[Federal Register: May 7, 2007 (Volume 72, Number 87)]
[Notices]
[Page 25823]
[DOCID:fr07my07-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55683; File No. SR-ISE-2006-77]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Granting Approval to Proposed Rule Change, as Modified by
Amendment No. 1, Relating to Penny Increments for Block Mechanism
Orders

April 30, 2007.

I. Introduction

    On December 13, 2006, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to allow orders to be entered
into the Block Mechanism in penny increments and to receive executions
in penny increments. On March 19, 2007, the Exchange filed Amendment
No. 1 to the proposed rule change. The proposed rule change was
published for comment in the Federal Register on March 27, 2007.\3\ The
Commission received no comment letters on the proposal. This order
approves the proposed rule change as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55493 (March 20,
2007), 72 FR 14315.
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II. Description of the Proposal

    The Exchange currently offers a Block Mechanism for the execution
of single-sided, block-sized orders.\4\ The Block Mechanism exposes
orders of at least 50 contracts to all ISE members for three seconds,
giving members an opportunity to respond with contra-side trading
interest for their own account or on behalf of their customers.\5\
Currently, orders may be entered and executed using the Block Mechanism
at the standard 5 and 10 cent increments and at ``split prices'' (2.5
cents for options trading in 5 cent standard increments and 5 cents for
options trading in 10 cent standard increments). The Exchange proposes
to amend ISE Rule 716 to allow these orders to be entered and executed
in penny increments. Such orders would no longer be permitted to be
executed at split prices.
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    \4\ See ISE Rule 716(c).
    \5\ Supplementary Material .03 to ISE Rule 716 prohibits members
from entering Responses for the account of an options market maker
from another options exchange. This is the only limitation regarding
who may enter Responses.
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III. Discussion

    After careful review of the proposal, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\6\ In
particular, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\7\ which requires, among other things, that
the rules of an exchange be designed to prevent fraudulent and
manipulative acts, 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. Specifically, the Commission
believes that the proposed rule change is consistent with the Act
because it will provide greater flexibility in the pricing of block-
size orders and enhanced opportunities for block-size orders to receive
price improvement.
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    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-ISE-2006-77), as modified by
Amendment No. 1, be, and hereby is, approved.
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    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-8597 Filed 5-4-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]
[Page 30274-30277]
[DOCID:fr01jn10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0866; Directorate Identifier 2009-NM-074-AD;
Amendment 39-16317; AD 2010-11-12]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model MD-
11 and MD-11F Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Model MD-11 and MD-11F airplanes. That
AD currently requires a one-time inspection to determine if metallic
transitions are installed on wire harnesses of the tail tank fuel
transfer pumps, and to determine if damaged wires are present; and
repair, if necessary. That AD also requires repetitive inspections of
the repaired area; and a permanent modification of the wire harnesses
if metallic transitions are not installed, which would terminate the
repetitive inspections. This new AD requires modifying the case
grounding for the alternate fuel pump of the tail tank, the leak
detection thermal switch grounding for the number 2 engine, and wire
braid grounding in the empennage and number 2 engine inlet. This AD
also removes one airplane from the applicability of the existing AD.
This AD results from reports that the wire assembly for the alternate
fuel pump is missing a case ground wire, and the lightning protection
wire braid for wire assemblies located in the empennage and number 2
engine inlet are grounded improperly. We are issuing this AD to prevent
insufficient grounding of the fuel pump, which in combination with an
electrical failure within the fuel pump and a compromised electrical
bond could cause a fuel tank ignition, resulting in consequent fire or
explosion.

DATES: This AD becomes effective July 6, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 6, 2010.
    On January 18, 2000 (64 FR 69389, December 13, 1999), the Director
of the Federal Register approved the incorporation by reference of
certain other publications listed in the AD.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 99-25-14, amendment 39-
11457 (64 FR 69389, December 13, 1999). The existing AD applies to
certain Model MD-11 and MD-11F airplanes. That NPRM was published in
the Federal Register on September 18, 2009 (74 FR 47900). That NPRM
proposed to continue to require a one-time inspection to determine if
metallic transitions are installed on wire harnesses of the tail tank
fuel transfer pumps, and to determine if damaged wires are present; and
repair, if necessary. That NPRM also proposed to continue to require
repetitive inspections of the repaired area; and a permanent
modification of the wire harnesses if metallic transitions are not
installed, which would terminate the repetitive inspections. That NPRM
also proposed to require modifying the case grounding for the alternate
fuel pump of the tail tank, the leak detection thermal switch grounding
for the number 2 engine, and wire braid grounding in the empennage and
number 2 engine inlet. That NPRM also proposed to remove one airplane
from the applicability of the existing AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received from the commenter. The
commenter, FedEx Express, agrees with the requirements of the proposed
AD.

