[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62073-62074]
[FR Doc No: 2011-25831]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0721]

Guidance for Industry on Implementation of the Fee Provisions of
the FDA Food Safety Modernization Act; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Implementation of
the Fee Provisions of Section 107 of the FDA Food Safety Modernization
Act.'' FDA is issuing this guidance to provide answers to common
questions that might arise about the new fee provisions and FDA's plans
for their implementation in fiscal year (FY) 2012.

DATES: Submit either electronic or written comments on the guidance at
any time.

ADDRESSES: Submit written requests for single copies of this guidance
to the Office of Regulatory Affairs, Office of Resource Management,
12420 Parklawn Dr., Rm. 2012, Rockville, MD 20857. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amy Waltrip, Office of Regulatory
Affairs, Office of Resource Management, 12420 Parklawn Dr., Rm. 2012,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Implementation of the Fee Provisions of Section 107 of the
FDA Food Safety Modernization Act.'' The purpose of the guidance
document is to provide

guidance to industry on the implementation of the fee provisions of
section 107 of the FDA Food Safety Modernization Act of 2011 (FSMA)
(Pub. L. 111-353). Section 107 of FSMA amended section 743 of the
Federal Food, Drug, and Cosmetic Act to provide FDA with the authority
to collect fees related to food. In the Federal Register of August 1,
2011 (76 FR 45820), FDA published a notice establishing fee rates for
FY 2012 for domestic and foreign facility reinspections, recall orders,
and importer reinspections. On October 1, 2011, FDA will begin
implementation of the fee provisions of section 107 of FSMA. The
guidance document is intended to provide answers to common questions
that might arise about the new fee provisions and FDA's plans for their
implementation in FY 2012.
    This guidance is being issued consistent with FDA's good guidance
practices (GGP) regulation (Sec.  10.115 (21 CFR 10.115)). This
guidance is being implemented without prior public comment because the
Agency has determined that prior public participation is not feasible
or appropriate (Sec.  10.115(g)(2)). The Agency made this determination
because the fee provisions of FSMA are currently being implemented, and
guidance is needed to help effectuate the implementation. The guidance
provides information necessary for affected persons to understand the
implementation of these FSMA fee provisions. Although this guidance
document is immediately in effect, it remains subject to comment in
accordance with the Agency's GGP regulation.
    The guidance represents the Agency's current thinking on this
topic. It does not create or confer any rights for or on any person and
does not operate to bind FDA or the public. An alternative approach may
be used if such approach satisfies the requirements of the applicable
statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding the
guidance document. It is only necessary to send one set of comments. It
is no longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance
document at either http://www.fda.gov/RegulatoryInformation/Guidances/default.htm or http://www.regulations.gov. Always access an FDA
guidance document by using FDA's Web site listed previously to find the
most current version of the guidance.

    Dated: September 30, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-25831 Filed 10-5-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: March 14, 2006 (Volume 71, Number 49)]
[Notices]
[Page 13121-13122]
[DOCID:fr14mr06-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 7, 2006.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER02-73-008.
    Applicants: Llano Estacado Wind, L.P.
    Description: Entergy Services, Inc., as agent for its affiliate
Llano Estacado Wind, LP, submits its triennial updated market power
analysis in support of its continued eligibility to sell electric
capacity and energy at market-based rates.
    Filed Date: February 28, 2006.
    Accession Number: 20060303-0092.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 21, 2006.

    Docket Numbers: ER03-563-057; EL04-102-013.
    Applicants: Power Marketing Inc.
    Description: ISO New England, Inc., submits a revision to its
Compliance Report filed February 28, 2006.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0188.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER04-691-065.
    Applicants: Midwest Independent Transmission System Operator, Inc.,
    Description: Midwest Independent Transmission System Operator,
Inc., submits a redacted version of its Supplemental Information
Filing, filed February 24, 2006.
    Filed Date: March 1, 2006.
    Accession Number: 20060307-0096.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-456-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits an amendment to its
January 5, 2006 filing to include cost allocations for 35 additional
upgrades in Schedule 12-Appendix, to become effective on May 30, 2006.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-505-001.
    Applicants: Entergy Services, Inc.,
    Description: Entergy Services, Inc., on behalf of Entergy Arkansas,
Inc., et al., submit a revision to its Compliance Filing filed on
January 18, 2006.
    Filed Date: February 28, 2006.
    Accession Number: 20060303-0094.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 10, 2006.

    Docket Numbers: ER06-538-001.
    Applicants: Llano Estacado Wind, LP.
    Description: Llano Estacado Wind, LP submits amendments to its
January 11, 2006 filing of its market-based rate tariff, designated as
Original Sheets 1-4, FERC Electric Tarifff, First Revised Volume 1.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-686-000.
    Applicants: DeGreeff DP, LLC.
    Description: DeGreeff DP, LLC submits a petition for order
accepting market-based rate tariff for filing and granting waivers and
blanket approvals and request for expedited action.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0140.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-687-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool Participants Committee submits
its transmittal letter along with a counterpart signature page of the
New England Power Pool Agreement.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0085.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-688-000.
    Applicants: Hinson Power Company, LLC.
    Description: Hinson Power Co., LLC submits its amendment to its
Updated Market Power Analysis & Revisions to Second Revised Rate
Schedule 1.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0086.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 13, 2006.

    Docket Numbers: ER06-689-000.
    Applicants: Duke Energy Oakland, LLC.
    Description: Duke Energy Oakland, LLC submits a correction to
Original Sheet 142 from its Reliability Must Run Agreement with the
California Independent System Operator Corp.
    Filed Date: March 1, 2006.
    Accession Number: 20060303-0143.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-691-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection LLC submits an executed
construction service agreement among PJM, Southeastern Chester County
Refuse Authority and PECO Energy Company.
    Filed Date: March 1, 2006.

    Accession Number: 20060303-0090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER06-692-000.
    Applicants: Orange and Rockland Utilities, Inc.,
    Description: Orange and Rockland Utilities submits a revised Power
Supply Agreement with Pike County Light & Power Company, effective May
1, 2006.
    Filed Date: March 1, 2006.
    Accession Number: 20060306-0119.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Docket Numbers: ER96-110-020; ER99-2774-012; ER03-956-009; ER03-
185-007; ER03-17-007; ER01-545-009; ER00-1783-009; ER02-795-007; ER96-
2504-014; ER05-1367-003; ER05-1368-003; ER05-1369-004; ER00-826-006;
ER00-828-006; ER98-421-017; ER98-4055-014; ER01-1337-009; ER02-177-010;
ER03-1212-008; ER01-1820-008.
    Applicants: Duke Power, Division of Duke Energy Corp.; Duke Energy
Trading and Marketing, L.L.C.; Duke Energy Marketing America, LLC, Duke
Energy Fayette, LLC; Duke Energy Hanging Rock, LLC; Duke Energy Lee,
LLC; Duke Energy Vermillion, LLC; Duke Energy Washington, LLC;
Cincinnati Gas & Electric Co.; PSI Energy, Inc.; Union Light Heat &
Power Company; Cinergy Marketing & Trading, LP; Brownsville Power I,
L.L.C.; Caledonia Power I, L.L.C. CinCap IV, LLC; CinCap V, LLC;
Cinergy Capital & Trading, Inc.; Cinergy Power Investments, Inc.; St.
Paul Cogeneration, LLC; Cinergy Operating Companies.
    Description: Duke Energy Corp., et al., on behalf of Duke Power Co,
LLC et al submits a notice of change in status for each MBR Company
with respect to each such MBR Co's Authority to engage in wholesale
sales of capacity.
    Filed Date: March 1, 2006.
    Accession Number: 20060306-0067.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 22, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-3590 Filed 3-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4528-4530]
[FR Doc No: 2018-01818]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82587; File No. SR-NYSEArca-2018-05]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to the
Guggenheim Ultra Short Duration ETF and the Guggenheim Total Return
Bond ETF

