participant can merely choose not to purchase
the Exchange's data product and instead purchase another exchange's
product, which offer similar data points, albeit based on that other
market's trading activity.
---------------------------------------------------------------------------

    \23\ See supra note 11.
---------------------------------------------------------------------------

    The Exchange also believes the proposed fees are reasonable as they
would support the introduction of a new historic market data product
that is designed to aid investors by providing insight into trading on
the Exchange. Once the Intra-Day Volume Summary is made available, it
would provide options market participants with valuable information
about opening and closing transactions executed on the Exchange
throughout the trading day, similar to other trade data products
offered by competing options exchanges. In turn, this data would assist
market participants in gauging investor sentiment and trading activity,
resulting in potentially better-informed trading decisions. As noted
above, subscribers may also use such data to create and test trading
models and analytical strategies.
    Selling historic market data is also a means by which exchanges
compete to attract business. To the extent that the Exchange is
successful in attracting subscribers to the Exchange's historic data
product, it may earn trading revenues and further enhance the value of
its data products. If the market deems the proposed fees to be unfair
or inequitable, subscribers can diminish or discontinue their use of
the historic data and/or avail themselves of similar products offered
by other exchanges.\24\ The Exchange therefore believes that the
proposed fees reflect the competitive environment and would be properly
and equally assessed to all subscribers. The Exchange also believes the
proposed fees are equitable and not unfairly discriminatory as the fees
would apply equally to all subscribers who choose to purchase such
data. Nothing in this proposal treats any category of market
participant any differently from any other category of market
participant. The Intra-Day Volume Summary is available to all market
participants, i.e., members and non-members, and all market
participants would receive the same information in the data feed.
---------------------------------------------------------------------------

    \24\ See supra note 9.
---------------------------------------------------------------------------

    As noted above, the Exchange anticipates a wide variety of market
participants to purchase the Exchange's data product, including but not
limited to individual customers, buy-side investors and investment
banks. The Exchange reiterates that the decision as to whether or not
to purchase the Intra-Day Volume Summary is entirely optional for all
potential subscribers. Indeed, no market participant is required to
purchase the data product, and the Exchange is not required to make the
data product available to market participants. Rather, the Exchange is
voluntarily making the Intra-Day Volume Summary data product available,
as requested by customers, and market participants may choose to
receive (and pay for) this data based on their own business needs.
Potential subscribers may request the data at any time if they believe
it to be valuable or may decline to purchase such data.
    In sum, the fierce competition for order flow constrains any
exchange from pricing its historic market data at a supra-competitive
price, and constrains the Exchange here in setting its fees for the
Intra-Day Volume Summary data product. As described above, the
Exchange's data product competes head-to-head with numerous products
currently available in the marketplace. These products each serve as
reasonable substitutes for one another as they are each designed to
provide data on options market activity which can be used to infer
longer-term trends. The information provided by one exchange is
generally similar to that provided by other exchanges because order
flow can move from one exchange to another, and market sentiment trends
that appear on one exchange are likely to be similar to the sentiment
trends on other exchanges. The key differentiator in the quality of the
data depends on the volume of transactions on a given exchange. The
greater the volume of transactions, the greater the value of the
historic data. The proposed fees are therefore reasonable because in
setting them, the Exchange is constrained by the availability of
numerous substitute venues offering historic market data products and
trading. Such substitutes need not be identical, but only substantially
similar to the product at hand.
    More specifically, in setting fees for the Intra-Day Volume
Summary, the Exchange is constrained by the fact that, if its pricing
is unattractive to subscribers, subscribers have their pick of an
increasing number of alternative venues to use instead of the Exchange.
The existence of numerous alternatives to the Exchange ensures that the
Exchange cannot set unreasonable fees for historic market data without
suffering the negative effects of that decision in the fiercely
competitive market in which it operates.