Request To Change Proposed Costs of Compliance

    FedEx Express requests that the costs for concurrently required
actions be included in the proposed Costs of Compliance. FedEx Express
states that the estimated costs need to be revised since concurrent
requirements are included in Boeing Alert Service Bulletin MD11-28A140,
dated November 6, 2008, which is cited in the NPRM as the appropriate
guidance for modifying the case grounding, leak detention thermal
switch grounding, and wire braid grounding. That service bulletin
specifies that McDonnell Douglas Service Bulletin MD11-28-102, Revision
01, dated June 23, 1999, must be done before or at the same time as
Boeing Alert Service Bulletin MD11-28A140.
    FedEx Express states that McDonnell Douglas Service Bulletin MD11-
28-102, Revision 01, dated June 23, 1999, constitutes terminating
action for AD 99-25-14, and it takes 28.8 hours for Group 1 (12
airplanes) and 40.4 hours for Group 2 (1 airplane). FedEx Express
states that, considering all U.S.-registered airplanes are in Group 1
(9 airplanes), this will cost $20,736 in labor with no cost for parts.
    FedEx Express states that Boeing Alert Service Bulletin MD11-28A140
specifies that it takes 18.5 hours for Group 1 (12 airplanes) and 24.5
hours for Group 2 (1 airplane). FedEx Express asserts that, considering
all U.S.-registered airplanes are in Group 1 (9 airplanes), this will
cost $13,320 for labor and $11,232 for parts.
    FedEx Express states that the proposed AD will cost approximately
$34,056 in labor and $11,232 in parts with a total cost of $45,288.
Therefore, FedEx Express asserts the estimated cost for the proposed AD
should be stated as: Rework (required by AD 99-25-14) $20,736 and
Modification (new proposed action) $24,552, resulting in a total fleet
cost (U.S.-registered airplanes) of $45,288.
    We disagree with FedEx Express's request to include McDonnell
Douglas Service Bulletin MD11-28-102, Revision 01, dated June 23, 1999,
in the Costs of Compliance section of this AD. The costs in AD 99-25-14
only specify the cost for the inspection, and not the modification. The
modification specified in that service bulletin is an ``on-condition''
requirement in existing AD 99-25-14. The modification is considered on-
condition for airplanes that are not equipped with metallic transitions
as specified in paragraph (g)(2) of this AD. The economic analysis of
an AD is limited to the cost of actions that are actually required and
it does not consider the costs of ``on-condition'' actions (that is,
actions needed to correct an unsafe condition) because, regardless of
AD direction, those actions would be required to correct an unsafe
condition identified in an airplane and ensure operation of that
airplane in an airworthy condition, as required by the Federal Aviation
Regulations. We have not changed the final rule regarding this issue.

Explanation of Change Made To This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Explanation of Change Made to Service Bulletin Citations

    We have revised this AD to provide full service bulletin citations
throughout this AD.

Conclusion

    We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Explanation of Changes to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.
    We have revised the cost of parts from $80 to $0 in the section
``Inspection (required by AD 99-25-14)'' in this AD. In the NPRM, we
inadvertently included a cost of $80 in the parts column of the
``Estimated Costs'' table.

Costs of Compliance

    There are about 13 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                          Average                                                  U.S.-
                  Action                    Work hours   labor rate     Parts           Cost per airplane        registered           Fleet cost
                                                          per hour                                               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection (required by AD 99-25-14).....            1          $85           $0  $85, per inspection cycle...            9  $765, per inspection cycle.
Modification (new required action).......           16           85        1,248  $2,608......................            9  $23,472.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-11457 (64 FR 69389, December 13, 1999) and by
adding the following new airworthiness directive (AD):

2010-11-12 McDonnell Douglas Corporation: Amendment 39-16317. Docket
No. FAA-2009-0866; Directorate Identifier 2009-NM-074-AD.

Effective Date

    (a) This AD becomes effective July 6, 2010.