January 25, 2018.
    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 January 16, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by 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 reflect changes to certain representations
made in the respective proposed rule changes previously filed with the
Commission pursuant to Rule 19b-4 relating to the Guggenheim Ultra
Short Duration ETF and the Guggenheim Total Return Bond ETF (each a
``Fund'' and, collectively, the ``Funds''). Shares of the Funds are
currently listed and traded on the Exchange under NYSE Arca Rule 8.600-
E. 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 Commission has approved the listing and trading on the Exchange
of shares (``Shares'') of the Funds, under NYSE Arca Rule 8.600-E
(formerly NYSE Arca Equities Rule 8.600), which governs the listing and
trading of Managed Fund Shares.\4\ The Funds' Shares are currently
listed and traded on the Exchange under NYSE Arca Rule 8.600-E.\5\
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    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Rule 5.2-E(j)(3),
seeks to provide investment results that correspond generally to the
price and yield performance of a specific foreign or domestic stock
index, fixed income securities index or combination thereof.
    \5\ The Commission previously approved the listing and trading
of the Shares of the Guggenheim Ultra Short Duration ETF (formerly,
Guggenheim Enhanced Short Duration ETF and, prior to that,
Guggenheim Enhanced Ultra-Short Bond ETF). See Securities Exchange
Act Release Nos. 64550 (May 26, 2011), 76 FR 32005 (June 2, 2011)
(SR-NYSEArca-2011-11) (Order Granting Approval of Proposed Rule
Change Relating to the Listing and Trading of the Guggenheim
Enhanced Core Bond ETF and Guggenheim Enhanced Ultra-Short Bond ETF)
(``First Short Duration Order''); 64224 (April 7, 2011), 76 FR 20401
(April 12, 2011) (SR-NYSEArca-2011-11) (Notice of Proposed Rule
Change Relating to the Listing and Trading of the Guggenheim
Enhanced Core Bond ETF and Guggenheim Enhanced Ultra-Short Bond ETF)
(``First Short Duration Notice,'' and, together with the First Short
Duration Order, ``First Short Duration Releases''); 74814 (April 27,
2015), 80 FR 24986 (May 1, 2015) (SR-NYSEArca-2014-107) (Notice of
Filing of Amendment Nos. 2 and 3 and Order Granting Accelerated
Approval of a Proposed Rule Change to Reflect Changes to the Means
of Achieving the Investment Objective Applicable to the Guggenheim
Enhanced Short Duration ETF) (``Second Short Duration Order'');
73512 (November 3, 2014), 79 FR 66442 (November 7, 2014) (SR-
NYSEArca-2014-107) (Notice of Filing of Proposed Rule Change, as
Modified by Amendment No. 1 Thereto, to Reflect Changes to the Means
of Achieving the Investment Objective Applicable to the Guggenheim
Enhanced Short Duration ETF) (``Second Short Duration Notice'' and,
together with the Second Short Duration Order and the First Short
Duration Releases, the ``Short Duration Releases''). The Commission
previously approved the listing and trading of the Shares of the
Guggenheim Total Return Bond ETF in Securities Exchange Act Release
No. 76719 (December 21, 2015), 80 FR 80859 (December 28, 2015) (SR-
NYSEArca-2015-73) (Notice of Filing of Amendment Nos. 3, 4, 5, and 6
and Order Granting Accelerated Approval of a Proposed Rule Change,
as Modified by Amendment Nos. 1, 3, 4, 5 and 6, to List and Trade of
Shares of the Guggenheim Total Return Bond ETF under NYSE Arca
Equities Rule 8.600) (``Total Return Order''). See also Securities
Exchange Act Release No. 75930 (September 16, 2015), 80 FR 57251
(September 22, 2015) (Notice of Filing of Proposed Rule Change, as
Modified by Amendment No. 1, Relating to Listing and Trading Shares
of the Guggenheim Total Return Bond ETF under NYSE Arca Equities
Rule 8.600) (``Total Return Notice'' and, together with the Total
Return Order and Amendment Nos. 1, 3, 4, 5 and 6 to the Total Return
Notice, the ``Total Return Releases'').
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    The Shares of the Guggenheim Ultra Short Duration ETF are offered
by Claymore Exchange-Traded Fund Trust and Shares of the Guggenheim
Total Return Bond ETF are offered by Claymore Exchange-Traded Fund
Trust 2 (together with the Claymore Exchange-Traded Fund Trust, the
``Claymore Trusts''). PowerShares Actively Managed Exchange-Traded Fund
Trust has filed a combined prospectus and proxy statement (the ``Proxy
Statement'') with the Commission on Form N-14 describing a ``Plan of
Reorganization'' pursuant to which, following approval of the Funds'
shareholders, all or substantially all of the assets and substantially
all of the liabilities of each Fund would be transferred to a
corresponding, newly-formed fund of the PowerShares Actively Managed
Exchange-Traded Fund Trust, described below. According to the Proxy
Statement, the investment objective of each Fund will be the same
following implementation of the Plan of Reorganization
(``Reorganization'').\6\ Following shareholder approval and closing of
the Reorganization, investors will receive an identical number of
shares of beneficial interest of the corresponding PowerShares fund in
an amount equal in value to the net asset value of the Shares of the
Funds of the Claymore Trusts immediately prior to the Reorganization
(and cash with respect to any fractional shares held, if any).
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    \6\ See registration statement on Form N-14 under the Securities
Act of 1933 (15 U.S.C. 77a) (``1933 Act''), dated November 21, 2017
(File No. 333-221699).
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    In this proposed rule change, the Exchange proposes to reflect
changes to certain representations made in the respective proposed rule
changes previously filed with the Commission pursuant to Rule 19b-4
relating to the Funds, as described above,\7\ which changes would be
implemented as a result of the Plan of Reorganization.\8\
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    \7\ See note 5, supra.
    \8\ The Guggenheim Ultra Short Duration ETF's investment
adviser, Guggenheim Funds Investment Advisors, LLC, and the
Guggenheim Total Return Bond ETF's investment adviser, Guggenheim
Partners Investment Management, LLC, represent that each will manage
each respective Fund in the manner described in the applicable
proposed rule change(s) for such Fund as referenced in note 5,
supra, and the changes described herein will not be implemented
until this proposed rule change is operative.