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. The Exchange
also does not believe the proposed fees would cause any unnecessary or
inappropriate burden on intermarket competition as other exchanges are
free to introduce their own comparable historic data product and adopt
fees to better compete with the Exchange's offering. Rather, the
Exchange believes that the proposal will promote competition by
permitting the Exchange to sell a data product similar

to those offered by other competitor options exchanges.\25\ The
Exchange is offering the Intra-Day Volume Summary in order to keep pace
with changes in the industry and evolving customer needs, and believes
the data product will contribute to robust competition among national
securities exchanges. At least eight other U.S. options exchanges offer
a market data product that is substantially similar to the Exchange's
offering. As a result, the Exchange believes this proposed rule change
permits fair competition among national securities exchanges.
---------------------------------------------------------------------------

    \25\ Id.
---------------------------------------------------------------------------

    Furthermore, the Exchange operates in a highly competitive
environment, and its ability to price Intra-Day Volume Summary is
constrained by competition among exchanges that offer similar data
products to their customers. As discussed above, there are currently a
number of similar products available to market participants and
investors. At least eight other U.S. options exchanges offer a market
data product that is substantially similar to the Exchange's offering,
which the Exchange must consider in its pricing discipline in order to
compete effectively.\26\ For example, proposing fees that are
excessively higher than established fees for similar data products
would simply serve to reduce demand for the Exchange's data product,
which as discussed, market participants are under no obligation to
utilize or purchase. In this competitive environment, potential
purchasers are free to choose which, if any, similar product to
purchase to satisfy their need for market information. As a result, the
Exchange believes this proposed rule change permits fair competition
among national securities exchanges.
---------------------------------------------------------------------------

    \26\ See supra note 11.
---------------------------------------------------------------------------

    The Exchange does not believe the proposed rule change would cause
any unnecessary or inappropriate burden on intramarket competition.
Particularly, the proposed fees would apply uniformly to any
subscriber, in that the Exchange would not differentiate between
subscribers that purchase the Intra-Day Volume Summary and all
subscribers would receive the same information in the data feed. The
Exchange believes the proposed fees are set at a modest level that
would allow interested subscribers to purchase such data based on their
business needs.

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) \27\ of the Act and subparagraph (f)(2) of Rule
19b-4 \28\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \29\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEArca-2022-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2022-37. 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-NYSEArca-2022-37 and should be submitted
on or before August 2, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14755 Filed 7-11-22; 8:45 am]
BILLING CODE 8011-01-P


reasonable belief that it would have been eligible to use this Form S-3
as of September 1, 2011 because it is registering a primary offering of
non-convertible investment grade securities, discloses the basis for
such belief, and files a final prospectus for an offering pursuant to
such registration statement on this Form S-3 on or before September 2,
2014.
    Instruction to paragraph (b)(2). For purposes of paragraph
(b)(2)(i) of this section, an insurance company, as defined in Section
2(a)(13) of the Securities Act of 1933 (15 U.S.C. 77b(a)(13), when
using this Form S-3 to register offerings of securities subject to
regulation under the insurance laws of any State or Territory of the
United States or the District of Columbia (``insurance contracts''),
may include purchase payments or premium payments for insurance
contracts, including purchase payments or premium payments for variable
insurance contracts (not including purchase payments or premium
payments initially allocated to investment options that are not
registered under the Securities Act of 1933 (15 U.S.C. 77a)), issued in
offerings registered under the Securities Act over the prior three
years. For purposes of paragraph (b)(ii) of this section, an insurance
company, as defined in Section 2(a)(13) of the Securities Act of 1933,
when using this Form S-3 to register offerings of insurance contracts,
may include the contract value, as of the measurement date, of any
outstanding insurance contracts, including variable insurance contracts
(not including the value allocated as of the measurement date to
investment options that are not registered under the Securities Act of
1933), issued in offerings registered under the Securities Act of 1933.
* * * * *
    (5) The securities are investment grade securities. An asset-backed
security is an investment grade security if, at the time of sale, at
least one nationally recognized statistical rating organization (as
that term is used in 17 CFR 240.15c3-1(c)(2)(vi)(F)) has rated the
security in one of its generic rating categories that signifies
investment grade; typically, the four highest rating categories (within
which there may be sub-categories or gradations indicating relative
standing) signify investment grade.
* * * * *

0
16. Amend Form S-3 (referenced in 17 CFR 239.13) by:
0
a. Revising General Instruction I.B.2.;
0
b. Revising General Instruction I.B.5(a)(i).; and
0
c. Revising Instruction 3 to the signature block to remove the word
``Requirements'' and add in its place the word ``Requirement'' and to
remove the phrase ``B.2. or''.
    The revision reads as follows:

    Note:  The text of Form S-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form S-3