Affected ADs

    (b) This AD supersedes AD 99-25-14, Amendment 39-11457.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-11
and MD-11F airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin MD11-28A140, dated November 6, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from reports that the wire assembly for the
alternate fuel pump is missing a case ground wire, and the lightning
protection wire braid for wire assemblies located in the empennage
and number 2 engine inlet are grounded improperly. The Federal
Aviation Administration is issuing this AD to prevent insufficient
grounding of the fuel pump, which in combination with an electrical
failure within the fuel pump and a compromised electrical bond could
cause a fuel tank ignition, resulting in consequent fire or
explosion.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 99-25-14 with No Changes

Inspection and Corrective Actions

    (g) Within 30 days after January 18, 2000 (the effective date of
AD 99-25-14), perform a one-time visual inspection of the wire
harnesses of the tail tank fuel transfer pumps to determine if
metallic transitions are installed, and to determine if damaged
wires are present, in accordance with McDonnell Douglas Alert
Service Bulletin MD11-28A101, dated August 24, 1998.
    (1) If all metallic transitions are installed, no further action
is required by paragraph (g) of this AD.
    (2) If metallic transitions are not installed, accomplish the
following:
    (i) Prior to further flight, accomplish the temporary repair in
accordance with condition 2 of McDonnell Douglas Alert Service
Bulletin MD11-28A101, dated August 24, 1998;
    (ii) Repeat the visual inspection thereafter at intervals not to
exceed 2 years; and
    (iii) Within 5 years after January 18, 2000, permanently modify
the wire harnesses in accordance with McDonnell Douglas Service
Bulletin MD11-28-102, Revision 01, dated June 23, 1999.
Accomplishment of this modification constitutes terminating action
for the repetitive inspection requirements of this AD.

    Note 1:  Modification of the wire harnesses accomplished prior
to January 18, 2000, in accordance with McDonnell Douglas Service
Bulletin MD11-28-102, dated January 29, 1999, is considered
acceptable for compliance with the modification required by
paragraph (g)(2)(iii) of this AD.

New Requirements of This AD

Modification

    (h) Within 72 months after the effective date of this AD, modify
the case grounding for the alternate fuel pump of the tail tank, the
leak detection thermal switch grounding for the number 2 engine, and
wire braid grounding in the empennage and number 2 engine inlet, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD11-28A140, dated November 6, 2008.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14

CFR 39.19. Send information to ATTN: Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles ACO, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5262; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (j) You must use the applicable service information contained in
Table 1 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
               Document                               Revision                               Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin MD11-     Original...........................  November 6, 2008.
 28A140.
McDonnell Douglas Alert Service         Original...........................  August 24, 1998.
 Bulletin MD11-28A101..
McDonnell Douglas Service Bulletin      Revision 01........................  June 23, 1999.
 MD11-28-102.
----------------------------------------------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the
incorporation by reference of Boeing Alert Service Bulletin MD11-
28A140, dated November 6, 2008, under 5 U.S.C. 552(a) and 1 CFR part
51.
    (2) The Director of the Federal Register previously approved the
incorporation by reference of McDonnell Douglas Alert Service
Bulletin MD11-28A101, dated August 24, 1998; and McDonnell Douglas
Service Bulletin MD11-28-102, Revision 01, dated June 23, 1999; on
January 18, 2000 (64 FR 69389, December 13, 1999).
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12667 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P


2015 Ozone Transport FIP Meeting Title:	Follow-up Discussion of Good Neighbor Plan with Clean Energy Group Members and ERM Date/Time: May 18, 2022 (4 pm ET) Agenda/Meeting Summary:	 Discussion addressing questions and concerns regarding several of the GNP's proposed provisions, including unit-specific emission limitations contingent on assurance level exceedances as well as timing of the allowance bank recalibration. Participants/Affiliations: Name Affiliation David Lifland US EPA Beth Murray US EPA Garrett Powers US EPA Cathy Waxman National Grid Tom Curry ERM Hayley Book ERM William Slade Con Edison


[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12205-12210]
[FR Doc No: 2023-03931]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 230, 232, 239, 240, and 260

[Release Nos. 33-11159; 34-96959; 39-2548]

Extending Form 144 EDGAR Filing Hours

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: We are adopting an amendment to Regulation S-T to extend the
filing deadline for Form 144 from 5:30 p.m. to 10 p.m., Eastern
Standard Time or Eastern Daylight Saving Time, whichever is currently
in effect, on Commission business days. We are also adopting technical
amendments to enhance the consistency of recently revised provisions
related to the filing format of Form 144.

DATES: Effective date: The amendments are effective on March 20, 2023.

FOR FURTHER INFORMATION CONTACT: Mark W. Green, Senior Special Counsel,
Office of Rulemaking, Division of Corporation Finance at (202) 551-
3430.