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Guggenheim Ultra Short Duration ETF \9\
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    \9\ On October 20, 2017 the PowerShares Actively Managed
Exchange-Traded Fund Trust filed with the Commission a pre-effective
amendment to its registration statement on Form N-1A under the 1933
Act and under the 1940 Act relating to the Funds [sic] (File Nos.
333-147622 and 811-22148) relating to the PowerShares Ultra Short
Duration Portfolio and the PowerShares Total Return Bond Portfolio.
The October 20, 2017 filing is intended to create a new entity to
serve as the vehicle into which the Funds will be reorganized
through the Plan of Reorganization contained in the Proxy Statement.
In addition, the Commission has issued an order granting certain
exemptive relief to the PowerShares Actively Managed Exchange-Traded
Fund Trust under the 1940 Act. See Investment Company Act Release
No. 28171 (February 27, 2008) (File No. 812-13386), as amended by
Investment Company Release No. 28467 (October 27, 2008) (File No.
812-13491).
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    The First Short Duration Notice stated the name of the Fund as
Guggenheim Enhanced Ultra-Short Bond ETF, which name was later changed
to Guggenheim Enhanced Short Duration ETF and then to Guggenheim Ultra
Short Duration ETF. Following the Reorganization, the name of the Fund
will be PowerShares Ultra Short Duration Portfolio.
    The Second Short Duration Notice stated that the Fund's trust is
Claymore Exchange-Traded Fund Trust and the Fund's investment adviser
is Guggenheim Funds Investment Advisors, LLC. Following the
Reorganization, the Fund's trust will be PowerShares Actively Managed
Exchange-Traded Fund Trust, and the Fund's investment adviser and sub-
adviser will be Invesco PowerShares Capital Management LLC and Invesco
Advisers, Inc., respectively.\10\
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    \10\ Invesco PowerShares Capital Management LLC and Invesco
Advisers, Inc. each is not registered as a broker-dealer but is
affiliated with a broker-dealer. Each such entity has implemented
and will maintain a fire wall with respect to its affiliated broker-
dealer regarding access to information concerning the composition
and/or changes to a Fund's portfolio. In the event (a) Invesco
PowerShares Capital Management LLC or Invesco Advisers, Inc. becomes
registered as a broker-dealer or newly affiliated with a broker-
dealer, or (b) any new adviser or sub-adviser becomes registered as
a broker-dealer or newly affiliated with a broker-dealer, it will
implement and maintain a fire wall with respect to its relevant
personnel or such broker-dealer affiliate regarding access to
information concerning the composition and/or changes to a Fund's
portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding
such portfolio. In addition, personnel who make decisions on a
Fund's portfolio composition must be subject to procedures designed
to prevent the use and dissemination of material nonpublic
information regarding a Fund's portfolio.
     An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, with respect to PowerShares Ultra Short
Duration Portfolio and PowerShares Total Return Bond Portfolio,
Invesco PowerShares Capital Management LLC and Invesco Advisers,
Inc., as adviser and sub-adviser, respectively, and their related
personnel, are subject to the provisions of Rule 204A-1 under the
Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
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    The First Short Duration Notice stated that the Fund's distributor
is Claymore Securities, Inc. Following the Reorganization, the Fund's
distributor will be Invesco Distributors, Inc.
    The First Short Duration Notice stated the Fund is considered non-
diversified under the 1940 Act; \11\ the Trust changed this
representation in an amendment to the Trust's registration statement to
state that the Fund is considered a diversified fund.\12\ Following the
Reorganization, the Fund's registration statement will state that the
Fund will be considered non-diversified under the 1940 Act.
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    \11\ The diversification standard is set forth in Section
5(b)(1) of the 1940 Act (15 U.S.C. 80e). The Commission has
previously approved listing and trading of issues of Managed Fund
Shares that are classified as non-diversified investment companies
under the 1940 Act. See, e.g., Securities Exchange Act Release No.
74338 (February 20, 2015), 80 FR 10556 (February 26, 2015) (SR-
NYSEArca-2014-143) (order approving proposed rule change relating to
the listing and trading of shares of the SPDR DoubleLine Total
Return Tactical ETF under NYSE Arca Equities Rule 8.600).
    \12\ See footnote 15 to the Second Short Duration Order.
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Guggenheim Total Return Bond ETF
    The Total Return Releases stated the name of the Fund as Guggenheim
Total Return Bond ETF. Following the Reorganization, the Fund's name
will be PowerShares Total Return Bond Portfolio.
    The Total Return Releases stated that the Fund's trust is Claymore
Exchange-Traded Fund Trust 2, and the Fund's investment adviser is
Guggenheim Partners Investment Management, LLC. Following the
Reorganization, the Fund's trust will be PowerShares Actively Managed
Exchange-Traded Fund Trust, and the Fund's investment adviser will be
Invesco PowerShares Capital Management LLC. The Total Return Releases
did not specify that the Fund will have a sub-adviser. Following the
Reorganization, the Fund will have a sub-adviser, namely, Invesco
Advisers, Inc.\13\ The First [sic] Total Return Notice stated that the
Fund's distributor is Guggenheim Funds Distributors, LLC. Following the
Reorganization, the Fund's distributor will be Invesco Distributors,
Inc.
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    \13\ See note 10, supra.
---------------------------------------------------------------------------

    The investment objective of each Fund will remain unchanged. Except
for the changes noted above, all other representations made in the
Short Duration Releases and the Total Return Releases, respectively,
remain unchanged.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5)\14\ that an exchange have rules that
are 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, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, and is designed
to promote just and equitable principles of trade and to protect
investors and the public interest.
    PowerShares Actively Managed Exchange-Traded Fund Trust has filed
the Proxy Statement describing the Reorganization pursuant to which,
following approval of the Funds' shareholders, all assets of each Fund
would be transferred to a corresponding fund of the PowerShares
Actively Managed Exchange-Traded Fund Trust. This filing proposes to
reflect organizational and administrative changes that would be
implemented as a result of the Reorganization, including changes to the
Funds' names, the trust entity issuing shares of the Funds, the adviser
and sub-adviser to the Funds and the distributor for the Funds. In
addition, following the Reorganization, the PowerShares Ultra Short
Duration Portfolio's registration statement will state that it will be
considered non-diversified under the 1940 Act. As noted above, Invesco
PowerShares Capital Management LLC and Invesco Advisers, Inc. each is
not registered as a broker-dealer but is affiliated with a broker-
dealer. Each such entity has implemented and will maintain a fire wall
with respect to its affiliated broker-dealer regarding access to
information concerning the composition and/or

changes to a Fund's portfolio. In the event (a) Invesco PowerShares
Capital Management LLC or Invesco Advisers, Inc. becomes registered as
a broker-dealer or newly affiliated with a broker-dealer, or (b) any
new adviser or sub-adviser becomes registered as a broker-dealer or
newly affiliated with a broker-dealer, it will implement and maintain a
fire wall with respect to its relevant personnel or such broker-dealer
affiliate regarding access to information concerning the composition
and/or changes to the portfolio, and will be subject to procedures
designed to prevent the use and dissemination of material non-public
information regarding such portfolio. According to the Proxy Statement,
the investment objective of each Fund will be the same following
implementation of the Reorganization. Except for the changes noted in
this proposed rule change, all other representations made in the Short
Duration Releases and the Total Return Releases, respectively, remain
unchanged. The Exchange believes these changes will not adversely
impact investors or Exchange trading.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes the
proposed rule change will enhance competition and benefit of [sic]
investors and the marketplace by permitting continued listing and
trading of Shares of the Funds following implementation of the changes
described above that would follow the Reorganization, which changes are
non-substantive and would not impact the respective investment
objective of each Fund.