Registration Statement Under the Securities Act of 1933

* * * * *

General Instructions

I. Eligibility Requirements for Use of Form S-3

* * * * *
    B. Transaction Requirements. * * *
    2. Primary Offerings of Non-Convertible Securities Other than
Common Equity. Non-convertible securities, other than common equity, to
be offered for cash by or on behalf of a registrant, provided the
registrant (i) has issued (as of a date within 60 days prior to the
filing of the registration statement) at least $1 billion in non-
convertible securities, other than common equity, in primary offerings
for cash, not exchange, registered under the Securities Act, over the
prior three years; or (ii) has outstanding (as of a date within 60 days
prior to the filing of the registration statement) at least $750
million of non-convertible securities, other than common equity, issued
in primary offerings for cash, not exchange, registered under the
Securities Act; or (iii) is a wholly-owned subsidiary of a well-known
seasoned issuer (as defined in 17 CFR 230.405); or (iv) is a majority-
owned operating partnership of a real estate investment trust that
qualifies as a well-known seasoned issuer (as defined in 17 CFR
230.405); or (v) discloses in the registration statement that it has a
reasonable belief that it would have been eligible to use Form S-3 as
of September 1, 2011 because it is registering a primary offering of
non-convertible investment grade securities, discloses the basis for
such belief, and files a final prospectus for an offering pursuant to
such registration statement on Form S-3 on or before September 2, 2014.
    Instruction. For purposes of Instruction I.B.2(i) above, an
insurance company, as defined in Section 2(a)(13) of the Securities
Act, when using this Form to register offerings of securities subject
to regulation under the insurance laws of any State or Territory of the
United States or the District of Columbia (``insurance contracts''),
may include purchase payments or premium payments for insurance
contracts, including purchase payments or premium payments for variable
insurance contracts (not including purchase payments or premium
payments initially allocated to investment options that are not
registered under the Securities Act), issued in offerings registered
under the Securities Act over the prior three years. For purposes of
Instruction I.B.2(ii) above, an insurance company, as defined in
Section 2(a)(13) of the Securities Act, when using this Form to
register offerings of insurance contracts, may include the contract
value, as of the measurement date, of any outstanding insurance
contracts, including variable insurance contracts (not including the
value allocated as of the measurement date to investment options that
are not registered under the Securities Act), issued in offerings
registered under the Securities Act.
* * * * *

    5. Offerings of Investment Grade Asset-Backed Securities.
    (a) * * *
    (i) The securities are ``investment grade securities.'' An asset-
backed security is an ``investment grade security'' if, at the time of
sale, at least one nationally recognized statistical rating
organization (as that term is used in Rule 15c3-1(c)(2)(vi)(F) under
the Exchange Act (Sec.  240.15c3-1(c)(2)(vi)(F)) has rated the security
in one of its generic rating categories which signifies investment
grade; typically, the four highest rating categories (within which
there may be sub-categories or gradations indicating relative standing)
signify investment grade.
* * * * *

0
17. Amend Form S-4 (referenced in 17 CFR 239.25) by revising General
Instruction B.1.a.(ii)(B) to read as follows:

    Note:  The text of Form S-4 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form S-4

Registration Statement Under the Securities Act of 1933

* * * * *

General Instructions

* * * * *
    B. Information with Respect to the Registrant.
    1. * * *
    a. * * *
    (ii) * * *
    (B) Non-convertible debt or preferred securities are to be offered
pursuant to this registration statement and the requirements of General
Instruction I.B.2. of Form S-3 have been met for the securities to be
registered on this registration statement; or
* * * * *

0
18. Amend Sec.  239.33 by revising paragraph (b)(2) to read as follows:

Sec.  239.33  Form F-3, for registration under the Securities Act of
1933 of securities of certain foreign private issuers offered pursuant
to certain types of transactions.