SUPPLEMENTARY INFORMATION: We are adopting amendments to:

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

----------------------------------------------------------------------------------------------------------------
Commission reference                                                                   CFR citation
                                                                          (17 CFR)
----------------------------------------------------------------------------------------------------------------
Securities Act of 1933 [15 U.S.C. 77a   Rule 110........................  Sec.   230.110.
 et seq.] (``Securities Act'').
Regulation S-T........................  ................................  Sec.  Sec.   232.10 through 232.903.
                                        Rule 12.........................  Sec.   232.12.
                                        Rule 13.........................  Sec.   232.13.
                                        Rule 101........................  Sec.   232.101.
Securities Act........................  Form 144........................  Sec.   239.144.
Securities Exchange Act of 1934 [15     Rule 0-2........................  Sec.   240.0-2.
 U.S.C. 78a et seq.] (``Exchange
 Act'').
Trust Indenture Act of 1939 [15 U.S.C.  Rule 0-5........................  Sec.   260.0-5.
 77aaa et seq.] (``Trust Indenture
 Act'').
----------------------------------------------------------------------------------------------------------------

I. Discussion

    On June 2, 2022, the Commission adopted rule and form amendments to
mandate the electronic filing on EDGAR \1\ of Forms 144 \2\ reporting
the sale of securities of issuers subject to the reporting requirements
of section 13 or 15(d) of the Exchange Act \3\ (``reporting
issuers'').\4\ The Electronic Filing Release provides that the
requirement to file Form 144 electronically regarding reporting issuers
will begin six months after the date of publication in the Federal
Register of the Commission release that adopts the version of the EDGAR
Filer Manual addressing updates to Form 144. The Commission adopted
that version of the EDGAR Filer Manual on September 19, 2022, and the
Federal Register published it on October 13, 2022.\5\ Accordingly, the
Commission issued an announcement stating that the electronic filing
requirement will begin on April 13, 2023.\6\
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    \1\ The Commission receives filings through its Electronic Data
Gathering, Analysis, and Retrieval (``EDGAR'') system.
    \2\ Form 144 is referenced in 17 CFR 239.144. Pursuant to 17 CFR
230.144(h) (``Rule 144(h)'' under the Securities Act), an affiliate
who intends to resell restricted or control securities of the issuer
in reliance upon 17 CFR 230.144 (``Rule 144'' under the Securities
Act) during any three-month period in a transaction that exceeds
either 5,000 shares or has an aggregate sales price of more than
$50,000 must file a Form 144 concurrently with either the placing of
an order with a broker to execute the sale or the execution of a
sale directly with a market maker.
    \3\ 15 U.S.C. 78m or 78(o)(d), respectively. Specifically, 17
CFR 230.144(h)(1) (``Rule 144(h)(1)'' under the Securities Act)
requires electronic filing on EDGAR of Forms 144 reporting the sale
of securities of issuers that are, and have been for at least 90
days immediately before the sale, subject to the reporting
requirements of section 13 or 15(d) of the Exchange Act.
    \4\ See Updating EDGAR Filing Requirements and Form 144 Filings,
Release No. 33-11070 (Jun. 2, 2022) [87 FR 35393 (Jun. 10, 2022)]
(``Electronic Filing Release''). The Electronic Filing Release
removed and reserved then 17 CFR 232.101(b)(4) (then ``Rule
101(b)(4)'' of Regulation S-T), which permitted electronic filing of
Form 144 regarding reporting issuers and added 17 CFR
232.101(a)(1)(xxvii) (``Rule 101(a)(1)(xxvii)''), which will require
it. The Electronic Filing Release also adopted conforming amendments
and amendments to mandate the electronic filing or submission of
other documents.
    \5\ See Adoption of Updated EDGAR Filer Manual, Release No. 33-
11101 (Sept. 19, 2022) [87 FR 61977 (Oct. 13, 2022)] (``EDGAR Filer
Manual Release''). The updates to Form 144 included making a
fillable Form 144 available on the EDGAR Online Forms website for
electronic filing on EDGAR.
    \6\ See Form 144 Electronic Filing Compliance Date is April 13,
2023 (modified Oct. 18, 2022) available at https://www.sec.gov/oit/
announcement/form-144-electronic-filing-compliance-
date#:~:text=Announcement%20Form%20144%20electronic%20filing%20compli
ance%20date%20is,from%20paper%20to%20electronic%20filing%20of%20Form%
20144.
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    Under current rules, a Form 144 submitted by direct transmission
after 5:30 p.m. is deemed filed the next business day.\7\ Section 17
CFR 232.13(a)(2) (``Rule 13(a)(2)'' of Regulation S-T) provides that,
subject to specified exceptions, a filing that meets stated basic
requirements, submitted by direct transmission:
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    \7\ All references in this release to submission times and dates
are to Eastern Standard Time or Eastern Daylight Saving Time,
whichever is currently in effect, on weekdays that are not federal
holidays (``business days'').
---------------------------------------------------------------------------