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

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

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6)
thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission notes that the proposal would allow the Exchange
to reflect organizational and administrative changes to the Funds that
would be implemented as a result of the Reorganization, including
changes to the Funds' names, the trust entity issuing shares of the
Funds, the adviser and sub-adviser to the Funds, and the distributor
for the Funds. In addition, following the Reorganization, the
PowerShares Ultra Short Duration Portfolio's registration statement
will state that it will be considered non-diversified under the 1940
Act. The Commission further notes that the Exchange represents that the
investment objective of each Fund will remain the same, and, except for
the changes noted in this proposed rule change, all other
representations made in the Short Duration Releases and the Total
Return Releases remain unchanged. The Commission believes that the
proposal raises no new or novel regulatory issues and waiver of the 30-
day operative delay is consistent with the protection of investors and
the public interest. The Commission hereby waives the 30-day operative
delay and designates the proposed rule change to be operative upon
filing.\17\
---------------------------------------------------------------------------

    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-2018-05 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-2018-05. 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-2018-05 and should be submitted
on or before February 21, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01818 Filed 1-30-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44881-44884]
[FR Doc No: 2013-17837]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0502; FRL-9838-1]

Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Disapproval of PM2.5 Permitting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to disapprove a revision to
Wisconsin's State Implementation Plan (SIP) submitted by the Wisconsin
Department of Natural Resources (WDNR) on May 12, 2011. The revision
concerns permitting requirements relating to particulate matter of less
than 2.5 micrometers (PM2.5). EPA is taking final action to
disapprove the revisions because they do not meet the 2008
PM2.5 SIP requirements. The proposed rulemaking was
published December 18, 2012. During the comment period which ended on
January 17, 2013, no comments were received.

DATES: This final rule is effective on August 26, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0502. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m. Monday through Friday,
excluding Federal holidays. We recommend that you telephone Andrea
Morgan at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:

I. Background
II. Recent D.C. Circuit Decision
III. Revision to the Definition of Regulated Pollutant
IV. What action is EPA taking on this submittal?
V. Statutory and Executive Order Reviews

I. Background

    This final rulemaking addresses the May 12, 2011, WDNR submittal,
supplemented on March 5, 2012, revising the rules in the Wisconsin SIP
to comply with the 2008 NSR Implementation Rule for PM2.5.
The original submission, and the supplement thereto, may be found in
the docket for this action.
    In May 2008, EPA finalized regulations to implement the New Source
Review (NSR) Implementation Rule for PM2.5 to include the
major source threshold, significant emissions rate and offset ratios
for PM2.5, interpollutant trading for offsets and
applicability of NSR to PM2.5 precursors. On October 20,
2010, EPA amended the requirements for PM2.5 under the
Prevention of Significant Deterioration (PSD) program by adding maximum
allowable increase in ambient pollutant concentrations and screening
tools known as the Significant Impact Levels (SILs) and the Significant
Monitoring Concentration (SMC) for PM2.5.
    Wisconsin's submittals included provisions that were designed to
match the requirements set forth in the May 2008 and October 2010
rules. Wisconsin submitted revisions to its rules NR 400, 404, 405,
406, 407, 408, and 484 of the Wisconsin Administrative Code. The
submittal included rules to define major source thresholds and
significant emission increase levels; establish the SMC for
PM2.5; establish interpollutant trading ratios for
PM2.5, sulfur dioxide and nitrogen oxides; and clarify
existing nonattainment area permitting rules. EPA announced through a
memorandum, on July 21, 2011, a change in its policy concerning the
development and adoption of interpollutant trading provisions for
PM2.5. The new policy requires that any ratio involving
PM2.5 precursors submitted to EPA for approval for use in a
state's interpollutant offset program for PM2.5
nonattainment areas must be accompanied by a technical demonstration
that shows the net air quality benefits of such a ratio for the
PM2.5 nonattainment area in which it will be applied. In a
letter dated March 5, 2012, WDNR requested to withdraw its request to
have NR 408.06(1)(cm), the provision pertaining to interpollutant
trading ratios, included in its 2011 submittal.
    EPA published a proposed disapproval of Wisconsin's submittal on
December 18, 2012, because the submittal did not meet the 2008
PM2.5 SIP requirements. Specifically, the revisions
submitted did not explicitly define the precursors of PM2.5,
nor did they contain the prescribed language to ensure that gases that
condense to form particulate matter (PM), known as condensables, are
regulated within PM2.5 and PM of less than 10 micrometer
(PM10) emission limits. During the comment period EPA
received no comments on the proposed action.

II. Recent D.C. Circuit Decision

    On January 4, 2013, the U.S. Court of Appeals for the District of
Columbia (D.C. Circuit or Court), in Natural Resources Defense Council
v. EPA, 706 F.3d 428 (consolidated with 09-1102, 11-1430), remanded
EPA's 2007 and 2008 rules implementing the 1997 PM2.5
National Ambient Air Quality Standards (NAAQS). The Court ordered EPA
to ``repromulgate these rules pursuant to Subpart 4 consistent with
this opinion,'' as opposed to Subpart 1 of Part D, Title I, of the
Clean Air Act (CAA). Id. at 437. Subpart 4 of Part D, Title I, of the
CAA establishes additional provisions for PM nonattainment areas.
    The 2008 implementation rule addressed by the Court decision,
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' 73 FR 28321 (May
16, 2008), promulgated NSR requirements for implementation of
PM2.5 in both nonattainment areas (nonattainment NSR) and
attainment/unclassifiable areas (PSD). As the requirements of subpart 4
pertain only to nonattainment areas, EPA does not consider the portions
of the 2008 rule that address requirements for PM2.5
attainment and unclassifiable areas to be affected by the Court's
opinion. Moreover, because EPA does not anticipate the need to revise
any PSD requirements promulgated in the 2008 rule in order to comply
with the Court's decision, EPA's disapproval of Wisconsin's submittal
with respect to the PSD requirements promulgated by the 2008
implementation rule does not conflict with the decision.
    Wisconsin's submission did include several provisions based on the
nonattainment NSR requirements promulgated in the 2008 implementation
rule. Since the proposed disapproval of Wisconsin's submittal predated
the D.C. Circuit's decision, EPA did not include the nonattainment NSR
provisions in the bases for disapproval. However, for any future
nonattainment NSR submissions, WDNR should follow the Court's direction
to implement the PM2.5 NAAQS consistent with subpart 4,
which includes several provisions that affect the nonattainment NSR
requirements in the 2008 rule. EPA expects to provide further guidance
on this issue to assist the states with future submissions.
    On January 22, 2013, the D.C. Circuit, in Sierra Club v. EPA, 705
F.3d 458, issued an order, inter alia, vacating the parts of two PSD
regulations establishing a PM2.5 SMC (40 CFR
51.166(i)(5)(i)(c) and 40 CFR 52.21(i)(5)(i)(c)), finding that EPA was
precluded from using the PM2.5 SMCs to exempt permit
applicants from the statutory requirement to compile preconstruction
monitoring data.
    Wisconsin included provisions for a PM2.5 SMC in its
submittal. Because the proposed disapproval of December 18, 2012,
predated D.C. Circuit's January 22, 2013, remand, EPA did not include
the PM2.5 SMC as part of the basis for disapproval. However,
as a result of the Court's decision, it is clear that EPA cannot
approve any reference to the PM2.5 SMC in the State's PSD
SIP.