* * * * *
    (b) * * *
    (2) Primary Offerings of Non-Convertible Securities Other than
Common Equity. Non-convertible securities, other than common equity, to
be offered for cash by or on behalf of a registrant, provided the
registrant:
    (i) Has issued (as of a date within 60 days prior to the filing of
the registration statement) at least $1 billion in non-convertible
securities, other than common equity, in primary offerings for cash,
not exchange, registered under the Securities Act, over the prior three
years; or
    (ii) Has outstanding (as of a date within 60 days prior to the
filing of the registration statement) at least $750 million of non-
convertible securities, other than common equity, issued in primary
offerings for cash, not exchange, registered under the Securities Act
of 1933 (15 U.S.C. 77a); or
    (iii) Is a wholly-owned subsidiary of a well-known seasoned issuer
(as defined in 17 CFR 230.405); or
    (iv) Is a majority-owned operating partnership of a real estate
investment trust that qualifies as a well-known seasoned issuer (as
defined in 17 CFR 230.405); or
    (v) Discloses in the registration statement that it has a
reasonable belief that it would have been eligible to use Form F-3 as
of September 1, 2011 because it is registering a primary offering of
non-convertible investment grade securities, discloses the basis for
such belief, and files a final prospectus for an offering pursuant to
such registration statement on Form F-3 on or before September 2, 2014.
    Instruction to paragraph (b)(2). For purposes of paragraph
(b)(2)(i) of this section, an insurance company, as defined in Section
2(a)(13) of the Securities Act of 1933 (15 U.S.C. 77b(a)(13)), when
using this Form F-3 to register offerings of securities subject to
regulation under the insurance laws of any State or Territory of the
United States or the District of Columbia (``insurance contracts''),
may include purchase payments or premium payments for insurance
contracts, including purchase payments or premium payments for variable
insurance contracts (not including purchase payments or premium
payments initially allocated to investment options that are not
registered under the Securities Act of 1933 (15 U.S.C. 77a)), issued in
offerings registered under the Securities Act of 1933 over the prior
three years. For purposes of paragraph (b)(ii) of this section, an
insurance company, as defined in Section 2(a)(13) of the Securities Act
of 1933, when using this Form F-3 to register offerings of insurance
contracts, may include the contract value, as of the measurement date,
of any outstanding insurance contracts, including variable insurance
contracts (not including the value allocated as of the measurement date
to investment options that are not registered under the Securities Act
of 1933), issued in offerings registered under the Securities Act of
1933.
* * * * *

0
19. Amend Form F-3 (referenced in 17 CFR 239.33) by:
0
a. Revising General Instruction I.B.2.; and
0
b. Removing Instruction 3 to the signature block.
    The revision reads as follows:

    Note:  The text of Form F-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form F-3

Registration Statement Under the Securities Act of 1933

* * * * *

General Instructions

I. Eligibility Requirements for Use of Form F-3

* * * * *
    B. Transaction Requirements * * *
    2. Primary Offerings of Non-Convertible Securities Other than
Common Equity. Non-convertible securities, other than common equity, to
be offered for cash by or on behalf of a registrant, provided the
registrant (i) has issued (as of a date within 60 days prior to the
filing of the registration statement) at least $1 billion in non-
convertible securities, other than common equity, in primary offerings
for cash, not exchange, registered under the Securities Act, over the
prior three years; or (ii) has outstanding (as of a date within 60 days
prior to the filing of the registration statement) at least $750
million of non-convertible securities, other than common equity, issued
in primary offerings for cash, not exchange, registered under the
Securities Act; or (iii) is a wholly-owned subsidiary of a well-known
seasoned issuer (as defined in 17 CFR 230.405); or (iv) is a majority-
owned operating partnership of a real estate investment trust that
qualifies as a well-known seasoned issuer (as defined in 17 CFR
230.405); or (v) discloses in the registration statement that it has a
reasonable belief that it would have been eligible to use Form F-3 as
of September 1, 2011 because it is registering a primary offering of
non-convertible investment grade securities, discloses the basis for
such belief, and files a final prospectus for an offering pursuant to
such registration statement on Form F-3 on or before September 2, 2014.
    Instruction. For purposes of Instruction I.B.2(i) above, an
insurance company, as defined in Section 2(a)(13) of the Securities
Act, when using this Form to register offerings of securities subject
to regulation under the insurance laws of any State or Territory of the
United States or the District of

Columbia (``insurance contracts''), may include purchase payments or
premium payments for insurance contracts, including purchase payments
or premium payments for variable insurance contracts (not including
purchase payments or premium payments initially allocated to investment
options that are not registered under the Securities Act), issued in
offerings registered under the Securities Act over the prior three
years. For purposes of Instruction I.B.2(ii) above, an insurance
company, as defined in Section 2(a)(13) of the Securities Act, when
using this Form to register offerings of insurance contracts, may
include the contract value, as of the measurement date, of any
outstanding insurance contracts, including variable insurance contracts
(not including the value allocated as of the measurement date to
investment options that are not registered under the Securities Act),
issued in offerings registered under the Securities Act.
* * * * *