     No later than 5:30 p.m., will be deemed filed on the same
business day; and
     After 5:30 p.m., will be deemed filed the next business
day.\8\
---------------------------------------------------------------------------

    \8\ Rule 13(a)(2) expressly refers to direct transmissions
``commencing'' at these times. A direct transmission typically takes
milliseconds to complete. Consequently, as a practical matter, a
direct transmission begins and ends at the same time. As a result,
for simplicity, this release generally omits reference to when a
direct transmission begins or ends.
---------------------------------------------------------------------------

    Title 17 CFR 232.13(a)(4) (``Rule 13(a)(4)'') provides that,
notwithstanding Rule 13(a)(2), a Form 3, 4, or 5 \9\ or Schedule 14N
\10\ submitted by direct transmission on or before 10:00 p.m. will be
deemed filed on the same business day.\11\ When the Commission mandated
electronic filing of Forms 3, 4, and 5 in 2003, it stated that its
``objective . . . is to create a system that insiders can use
relatively easily themselves'' and ``agree[d with commenters] that
extended filing hours would ease filers' administrative burdens,
without impairing prompt public availability of the filed
information.'' \12\ Similarly, when the Commission adopted Schedule 14N
in 2010, it cited administrative considerations and added Schedule 14N
to the list of filing types with extended filing hours in Rule
13(a)(4).\13\
---------------------------------------------------------------------------

    \9\ 17 CFR 249.103, 249.104, and 249.105, respectively. In
general, a reporting company's officers, directors and principal
shareholders subject to section 16 of the Exchange Act (15 U.S.C.
78p), must file Forms 3, 4, and 5 to report beneficial ownership of
and transactions in the company's securities.
    \10\ 17 CFR 240.14n-101. Generally, a shareholder or group of
shareholders that submits a nominee or nominees for inclusion in a
reporting company's proxy materials under the circumstances 17 CFR
240.14n-1 specifies, must file a Schedule 14N with the Commission
and, simultaneously, provide it to the company.
    \11\ In 2022, the Commission proposed amending Rule 13(a)(4) to
add references to 17 CFR 240.13d-101 and 240.13d-102 (Schedules 13D
and 13G, respectively) in connection with its proposal to accelerate
their filing deadlines. See Modernization of Beneficial Ownership
Reporting, Release No. 33-11030 (Feb. 10, 2022) [87 FR 13846 (Mar.
10, 2022)]. Citing the proposed deadlines, the Commission stated
that it anticipated that the proposed amendment to Rule 13(a)(4)
``would ease filers' administrative burdens.'' Id. We are taking no
action in regard to these proposals at this time.
    \12\ See Mandated Electronic Filing and website Posting for
Forms 3, 4 and 5, Release No. 33-8230 (May 7, 2003) [68 FR 25788
(May 13, 2003)]. Also in regard to easing administrative burden, the
Commission noted in this release that it had made available ``a new
on-line filing system [accessible through the Commission's website]
to make it easier to [electronically] file Forms 3, 4 and 5.'' Id.
    \13\ See Facilitating Shareholder Director Nominations, Release
No. 33-9136 (Aug. 25 2010) [75 FR 56668 (Sept. 16, 2010)] (The
Commission adopted an amendment to Rule 13(a)(4) to add a reference
to Schedule 14N ``to allow nominating shareholders additional time
to file the . . . Schedule 14N and transmit [it] to the company.'').
---------------------------------------------------------------------------

    The Commission is similarly sensitive to the effort required to
electronically file a Form 144.\14\ Accordingly, the Commission noted
in the Electronic Filing Release that Form 144 filers will benefit from
``planned changes to make [Form 144] an online fillable document that
would facilitate electronic filing''.\15\

In a further effort to facilitate electronic filing of Form 144, we are
now amending Rule 13(a)(4) to include Form 144.\16\ As a result, upon
effectiveness of these amendments, a Form 144 that otherwise complies
with applicable filing requirements that is submitted by direct
transmission after 5:30 p.m., but no later than 10:00 p.m., will be
deemed filed the same business day.
---------------------------------------------------------------------------

    \14\ In this regard, we note that, similar to Forms 3, 4, and 5
and Schedule 14N, the obligation to file a Form 144 may be incurred
by a natural person.
    \15\ See Electronic Filing Release (``An online fillable form
will enable the convenient input of information, and support the
electronic assembly of such information and transmission to EDGAR,
without requiring a Form 144 filer to purchase or maintain
additional software or technology. The fillable form will be similar
to other fillable forms that are currently available to file other
Form-specific . . . filings . . . such as Forms . . . 3, 4, and
5.''). An online fillable Form 144 is now available. See the EDGAR
Filer Manual Release.
    \16\ To make the language within Rule 13(a) more consistent, we
also are amending Rule 13(a)(4) by adding ``commencing'' between
``transmission'' and ``on'' in the current phrase ``submitted by
direction transmission on or before 10 p.m.''
---------------------------------------------------------------------------