III. Revision to the Definition of Regulated Pollutant

    In an October 25, 2012, final rule EPA revised the definition of
``regulated NSR pollutant'' to correct an inadvertent error contained
in the regulations for PSD at 40 CFR 51.166(b)(49)(vi) and 52.21 (77 FR
65107). The October 2012 final action removed an unintended new
requirement on state and local agencies and the regulated community
that PM emissions must generally include the condensable PM fraction.
PM10 and PM2.5 remain regulated as criteria
pollutants and emissions of both of these PM indicators are still
required to include the condensable fraction of PM emitted by a source
in applicability determinations and in establishing enforceable
emissions limitations. The October 2012 final rule became effective
December 24, 2012.
    In the proposed disapproval of Wisconsin's PM2.5
permitting requirements, which preceded the effective date of the
revised condensables definition, EPA cited to the prior definition of
``regulated NSR pollutant,'' which included the requirement to consider
the condensable fraction for ``PM emissions,'' as well as the
condensable

fraction for PM2.5 and PM10 emissions. The
revised definition reads, ``PM2.5 emissions and
PM10 emissions shall include gaseous emissions from a source
or activity which condense to form particulate matter at ambient
temperatures.'' While this definition is less stringent than what was
cited in the proposed disapproval of Wisconsin's revisions, because it
no longer requires the inclusion of condensables for PM, it does not
affect the bases for disapproval of the revisions, because the
requirements to account for the condensable fraction of
PM2.5 and PM10 emissions in permitting decisions
remain.
    The October 2012 final rule also reorganized the placement of the
definition of ``regulated NSR pollutant.'' The provision of the 2008
PM2.5 NSR Implementation Rule that requires condensables be
accounted for in PM2.5 and PM10 permitting
decisions is now codified in 40 CFR 51.166(b)(49)(i)(a) and
52.21(b)(50)(i)(a).

IV. What action Is EPA taking on this submittal?

    EPA is taking final action to disapprove the revisions to Wisconsin
rules NR 400, 404, 405, 406, 407, 408 and 484, submitted by the State
on May 12, 2011, for approval into the SIP. The rule revisions
submitted are not consistent with Federal regulations governing state
permitting programs. See the December 18, 2012, proposed rule.
    Under section 179(a) of the CAA, final disapproval of a submission
that addresses a requirement of a part D plan (section 171--193 of the
CAA), or is required in response to a finding of substantial inadequacy
as described in section 110(k)(5), starts a sanction clock. The
submission that EPA is taking final action to disapprove was not
submitted to meet either of these requirements. Therefore, with the
final action to disapprove these submissions, no sanctions under
section 179 will be triggered.
    The full or partial disapproval of a SIP revision triggers the
requirement under section 110(c) of the CAA that EPA promulgate a
Federal Implementation Plan (FIP) no later than two years from the date
of the disapproval unless the state corrects the deficiency, and the
Administrator approves the plan or plan revision before the
Administrator promulgates such FIP. However, since elements of this SIP
revision were narrowly disapproved under the Infrastructure SIP, the
two year timeframe began with the final narrow disapproval of
Wisconsin's Infrastructure SIP (October 29, 2012; 77 FR 65478). EPA
will actively work with Wisconsin to incorporate changes to its PSD
program that explicitly identify PM2.5 precursors and
account for the condensable fraction of PM2.5 and
PM10 emissions in establishing enforceable permit emissions
limits, consistent with the 2008 NSR Rule. In the interim, EPA expects
WDNR to adhere to the associated requirements of the 2008 NSR Rule in
its PSD program, specifically with respect to the explicit
identification of PM2.5 precursors, and accounting for the
condensable fraction of PM2.5 and PM10 emissions
in applicability determinations and enforceable permit emissions
limits.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Regulatory Flexibility Act

    This action merely disapproves state law as not meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule disapproves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain an unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely disapproves a state rule, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA.

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).

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

    This rule also is not subject to Executive Order 13045 ``Protection
of Children From Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it disapproves a state rule.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal

executive policy on environmental justice. Its main provision directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
    EPA lacks the discretionary authority to address environmental
justice in this action. In reviewing SIP submissions, EPA's role is to
approve or disapprove state choices, based on the criteria of the CAA.
Accordingly, this action merely disapproves certain state requirements
for inclusion into the SIP under section 110 and subchapter I, part D
of the CAA and will not in-and-of itself create any new requirements.
Accordingly, it does not provide EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 23, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 10, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart P--Indiana

0
2. Section 52.2592 is added to read as follows:

Sec.  52.2592  Review of new sources and modifications.

    Disapproval--On May 12, 2011, the Wisconsin Department of Natural
Resources submitted a proposed revision to its State Implementation
Plan to update its rules to match the 2008 New Source Review
Implementation Rule for PM2.5. The State supplemented the
submittal on March 5, 2012. EPA determined that this submittal was not
approvable because the revisions did not explicitly identify the
precursors to PM2.5 and did not contain the prescribed
language to ensure that gases that condense to form PM, known as
condensables, are regulated within PM2.5 and PM10
emission limits.
[FR Doc. 2013-17837 Filed 7-24-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43554-43555]
[FR Doc No: 2017-19792]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2017-0024; OMB No. 1660-0137]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Emergency Notification System (ENS)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before October 18, 2017.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 500 C Street SW., Washington, DC 20472-
3100, or email address<EMAIL_ADDRESS>Or, Melton Roland, ENS Program Manager, FEMA/
ORR<EMAIL_ADDRESS>or telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This proposed information collection
previously published in the Federal Register on June 20, 2017 at 82 FR
28083 with a 60 day public comment period. No comments were received.
The purpose of this notice is to notify the public that FEMA will
submit the information collection abstracted below to the Office of
Management and Budget for review and clearance.

Collection of Information

    Title: Emergency Notification System (ENS).
    Type of information collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0137.
    Form Titles and Numbers: None.
    Abstract: The ENS contains contact information for FEMA emergency
team members, and for certain DHS HQ teams as well as USCIS and FLETC
teams. The ENS uses this information to send email, call cell, home,
work phones and SMS devices to inform team members they have been
activated. Teams include FEMA HQ COOP, Hurricane Liaison Team (HLT),
Urban Search & Rescue (US&R), Emergency Response Group (ERG), etc. The
system can only be accessed via DHS OneNet.
    Affected Public: State, Local or Tribal Government; Federal
Government.
    Estimated Number of Respondents: 700.
    Estimated Total Annual Burden Hours: 500 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $14,410. There are no annual costs to respondents
operations and maintenance costs for technical services. There are no
annual start-up or capital costs. The cost to the Federal Government is
$173,350.96.

    Dated: September 13, 2017.
Tammi Hines,
Acting Records Management Program Chief, Mission Support, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2017-19792 Filed 9-15-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19674-19677]
[FR Doc No: 2021-07598]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91515; File Nos. SR-NYSE-2021-12, SR-NYSEAMER-2021-08,
SR-NYSENAT-2021-03, SR-NYSEArca-2021-11, SR-NYSECHX-2021-02]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
American LLC; NYSE National, Inc.; NYSE Arca, Inc.; NYSE Chicago, Inc.;
Notice of Filing of Amendment Nos. 1 and 2 and Order Granting
Accelerated Approval of Proposed Rule Changes, Each as Modified by
Amendment Nos. 1 and 2, to Establish Procedures for the Allocation of
Power in Co-Location When Availability Falls Below Certain Thresholds

April 8, 2021.