0
20. Amend Form F-4 (referenced in 17 CFR 239.34) by revising General
Instruction B.1(a)(ii)(B).
    The revision reads as follows:

    Note:  The text of Form F-4 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form F-4

Registration Statement Under the Securities Act of 1933

* * * * *

General Instructions

* * * * *
    B. Information with Respect to the Registrant
    1. * * *
    a. * * *
    (ii) * * *
    (B) Non-convertible debt or preferred securities are to be offered
pursuant to this registration statement and the requirements of General
Instruction I.B.2. of Form F-3 have been met for the securities to be
registered on this registration statement; or
* * * * *

Sec.  239.38  [Amended]

0
21. Effective December 31, 2012, amend Sec.  239.38 by removing ``Form
F-9,'' from paragraph (h)(3).

    Note:  The text of Form F-8 does not, and the following
amendment will not, appear in the Code of Federal Regulations.

0
22. Effective December 31, 2012, amend Form F-8 (referenced in 17 CFR
239.38) by removing ``Form F-9,'' from each of paragraph A.(3) of
General Instruction III and paragraph B. of General Instruction V.

Sec.  239.39  [Removed and Reserved]

0
23. Effective December 31, 2012, remove and reserve Sec.  239.39
(referencing Form F-9).

Sec.  239.40  [Amended]

0
24. Effective December 31, 2012, amend Sec.  239.40 by removing ``Form
F-9,'' from paragraph (c)(4).
0
25. Effective December 31, 2012, amend Form F-10 (referenced in 17 CFR
239.40) by:
0
a. In General Instruction I.C.(3), removing ``and'' after the semi-
colon;
0
b. In General Instruction I.C.(4), removing ``Form F-9,'' removing the
period, and adding in its place ``; and''; and
0
c. Adding paragraph C.(5) of General Instruction I to read as follows:

    Note: The text of Form F-10 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form F-10

Registration Statement Under the Securities Act of 1933

* * * * *

General Instructions

    C. Form F-10 is available to any Registrant that:
    (1) * * *
    (5) if it does not meet the requirements of I.C.(4) or I.H.,
discloses in Part II of the registration statement that it has a
reasonable belief that it would have been eligible to make an offering
of investment grade, non-convertible securities on Form F-9 as of
December 30, 2012, discloses the basis for such belief, and files a
final prospectus for an offering under the registration statement on or
prior to December 31, 2015.
* * * * *

Sec.  239.41  [Amended]

0
26. Effective December 31, 2012, amend Sec.  239.41 by removing ``Form
F-9,'' from paragraph (h)(3).
0
27. Effective December 31, 2012, amend Form F-80 (referenced in 17 CFR
239.41) by removing ``Form F-9'' in paragraph A.(3) of General
Instruction III and paragraph B. of General Instruction V.

    Note:  The text of Form F-80 does not, and this amendment will
not, appear in the Code of Federal Regulations.

0
28. Effective December 31, 2012, amend Sec.  239.42 by removing ``F-
9,'' from the heading and from each of paragraphs (a) and (e).
0
29. Effective December 31, 2012, amend Form F-X (referenced in 17 CFR
239.42) by removing ``F-9,'' from each of paragraphs (a) and (e) of
General Instruction I, and each of paragraphs (a) and (c) of General
Instruction II.F.

    Note:  The text of Form F-X does not, and this amendment will
not, appear in the Code of Federal Regulations.

* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
30. The general authority citation for part 240 is revised to read as
follows:

    Authority:  15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q,
78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37,
80b-3, 80b-4, 80b-11, and 7201 et seq.; 18 U.S.C. 1350, 12 U.S.C.
5221(e)(3), and Pub. L. 111-203, Sec.  939A, 124 Stat. 1376, (2010)
unless otherwise noted.
* * * * *

0
31. Amend Sec.  240.14a-101 by revising Note E(2)(ii) to read as
follows:

Sec.  240.14a-101  Schedule 14A. Information required in proxy
statement.