    EDGAR will be updated to include Forms 144 and 144/A \17\ among the
submission types that EDGAR will accept and disseminate on the same day
if the submissions are made from 6:00 a.m. to 10:00 p.m. We expect
these updates to be completed on or about March 20, 2023, and disclosed
in the Commission release that adopts the version of the EDGAR Filer
Manual addressing the extended filing hours for Form 144.
---------------------------------------------------------------------------

    \17\ We use the term ``144/A'' in this context to refer to an
amended Form 144.
---------------------------------------------------------------------------

    In addition to amending the Form 144 filing deadline, we are making
two technical amendments. First, we are amending three provisions to
correct errors about the time period during which filings made by
direct submission may be submitted to the Commission. In particular, we
are correcting errors in 17 CFR 230.110(c) (``Rule 110'' under the
Securities Act), 240.0-2(c) (``Rule 0-2(c)'' under the Exchange Act),
and 260.0-5(c) (``Rule 0-5(c)'' under the Trust Indenture Act) by
conforming them to 17 CFR 232.12(c) (``Rule 12(c)'' of Regulation S-T)
and Section 2.3.1 of the EDGAR Filer Manual.\18\ Rules 110(c), 0-2(c),
and 0-5(c) currently provide that filings made by direct transmission
may be submitted to the Commission each business day, from ``8 a.m. to
10 p.m.'' In fact, filings may be submitted starting at 6 a.m.
Consequently, we are revising Rules 110(c), 0-2(c), and 0-5(c) to
replace ``8 a.m.'' with ``6 a.m.''
---------------------------------------------------------------------------

    \18\ To make the language within Rule 12 more consistent, we
also are amending Rule 12(c) by replacing the term ``Eastern Time''
with the term ``Eastern Standard Time or Eastern Daylight Saving
Time, whichever is currently in effect.''
---------------------------------------------------------------------------

    Second, we are reinstating the Regulation S-T-based requirement for
paper filings of Form 144 for non-reporting issuers that was
inadvertently removed in the Electronic Filing Release.\19\ Before the
Commission issued the Electronic Filing Release, then 17 CFR
232.101(c)(6) (``Rule 101(c)(6)'' of Regulation S-T) provided that a
filer must file in paper ``[f]ilings on Form 144 . . . where the issuer
is [a non-reporting issuer].'' The preamble of the Electronic Filing
Release noted that the Commission was not adopting an earlier proposal
to eliminate the Form 144 filing requirement in regard to non-reporting
issuers \20\ and ``[a]s such affiliates relying on Rule 144 [in regard
to a non-reporting issuer] will still be required to file a notice of
sale on Form 144 in paper form pursuant to Rule 101(c)(6) of Regulation
S-T and Rule 144.'' The regulatory text section of the Electronic
Filing Release, however, inadvertently removed and reserved Rule
101(c)(6). Consequently, we are reinstating it in this release to
correct this inadvertent omission.\21\ In addition, the regulatory text
section of the Electronic Filing Release amended 17 CFR 239.144 to
provide for electronic filing of Form 144 and inadvertently failed to
provide for the continued paper filing for non-reporting issuers.
Accordingly, we are amending paragraph (a) of 17 CFR 239.144 to clarify
that Form 144 must be filed electronically in regard to reporting
issuers and in paper in regard to non-reporting issuers.\22\
---------------------------------------------------------------------------