I. Introduction

    On February 4, 2021, New York Stock Exchange LLC, NYSE American
LLC, NYSE National, Inc., NYSE Arca, Inc., and NYSE Chicago, Inc. (the
``Exchanges'') each filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to establish procedures for the allocation of
power in co-location if the Exchanges cannot satisfy all User
demand.\3\ Each proposed rule change was published for comment in the
Federal Register on February 24, 2021.\4\ The Commission received no
comments on the proposed rule changes. On February 19, 2021, each
Exchange filed Amendment No. 1 to its proposed rule change.\5\ On April
5, 2021, each Exchange filed Amendment No. 2 to its proposed rule
change.\6\ This order provides notice of the filings of Amendment Nos.
1 and 2 to each of the proposed rule changes, and grants approval of
the proposed rule changes, each as modified by Amendment Nos. 1 and 2,
on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See infra note 7 for the definition of ``User.''
    \4\ See Securities Exchange Act Release Nos. 91154 (February 18,
2021), 86 FR 11345 (SR-NYSE-2021-12); 91155 (February 18, 2021), 86
FR 11350 (SR-NYSEAMER-2021-08); 91158 (February 18, 2021), 86 FR
11367 (SR-NYSENAT-2021-03); 91156 (February 18, 2021), 86 FR 11356
(SR-NYSEArca-2021-11); and 91157 (February 18, 2021), 86 FR 11361
(SR-NYSECHX-2021-02) (each, a ``Notice''). For ease of reference,
page citations are to the Notice for NYSE-2021-12.
    \5\ Amendment No. 1 revises the proposals to: (i) Provide
additional explanation for why the Exchanges believe it is
reasonable to integrate the procedures for the allocation of power
with the procedures for the allocation of cabinets; (ii) clarify
that a User may not increase its order on the Cabinet Waitlist or
Combined Waitlist to a size that would exceed the Cabinet Limits or
Combined Limits, as applicable; and (iii) correct typographical
errors. Amendment No 1 for each filing is available on the
Commission's website at: https://www.sec.gov/comments/sr-nyse-2021-12/srnyse202112-8393729-229404.pdf; https://www.sec.gov/comments/sr-nyseamer-2021-08/srnyseamer202108-8393752-229406.pdf; https://www.sec.gov/comments/sr-nysenat-2021-03/srnysenat202103-8394067-229408.pdf; https://www.sec.gov/comments/sr-nysearca-2021-11/srnysearca202111-8393756-229407.pdf; https://www.sec.gov/comments/sr-nysechx-2021-02/srnysechx202102-8394068-229409.pdf. For ease of
reference, page citations to Amendment No. 1 are to NYSE-2021-12
Amendment No. 1.
    \6\ Amendment No. 2 revises a portion of the proposed text of
General Note 8 to state more clearly that the Combined Waitlist
would cease to be in effect when unallocated power capacity is 100
kW or more, and at the time, the Cabinet Waitlist would apply if
cabinet inventory is 10 or fewer cabinets. Amendment No. 2 for each
filing is available on the Commission's website at: https://www.sec.gov/comments/sr-nyse-2021-12/srnyse202112-8393729-229404.pdf; https://www.sec.gov/comments/sr-nyseamer-2021-08/srnyseamer202108-8393752-229406.pdf; https://www.sec.gov/comments/sr-nysenat-2021-03/srnysenat202103-8394067-229408.pdf; https://www.sec.gov/comments/sr-nysearca-2021-11/srnysearca202111-8393756-229407.pdf; https://www.sec.gov/comments/sr-nysechx-2021-02/srnysechx202102-8394068-229409.pdf. For ease of reference, page
citations to Amendment No. 2 are to NYSE-2021-12 Amendment No. 2.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Changes, as Modified by Amendment
Nos. 1 and 2

A. Background

    As more fully set forth in the Notices and their respective co-
location fee schedules, the Exchanges offer co-location customers
(``Users'') \7\ different

options for purchasing cabinet space to house their servers and other
equipment in co-location and meet their associated power needs.\8\
Cabinets are offered as dedicated or partial cabinets, and Users are
assessed an initial fee depending on type of cabinet purchased, and a
monthly fee based on the number of kilowatts (``kW'') contracted for
the cabinet.\9\ Dedicated cabinets have a standard power allocation of
either 4 kW or 8 kW (the ``Standard Cabinet Power''). Partial cabinets,
which are available in increments of eight-rack units of space, may be
allocated 1 or 2 kW. For dedicated cabinets a User may request power
upgrades in excess of Standard Cabinet Power. A User may request that
such additional power (``Additional Power'') be allocated to a cabinet
when it is first set up or later. A User with a dedicated cabinet, for
example, may develop its infrastructure in a manner that allows for
Additional Power without need for an additional cabinet (e.g., by
overhauling wiring, circuitry and hardware to permit the dedicated
cabinet to handle the increased power).\10\
---------------------------------------------------------------------------

    \7\ For purposes of the Exchanges' co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release Nos. 76008 (September 29, 2015), 80 FR 60190
(October 5, 2015) (SR-NYSE-2015-40); 76009 (September 29, 2015), 80
FR 60213 (October 5, 2015) (SE-NYSEMKT-2015-67); 83351 (May 31.
2018), 83 FR 26314 (June 6, 2018) (SR-NYSENAT-2018-07); 76010
(September 29, 2015), 80 FR 60197 (October 5, 2015) (SR-NYSEArca-
2015-82); and 87408 (October 28, 2019), 84 FR 58778 (November 1,
2019) (SR-NYSECHX-2019-27).
    \8\ See Notice, supra note 4 at 11346. See also, e.g., NYSE
Price List, available at: https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf.
    \9\ See Notice, supra note 4 at 11346.
    \10\ Id.
---------------------------------------------------------------------------

    The Exchanges also offer cabinets that do not have power: Cabinets
for which power is not utilized (``PNU cabinets'').\11\ PNU cabinets
are reserved cabinet space that are not active and can be converted to
a powered, dedicated cabinet when the User requests it. Although PNU
cabinets do not use power, when the Exchanges establish a PNU cabinet,
they allocate unused power capacity to it, depending on the User's
requirements. The allocated power is kept in reserve for the PNU
cabinet, and, upon the User's request, the PNU cabinet may be powered
and used promptly.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    The Exchanges currently have in place general measures for the
conversion of PNU cabinets if such reserved cabinet space is needed for
use,\12\ and procedures for allocating cabinet space should cabinet
inventory fall and remain below specified thresholds.\13\ The Exchanges
now propose to establish procedures for allocating power when cabinet
inventory (and associated Standard Cabinet Power) and/or power
inventory fall below specified thresholds.\14\
---------------------------------------------------------------------------

    \12\ See Notice, supra note 4 at 11346 and n. 10.
    \13\ See Securities Exchange Act Release No. 90732 (December 18,
2020), 85 FR 84443 (December 28, 2020) (SR-NYSE-2020-73, SR-
NYSEAMER-2020-66, SR-NYSEArca-2020-82, SR-NYSECHX-2020-26, and SR-
NYSENAT-2020-28) (Notice of Filings of Amendment No. 1 and Order
Granting Approval of Proposed Rule Changes, Each as Modified by
Amendment No. 1, Amending the Exchanges' Co-Location Services To
Establish Procedures for the Allocation of Cabinets to Co-Located
Users if Cabinet Inventory Falls Below Certain Thresholds).
    \14\ See Notice, supra note 4 at 11346.
---------------------------------------------------------------------------

B. Proposed Limits and Waitlist Procedures if Standard Cabinet Power
and/or Additional Power Fall Below Specified Thresholds

    The Exchanges represent that Users have had an unprecedented demand
for power, largely driven by the demands caused by volatile market
conditions related to the COVID-19 pandemic and higher than usual
trading volumes.\15\ The further state that they are currently working
to expand the amount of power and number of cabinets available in co-
location.\16\ Although current procedures address the potential for
cabinet space to become limited, they do not address the potential for
power in co-location to become limited due to heightened demand for (i)
cabinets and associated Standard Cabinet Power and/or (ii) Additional
Power.\17\ The Exchanges now propose to establish procedures to address
this possibility.
---------------------------------------------------------------------------