* * * * *

Notes:
* * * * *
    E. * * *
    (2) * * *
    (ii) Action is to be taken as described in Items 11, 12, and 14 of
this schedule which concerns non-convertible debt or preferred
securities issued by a registrant meeting the requirements of General
Instruction I.B.2. of Form S-3 (referenced in 17 CFR 239.13 of this
chapter); or
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
32. The authority citation for part 249 continues to read in part as
follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; and 18 U.S.C.
1350, unless otherwise noted.
* * * * *

Sec.  249.240  [Amended]

0
33. Effective December 31, 2012, amend Sec.  249.240f by:
0
a. Removing ``F-9,'' in paragraph (a) introductory text;
0
b. Redesignating the ``Note'' following paragraph (a) introductory text
as ``Note to paragraph (a)''; and
0
c. Removing in paragraph (b)(4) introductory text the phrase ``;
provided,

however, no market value threshold need be satisfied in connection with
non-convertible securities eligible for registration on Form F-9 (Sec.
239.39 of this chapter)''.
0
34. Effective December 31, 2012, amend Form 40-F (referenced in 17 CFR
249.240f) by:
0
a. In General Instruction A.(i), removing ``F-9'';
0
b. Removing from paragraph (2)(iv) of General Instruction A. the phrase
``; provided, however, that no market value threshold need be satisfied
in connection with non-convertible securities eligible for registration
on Form F-9'' and adding in its place the phrase ``or the Registrant
filed a Form F-9 with the Commission on or before December 30, 2012'';
and
0
c. Revising paragraph (2) of General Instruction C. to read as follows:
    (2) Any financial statements, other than interim financial
statements, included in this Form by registrants registering securities
pursuant to Section 12 of the Exchange Act or reporting pursuant to the
provisions of Section 13(a) or 15(d) of the Exchange Act must be
reconciled to U.S. GAAP as required by Item 17 of Form 20-F under the
Exchange Act, unless this Form is filed with respect to a reporting
obligation under Section 15(d) that arose solely as a result of a
filing made on Form F-7, F-8, F-9 or F-80, in which case no such
reconciliation is required.

    Note:  The text of Form 40-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

    Dated: July 27, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19421 Filed 8-2-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Page 3308]
[FR Doc No: 2017-00392]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-742-000]

CP Bloom Wind LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
CP Bloom Wind LLC`s application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 25, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: January 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-00392 Filed 1-10-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73489-73491]
[FR Doc No: 2011-30575]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1261; Directorate Identifier 2011-NE-38-AD;
Amendment 39-16875; AD 2011-24-11]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Honeywell International Inc. ALF502L-2C, ALF502R-3, ALF502R-3A,
ALF502R-5, LF507-1F, and LF507-IH turbofan engines. This AD requires
removing from service certain second stage high pressure compressor
(HPC2) discs. This AD was prompted by a report of cracks found in an
HPC2 disc during routine inspection. We are issuing this AD to prevent
the affected discs from fracturing before reaching the currently
published life limit. A disc fracture could result in an uncontained
failure of the disc and damage to the airplane.

DATES: This AD is effective December 14, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 14,
2011.
    We must receive comments on this AD by January 13, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Honeywell
International Inc., P.O. Box 52181, Phoenix, AZ 85072-2181, phone:
(800) 601-3099; Web site: http://

portal.honeywell.com/wps/portal/aero. You may review copies of the
referenced service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA. For
information on the availability of this material at the FAA, call (781)
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Baitoo, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, 3960 Paramount Blvd.,
Lakewood, CA 90712; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    During a routine inspection, cracks were found in a low-time HPC2
disc, part number (P/N) 2-101-332-12. Analysis has revealed that the
cracks initiated during the forging process of a certain material
ingot. Honeywell International Inc. has identified a suspect population
of 29 HPC2 discs, by serial number (S/N), that were made from the
affected material ingot. This condition, if not corrected, could result
in an uncontained failure of the disc and damage to the airplane.

Relevant Service Information

    We reviewed Honeywell International Inc. Service Bulletin (SB) No.
ALF/LF-72-1113, dated September 16, 2011. The SB lists the affected
HPC2 discs by P/N and S/N, and describes procedures for removing them
from service.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because there
are no U.S. operators of airplanes with Honeywell International Inc.
ALF502L-2C, ALF502R-3, ALF502R-3A, ALF502R-5, LF507-1F, and LF507-IH
turbofan engines, with an affected HPC2 disc installed. Therefore, we
find that notice and opportunity for prior public comment are
unnecessary and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2011-1261 and
Directorate Identifier 2011-NE-38-AD at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects no Honeywell International Inc.
ALF502L-2C, ALF502R-3, ALF502R-3A, ALF502R-5, LF507-1F, and LF507-IH
turbofan engines installed on airplanes of U.S. registry. Therefore, we
estimate the total cost of the AD to U.S. operators to be $0.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2011-24-11 Honeywell International Inc. Turbofan Engines: Amendment
39-16875; Docket No. FAA-2011-1261; Directorate Identifier 2011-NE-
38-AD.