    \19\ Reinstating the Regulation S-T based-requirement is also
consistent with the Electronic Filing Release adding Rule 144(h)(2),
which requires three copies of Form 144 for non-reporting issuers.
    \20\ See Rule 144 Holding Period and Form 144 Filings, Release
No. 33-10911 (Dec. 23, 2020) [86 FR 5063 (Jan. 19, 2021)]
(proposing, among other actions, eliminating the requirement to file
Form 144 regarding a non-reporting issuer).
    \21\ Relatedly, we are conforming Rule 101(a)(1)(xxvii) to Rule
144(h)(1) by adding a reference to issuers that have been reporting
companies for at least 90 days before the sale.
    \22\ As described in the Electronic Filing Release, in April
2020, in recognition of several logistical difficulties related to
the submission of Form 144 in paper pursuant to then Rule 101(b)(4)
and (c)(6), as well as ongoing health and safety concerns related to
COVID-19, the Division of Corporation Finance issued a statement
announcing a temporary no-action position that it would not
recommend enforcement action to the Commission if Forms 144 for the
period from and including April 10, 2020 to June 30, 2020 were
submitted as a complete PDF attachment and emailed to the Commission
in lieu of filing the form in paper. As also described in the
Electronic Filing release, subsequently, on June 25, 2020, the
Division of Corporation Finance indefinitely extended this statement
from the period beginning on April 10, 2020. See Division of
Corporation Finance Statement Regarding Requirements for Form 144
Paper Filings in Light of COVID-19 Concerns, U.S. Sec. & Exch.
Comm'n (June 25, 2020), available at https://www.sec.gov/corpfin/announcement/form-144-paper-filings-email-option-update. The
Electronic Filing Release went on to note that the 2020 statement
would be withdrawn upon the compliance date of amended Rules
144(h)(2) and 101(a)(1)(xxvii), later established as April 13, 2023,
because ``it [was] no longer necessary due to the rule amendments.''
---------------------------------------------------------------------------

II. Procedural and Other Matters

    The Administrative Procedure Act (``APA'') generally requires an
agency to publish notice of a rulemaking in the Federal Register and
provide an opportunity for public comment.\23\ This requirement does
not apply, however, to rules of agency organization, procedure, or
practice,\24\ or if the agency ``for good cause finds . . . that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' \25\ We find that these amendments
relate to agency procedures or practice and do not substantially alter
the rights and obligations of non-agency parties. We also find that
notice and comment are unnecessary because the amendments merely (i)
extend from 5:30 p.m. to 10:00 p.m. the latest time by which a Form 144
submitted by direct transmission is deemed filed the same business day;
and (ii) make technical corrections. It follows that the amendments do
not require analysis under the Regulatory Flexibility Act or a Report
to Congress under the Small Business Regulatory Enforcement Fairness
Act.\26\
---------------------------------------------------------------------------

    \23\ See 5 U.S.C. 553(b) and (c).
    \24\ 5 U.S.C. 553(b)(3)(A).
    \25\ 5 U.S.C. 553(b)(3)(B).
    \26\ See 5 U.S.C. 601(2) (for purposes of a Regulatory
Flexibility Act analysis, the term ``rule'' means any rule for which
the agency publishes a general notice of proposed rulemaking) and 5
U.S.C. 804(3)(C) (for purposes of Congressional review of agency
rulemaking, the term ``rule'' does not include any rule of agency
organization, procedure, or practice that does not substantially
alter the rights or obligations of non-agency parties).
---------------------------------------------------------------------------

    The APA generally requires that an agency publish an adopted rule
in the Federal Register at least 30 days before it becomes
effective.\27\ This requirement, however, does not apply if the agency
finds good cause for making the rule effective sooner.\28\ For the same
reasons as we are forgoing notice and comment, we find good cause to
make these amendments effective on March 20, 2023. We believe that as
soon as practicable (i) electronic filers should be able to submit a
direct transmission of a Form 144 as late as 10:00 p.m. and have it
deemed filed the same business day; and (ii) technical corrections
should be in place. We therefore find there is good cause for these
amendments to take effect on March 20, 2023. We also believe that the
amendments regarding the submission timing for Form 144 relieve a
restriction on an electronic filer by providing more time for a direct
transmission of a Form

144 to be deemed filed the same business day.\29\
---------------------------------------------------------------------------

    \27\ See 5 U.S.C. 553(d)(3).
    \28\ Id.
    \29\ See 5 U.S.C. 553(d)(1).
---------------------------------------------------------------------------

    If any of the provisions of these rules, or the application thereof
to any person or circumstance, is held to be invalid, such invalidity
shall not affect other provisions or application of such provisions to
other persons or circumstances that can be given effect without the
invalid provision or application.

III. Paperwork Reduction Act

    Certain provisions of our rules and forms contain ``collection of
information'' requirements within the meaning of the Paperwork
Reduction Act of 1995 (``PRA'').\30\ An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information requirement unless it displays a currently valid Office of
Management and Budget (OMB) control number. Compliance with the
information collections is mandatory. Responses to the information
collections are not kept confidential and there is no mandatory
retention period for the information disclosed.
---------------------------------------------------------------------------

    \30\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

    As noted above, the amendments do not substantively alter the Form
144 (OMB Control Number 3235-0328) electronic filing requirements, but
rather merely (i) extend from 5:30 p.m. to 10:00 p.m. the latest time
by which a filer can submit a direct transmission of a Form 144 to have
it be deemed filed the same business day; and (ii) make technical
corrections. This change in timing does not change the information
collection burden and therefore we are not revising any burden and cost
estimates in connection with these amendments.