    \15\ Id.
    \16\ Id.
    \17\ See Notice, supra note 4 at 11346 and Amendment No. 1 at 2-
3.
---------------------------------------------------------------------------

    Specifically, the Exchanges propose to amend General Notes 7 and 8
on their respective fee schedules to supplement existing cabinet
allocation procedures with power allocation procedures. As further
explained in Amendment No. 1, a shortage in power or a shortage in both
power and cabinets could impede the ability of the Exchanges to satisfy
User demand for cabinets (which come with Standard Cabinet Power) and/
or Additional Power. Accordingly, the proposed procedures establish
power allocation procedures when (i) cabinet inventory falls to 40
cabinets or fewer (the ``Cabinet Threshold''), and/or (ii) total power
inventory falls to 350 kW or below (the ``Power Threshold'').
    General Note 7 currently provides that if the Cabinet Threshold is
reached, a User would be required to convert or relinquish its PNU
cabinets before purchasing new cabinets, and limit its purchase of new
cabinets (dedicated and partial) to a maximum of four dedicated
cabinets (which may be comprised of dedicated and partial cabinets,
with two partial cabinets counting as one dedicated cabinet).\18\ The
Exchanges propose to amend General Note 7 to provide for limits on
power reservation and new purchases if the Cabinet Threshold and/or the
Power Threshold is reached.
---------------------------------------------------------------------------

    \18\ See supra note 13.
---------------------------------------------------------------------------

    If only the Cabinet Threshold is reached, the following limits
(``Cabinet Limits'') would apply: (i) All Users with PNU cabinets would
be required to either convert their PNU cabinets into dedicated
cabinets or relinquish their PNU cabinets; and (ii) the Exchanges would
cease offering or providing new PNU cabinets to all Users and Users
would not be permitted to convert a currently used dedicated cabinet to
a PNU cabinet.\19\ As a result, the space and power reserved for PNU
cabinets would be available for active use, and a User would be
prevented from reserving but not using this resource when other Users
are subject to purchasing limits.\20\ In addition, new cabinet
purchases would be limited, to a maximum of four dedicated cabinets
(which may be comprised of dedicated and partial cabinets, with two
partial cabinets counting as one dedicated cabinet), as is currently
the case.
---------------------------------------------------------------------------

    \19\ The Exchange will notify each User with a PNU cabinet that
the User has 30 business days to decide whether to contract to
convert the PNU cabinet to a dedicated cabinet. If the User does not
contract to use the PNU cabinet as a dedicated cabinet within such
time, the PNU cabinet will be relinquished. See Notice, supra note 4
at 11347.
    \20\ See Notice, supra note 4 at 11347, 11349.
---------------------------------------------------------------------------

    If only the Power Threshold is reached, or both the Cabinet
Threshold and the Power Threshold are reached, then ``Combined Limits''
would apply: (i) All Users with PNU cabinets similarly would be
required to either convert their PNU cabinets into dedicated cabinets
or relinquish their PNU Cabinets; (ii) the Exchanges similarly would
cease offering or providing new PNU cabinets to all Users and Users
would not be permitted to convert a currently used dedicated cabinet to
a PNU cabinet. As a result, the space and power reserved for PNU
cabinets would be available for active use, and a User would be
prevented from reserving but not using this resource when other Users
are subject to purchasing limits. \21\ In addition if the Combined
Limits are in effect, then a User may purchase either or both of the
following, so long as the combined power usage of such purchases is no
more than a maximum of 32 kW: (A) New cabinets (dedicated and partial),
subject to a maximum of four dedicated cabinets with standard power

allocations of 4 kW or 8 kW, or (B) Additional Power for new or
existing cabinets. \22\
---------------------------------------------------------------------------

    \21\ See id.
    \22\ See Notice, supra note 4 at 11347. The purchase may be
comprised of a mix of dedicated and partial cabinets, with two
partial cabinets counting as one dedicated cabinet. Id. Consistent
with current procedures, the Exchanges propose that a User will have
to wait 30 days from the date of its signed order form before
purchasing new cabinets or Additional Power again. Also consistent
with current procedure, the Exchanges propose that if a User
requests, in writing, a number of new cabinets and/or an amount of
Additional Power that, if provided, would cause the unallocated
power capacity to be below the Power Threshold or Cabinet Threshold,
the Combined Limits would apply only to the portion of the User's
order below the relevant threshold. Id.
---------------------------------------------------------------------------

    Amended General Note 7 would also specify that when the number of
available cabinets is greater than 40 (above the Cabinet Threshold),
the Cabinet Limits would cease to apply, and when the available power
is greater than 350 kW (above the Power Threshold), the Combined Limits
would cease to apply.\23\
---------------------------------------------------------------------------

    \23\ See Notice, supra note 4 at 11347. If the Cabinet Threshold
is reached before the Power Threshold, the Cabinet Limits will be in
effect until the Power Threshold is reached, after which the
Combined Limits will apply. Id. If the Combined Limits are
discontinued when unallocated cabinet inventory is 40 or fewer
cabinets, the Cabinet Limits would enter into effect. Id.
---------------------------------------------------------------------------

    General Note 8 currently sets forth waitlist procedures if cabinet
inventory falls to zero. The Exchanges propose to amend General Note 8
to provide for both a ``Cabinet Waitlist'' and ``Combined Waitlist.''
Specifically, if cabinet inventory is zero (or a User requests, in
writing, a number of cabinets that, if provided, would cause the
available inventory to be zero), then a Cabinet Waitlist would be
initiated. If a Cabinet Waitlist is in effect, then the following will
apply: (i) Users will be required to either convert their PNU cabinets
into dedicated cabinets or relinquish their PNU cabinets; (ii) a User
would be placed on the Cabinet Waitlist based on the date its signed
order is received and may only have one order for new cabinets at a
time; (iii) a User may change the size of its cabinet order while it is
on the Cabinet Waitlist, provided that the User may not increase the
size of its order such that it would exceed the Cabinet Limits; (iv) as
cabinets become available, the Exchanges would offer them to the User
at the top of the waitlist; (v) a User would be removed from the
Cabinet Waitlist when its order is completed and would remain at the
top of the Cabinet Waitlist if its order is not completed; (vi) a User
would be removed from the Cabinet Waitlist (a) at the User's request or
(b) if the User turns down an offer of a cabinet of the same size it
requested in its order; (vii) a User may turn down an Exchange's offer
of a cabinet of a different size than the User requested in its order
and remain at the top of the waitlist until its order is completed.;
and (viii) a User that is removed from the Cabinet Waitlist but
subsequently submits a new written order for cabinets would be added to
the bottom of the Cabinet Waitlist.\24\ The Exchanges would cease use
of the Cabinet Waitlist when unallocated cabinet inventory is more than
10 cabinets.\25\
---------------------------------------------------------------------------

    \24\ See Notice, supra note 4 at 11347.
    \25\ Id.
---------------------------------------------------------------------------