(a) Effective Date

    This AD is effective December 14, 2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Honeywell International Inc. ALF502L-2C,
ALF502R-3, ALF502R-3A, ALF502R-5, LF507-1F, and LF507-IH turbofan
engines with any of the second stage high pressure compressor (HPC2)
discs, part number (P/N) 2-101-332-12, serial numbers (S/N) listed
in Table 2 of Honeywell International Inc. Service Bulletin (SB) No.
ALF/LF-72-1113, dated September 16, 2011, installed.

(d) Unsafe Condition

    This AD was prompted by a report of cracks found in an HPC2 disc
during routine inspection. We are issuing this AD to prevent the
affected discs from fracturing before reaching the currently
published life limit. A disc fracture could result in an uncontained
failure of the disc and damage to the airplane.

(e) Compliance

    Comply with this AD before accumulating 4,500 cycles-since-new
on the affected HPC2 disc, or before exceeding 7 years after the
effective date of this AD, whichever occurs first, unless already
done.

(f) Removal of Affected HPC2 Discs

    Remove from service HPC2 discs, P/N 2-101-332-12, S/Ns listed in
Table 2 of Honeywell International Inc. SB No. ALF/LF-72-1113, dated
September 16, 2011.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Los Angeles Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

(h) Related Information

    For more information about this AD, contact Robert Baitoo,
Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA,
3960 Paramount Blvd., Lakewood, CA 90712; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(i) Material Incorporated by Reference

    You must use the following service information to do the actions
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference
(IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the following
service information on the date specified:
    (1) Honeywell International Inc. Service Bulletin No. ALF/LF-72-
1113, dated September 16, 2011, approved for IBR December 14, 2011.
    (2) For service information identified in this AD, contact
Honeywell International Inc., P.O. Box 52181, Phoenix, AZ 85072-
2181, phone:<PHONE_NUMBER>; Web site: http://portal.honeywell.com/wps/portal/aero.
    (3) You may review copies of the service information at the FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Burlington, Massachusetts, on November 15, 2011.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30575 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P


List of Documents Submitted by the State of Maryland
   * December 27, 2012, letter from Robert M. Summers, Phd, Secretary, Maryland Department of the Environment to Shawn M. Garvin, Regional Administrator, U. S. EPA Region 3, Philadelphia, Pennsylvania.  Submittal of Maryland's Infrastructure State Implementation Plan listing requirements of the Clean Air Act 110(a)(2) for the 2008 Ozone National Ambient Air Quality Standards.

   * State Implementation Plan describing Implementation, Maintenance, and Enforcement of the 0.075 ppm 8-hour Ozone National Ambient Air Quality Standard.

   * Copy of Web Site announcing the Infrastructure SIP authority for the 2008 ozone NAAQS.

   * Copy of Maryland's announcement for public comments on the infrastructure SIP development.

   * Copy of Maryland's Web site for Air Quality Planning Program

   * Memorandum indicating that the 110 SIP Authority has been added to the Notices and Alerts section of the state's web site.

   * Memorandum indicating that the 110 SIP Authority announcement added to the Notices and Alerts section of the state's web site may be removed.

   * Copy of announcement: Public Hearing on Implementation, Maintenance, and Enforcement of the 0.075 ppm 8-hour Ozone National Ambient Air Quality Standard.

   * List of recipients of the public notice for the 110 SIP authority announcement.

   * List of recipients of the public notice for the 110 SIP authority announcement.

   * Opening statement of the Air and Radiation Management Administration Maryland Department of the Environment For the Public Hearing Concerning the Implementation, Maintenance, and Enforcement of the 8-hour Ozone National Ambient Air Quality Standard State Implementation Plan. Held on December 21, 2012.

   * Transcript of the Public Hearing Concerning the Implementation, Maintenance, and Enforcement of the 8-hour Ozone National Ambient Air Quality Standard State Implementation Plan. Held on December 21, 2012.

   * December 21, 2012, Public Hearing Attendee List.

   * November 15, 2012, letter from Roger E. Thunell, Chief, SIP Planning Division, Maryland Department of the Environment to Linda C. Janey, J.D., Assistant Secretary, Clearinghouse and Communications, Maryland State Clearinghouse for Intergovernmental Assistance, Maryland Office of Planning, Baltimore MD.  Requesting comment on the 110 SIP authority.

   * November 26, 2012, letter from Linda C. Janey, J.D., Assistant Secretary, Clearinghouse and Communications, Maryland State Clearinghouse for Intergovernmental Assistance, Maryland Office of Planning, Baltimore MD to Mr. Roger E. Thunell, Chief, SIP Planning Division, Maryland Department of the Environment to.  Notification of Interagency Review on the 110 SIP authority.

   * December 21, 2012, letter from Ron Amirikian, Planning Branch Manager, Delaware Department of Natural Resources and Environmental Control to Mr. Roger E. Thunell, Chief, SIP Planning Division, Maryland Department of the Environment to.  Comments on Maryland's 110 SIP.


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Rules and Regulations]
[Page 37293-37294]
[DOCID:fr29jn10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0190; Airspace Docket No. 09-ASW-5]

Establishment of Class E Airspace; Hamilton, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace for Hamilton, TX to
accommodate Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs) at Hamilton Municipal Airport, Hamilton, TX. The FAA
is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, September 23, 2010. The Director of
the Federal Register approves this incorporation by reference action
under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9
and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On April 21, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Hamilton,
TX, creating additional controlled airspace at Hamilton Municipal
Airport (75 FR 20794) Docket No. FAA-2009-0190. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraph 6005 of FAA Order
7400.9T signed August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by adding additional Class E airspace extending upward from 700
feet above the surface to accommodate SIAPs at Hamilton Municipal
Airport, Hamilton, TX. This action is necessary for the safety and
management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use

of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it amends controlled airspace at Hamilton Municipal
Airport, Hamilton, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ASW TX E5 Hamilton, TX [Amended]

Hamilton Municipal Airport, TX
    (Lat. 31[deg]39'57'' N., long. 98[deg]08'55'' W.)
Hamilton NDB
    (Lat. 31[deg]37'13'' N., long. 98[deg]08'51'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Hamilton Municipal Airport, and within
3.7 miles each side of the 009[deg] bearing from the airport
extending from the 6.4-mile radius to 8.6 miles north of the
airport, and within 4 miles each side of the 189[deg] bearing from
the airport extending from the 6.4-mile radius to 9.6 miles south of
the airport, and within 8 miles east and 4 miles west of the
170[deg] bearing from the Hamilton NDB extending from the NDB to 16
miles south of the NDB.

    Issued in Fort Worth, Texas on June 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-15672 Filed 6-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Page 6172]
[FR Doc No: 2018-02848]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Availability of the Final Supplemental Environmental
Impact Statement for the Southeast Market Pipelines Project

------------------------------------------------------------------------
                                                    Docket No.
------------------------------------------------------------------------
Florida Southeast Connection, LLC......  [CP14-554-002]
Transcontinental Gas Pipe Line Company,  [CP15-16-003]
 LLC.
Sabal Trail Transmission, LLC..........  [CP15-17-002]
------------------------------------------------------------------------

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final supplemental environmental impact
statement (SEIS) to address the August 22, 2017 Opinion issued by the
United States Court of Appeals for the District of Columbia regarding
the Commission's environmental review of the Southeast Market Pipelines
(SMP) Project.
    The final SEIS estimates the greenhouse gas emissions generated by
the SMP Project's customers' downstream facilities, describes the
methodology used to determine these estimates, discusses context for
understanding the magnitude of these emissions, describes the
Commission's past policy on use of the Social Cost of Carbon tool, and
as appropriate, addresses comments on the draft SEIS issued on
September 27, 2017.
    Commission staff will mail copies of the final SEIS to federal,
state, and local government representatives and agencies; elected
officials; environmental and public interest groups; Native American
tribes; potentially affected landowners and other interested
individuals and groups; newspapers and libraries in the project area;
and parties to this proceeding. Additionally, the final SEIS is
available for public viewing on the FERC's website (www.ferc.gov) using
the eLibrary link.
    Additional information about the SMP Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on General Search, and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP14-
554, CP15-16, or CP15-17). Be sure you have selected an appropriate
date range. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>; for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 5, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-02848 Filed 2-12-18; 8:45 am]
 BILLING CODE 6717-01-P