    Similarly, if unallocated power capacity is zero (or if a User
requests, in writing, an amount of power (whether Standard Cabinet
Power or Additional Power) that, if provided, would cause the
unallocated power capacity to be below zero) then a Combined Waitlist
would be initiated. If a Combined Waitlist is in effect, then,
operating in substantially the same manner as the Cabinet Waitlist, the
following would apply: (i) All Users with PNU cabinets will be required
to either convert their PNU cabinets into dedicated cabinets or
relinquish their PNU cabinets; (ii) A User would be placed on the
Combined Waitlist based on the date its signed order for cabinets and/
or Additional Power is received, and may only have one order on the
Combined Waitlist at a time; (iii) a User may change the size of its
order while it is on the Combined Waitlist, provided that the User may
not increase the size of its order such that it would exceed the
Combined Limits; (iv) as Additional Power and/or cabinets become
available, the Exchanges would offer them to the User at the top of the
waitlist; (vi) a User would be removed from the Combined Waitlist when
its order is completed and would remain at the top of the Combined
Waitlist if its order is not completed; (vi) a User would be removed
from the Combined Waitlist (a) at the User's request or (b) if the
Exchange User turns down an offer of the same size it requested in its
order; (vii) if the Exchange offers the User an offer that is different
than its order, the User may turn down the offer and remain at the top
of the waitlist until its order is completed.; (viii) a User that is
removed from the Combined Waitlist but subsequently submits a new
written order would be added to the bottom of the waitlist.\26\ The
Exchanges would cease use of the Combined Waitlist when unallocated
power capacity it 100 kW or more; if at that time the unallocated
cabinet inventory is 10 or fewer cabinets, the Cabinet Waitlist would
enter into effect.\27\
---------------------------------------------------------------------------

    \26\ See Notice, supra note 4 at 11347. If a Cabinet Waitlist
exists when the requirements to create a Combined Waitlist are met,
the Cabinet Waitlist will convert to the Combined Waitlist. If a
Combined Waitlist exists when the requirements to create a Cabinet
Waitlist are met, a new waitlist will not be created, and the
Combined Waitlist will continue in effect. Id.
    \27\ See Amendment No. 2.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
changes, each as modified by Amendment Nos. 1 and 2 are consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\28\ In particular, the
Commission finds that the proposed rule changes, each is modified by
Amendment Nos. 1 and 2, are consistent with Section 6(b)(5) of the
Act,\29\ which requires that the rules of a national securities
exchange be designed, among other things, 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, in general,
to protect investors and the public interest, and not be designed to
permit unfair discrimination between customers, issuers, brokers or
dealers.
---------------------------------------------------------------------------

    \28\ In approving this proposed rule change, as modified by
Amendment Nos. 1 and 2, the Commission notes that it has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \29\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchanges propose rational objective procedures to address
circumstances in which the supply of available power in co-location
becomes limited due to heightened demand for Standard Cabinet Power
and/or Additional Power. As the Exchanges work to expand the amount of
power and number of cabinets available in co-location to address
unprecedented demand, the establishment of allocation procedures when
the proposed thresholds are crossed offers a reasonable buffer that
would allow for limited purchases of Standard Cabinet Power or
Additional Power before a waitlist is initiated. The Commission
believes that the proposed Cabinet Limits and Combined Limits are
reasonably designed to facilitate an equitable distribution if the
cabinet inventory or power supply are insufficient to fully satisfy
User demand, and are not designed to permit unfair discrimination
between customers, issuers, brokers or dealers. Further, the proposed
Cabinet Waitlist

and Combined Waitlist are reasonably designed to facilitate an
equitable allocation of these resources while preventing Users from
utilizing the waitlist as a method to obtain a greater portion of the
power available. When cabinets and power are no longer at or below the
specified thresholds, the proposed limits and waitlists will cease to
apply. For the foregoing reasons, Commission finds that the proposals,
each as modified by Amendment Nos. 1 and 2, are consistent with the
Act.

IV. Solicitation of Comments on Amendment Nos. 1 and 2

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment Nos. 1
and 2 to 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 Numbers SR-NYSE-2021-12, SR-NYSEAMER-2021-08, SR-NYSENAT-2021-03,
SR-NYSEArca-2021-11, SR-NYSECHX-2021-02 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 Numbers SR-NYSE-2021-12, SR-
NYSEAMER-2021-08, SR-NYSENAT-2021-03, SR-NYSEArca-2021-11, SR-NYSECHX-
2021-02. 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 Numbers SR-NYSE-2021-12, SR-NYSEAMER-
2021-08, SR-NYSENAT-2021-03, SR-NYSEArca-2021-11, SR-NYSECHX-2021-02
and should be submitted on or before May 5, 2021.

V. Accelerated Approval of Proposed Rule Changes, Each as Modified by
Amendment Nos. 1 and 2

    The Commission finds good cause to approve the proposed rule
changes, each as modified by Amendment Nos. 1 and 2, prior to the 30th
day after the date of publication of notice of Amendment Nos. 1 and 2
in the Federal Register. Amendment No. 1. revises the proposals to: (i)
Provide additional explanation for why the Exchanges believe it is
reasonable to integrate the procedures for the allocation of power with
the procedures for the allocation of cabinets; (ii) clarify that a User
may not increase its order on the Cabinet Waitlist or Combined Waitlist
to a size that would exceed the Cabinet Limits or Combined Limits, as
applicable; and (iii) correct typographical errors. Amendment No. 2
revises a portion of the proposed text of General Note 8 to state more
clearly that the Combined Waitlist would cease to be in effect when
unallocated power capacity it 100 kW or more, and at the time, the
Cabinet Waitlist would apply if cabinet inventory is 10 or fewer
cabinets. The Commission believes that Amendment Nos. 1 and 2 provide
additional clarity and detail to the rule text and additional
explanation for the basis of the proposal, thereby facilitating the
Commission's ability to make the findings set forth above to approve
the proposal.
    Accordingly, pursuant to Section 19(b)(2) of the Exchange Act,\30\
the Commission finds good cause to approve the proposed rule changes,
each as modified by Amendment Nos. 1 and 2, on an accelerated basis.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\31\ that the proposed rule changes (SR-NYSE-2021-12, SR-NYSEAMER-
2021-08, SR-NYSENAT-2021-03, SR-NYSEArca-2021-11, SR-NYSECHX-2021-02),
each as modified by Amendment Nos. 1 and 2 be, and hereby are, approved
on an accelerated basis.
---------------------------------------------------------------------------

    \31\ See id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07598 Filed 4-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Rules and Regulations]
[Page 26365]
[FR Doc No: 2014-09881]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0954; Airspace Docket No. 13-AGL-35]

Amendment of Class D Airspace; St. Paul, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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

SUMMARY: This action amends a typographical error in the geographic
coordinates of South St. Paul Municipal Airport-Richard E. Fleming
Field in a final rule technical amendment published in the Federal
Register of March 4, 2014, that amends Class D airspace in the St.
Paul, MN, area.

DATES: Effective date: 0901 UTC, May 29, 2014. 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 March 4, 2014, a final rule technical amendment was published in
the Federal Register amending Class D airspace in St. Paul, MN (79 FR
12050, Docket No. FAA-2013-0954). Subsequent to publication, the FAA
found a typographical error in the geographic coordinates for South St.
Paul Municipal Airport-Richard E. Fleming Field. This action corrects
that error.

Final Rule Correction

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of March 4, 2014 (79 FR 12050) FR Doc. 2014-04447, the
geographic coordinates in the regulatory text on page 12051, column 2,
line 9, is corrected as follows:

Sec.  71.1  [Amended]

AGL MN D St. Paul, MN [Corrected]

    Remove (Lat. 44[deg]51''2605' N.,) and add in its place (Lat.
44[deg]51'26'' N., 93[deg]01'58'' W.)

    Issued in Fort Worth, Texas, on April 11, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-09881 Filed 5-7-14; 8:45 am]
BILLING CODE 4910-13-P