IV. Economic Analysis

    We are mindful of the costs imposed by, and the benefits to be
obtained from, our rules. Section 2(b) of the Securities Act \31\ and
section 3(f) of the Exchange Act \32\ require the Commission, whenever
it engages in rulemaking and is required to consider or determine
whether an action is necessary or appropriate in the public interest,
to consider, in addition to the protection of investors, whether the
action would promote efficiency, competition, and capital formation.
Section 23(a)(2) of the Exchange Act \33\ also requires the Commission
to consider the impact that the rules would have on competition and
prohibits the Commission from adopting any rule that would impose a
burden on competition not necessary or appropriate in furtherance of
the Exchange Act.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 77b(b).
    \32\ 15 U.S.C. 78c(f).
    \33\ 15 U.S.C. 78w(a)(2).
---------------------------------------------------------------------------

    On June 2, 2022, the Commission adopted rule and form amendments to
mandate the electronic filing on EDGAR of Form 144 in regard to the
sale of securities of reporting issuers.\34\ To further facilitate
electronic filing of Form 144, we are now adopting amendments that
will--in addition to making certain technical corrections \35\--deem a
Form 144 that is submitted by direct transmission after 5:30 p.m. but
not later than 10:00 p.m. to be filed the same business day, rather
than on the following business day (``same-day filing amendment''). The
same-day filing amendment will apply to all electronic filings of Form
144,\36\ though many of these filings may be submitted on or before
5:30 p.m. on the filing date. Although we believe the impact of the
same-day filing amendment on Form 144 is likely to be marginal, we
expect that this amendment will result in some benefits to market
participants, including Form 144 filers and those who use information
disclosed in Form 144, without imposing substantial costs. In addition,
we do not expect any significant changes to efficiency, competition, or
capital formation as a result of the extended hours for same-day filing
treatment.
---------------------------------------------------------------------------

    \34\ See generally Electronic Filing Release.
    \35\ Because of the limited nature of the technical amendments,
see supra Section I, we do not expect them to have significant
economic effects.
    \36\ In 2021, the Commission received approximately 30,000 Form
144 filings, of which approximately 99% (or 29,700) were in regard
to the sale of securities of reporting issuers.
---------------------------------------------------------------------------

    We believe that the same-day filing amendment will provide some
benefits to market participants. Extending the filing hours to 10:00
p.m. could benefit those involved with the filing process as they will
gain extra time to prepare and submit filings, without impacting the
filing date. The Commission stated in the Electronic Filing Release its
understanding that most filers prepare and file Form 144 individually
or with assistance of a broker or personal counsel.\37\ The extended
filing hours could also limit these filing process participants' need
to outsource the filing process to other parties, which may add costs
to the filing process. Additionally, extending the filing hours could
improve the quality of filings by reducing the need to rush to complete
them. The likely improved quality of filings could benefit those who
use the information disclosed in Form 144.
---------------------------------------------------------------------------

    \37\ See Electronic Filing Release, n.74 (citing letter from
Jesse Brill (Dec. 18, 2013), available at https://www.sec.gov/rules/petitions/2013/petn4-671.pdf; letter from Securities Industry and
Financial Markets Association (Mar. 22, 2021), available at https://www.sec.gov/comments/s7-24-20/s72420-8530175-230264.pdf.
---------------------------------------------------------------------------

    We also do not believe that the same-day filing amendment will
impose substantial costs on market participants that use the
information disclosed in the forms. As discussed in the Electronic
Filing Release,\38\ a benefit of electronic filings is faster and more
efficient access to the filed documents, which facilitates the flow of
information to market participants from affiliates of reporting
issuers. Allowing filers more time to file (four and a half hours
longer) each day might create some delay in some market participants'
access to these documents. However, we do not expect this extension
will reduce these benefits significantly. First, this extension extends
the filing deadline only from 5:30 p.m. to 10:00 p.m. Not all of the
filers are likely to take the option to file after 5:30 p.m. Second, to
the extent that filers take advantage of the extended filing hours, we
do not believe that the delay in access to the filed documents will
lead to a loss in information or significant reduction in the value of
the information for investors because the extension of the filing
deadline to 10:00 p.m. at the latest, still allows investors to review
the filings well before the stock exchanges open the next day. We do
not believe investors who may use the information from these filings to
trade will be negatively affected by the delay. In fact, the extra time
might provide filers with opportunities to check their filings
carefully, thus improving the accuracy of the submitted information.
---------------------------------------------------------------------------

    \38\ See Electronic Filing Release (``[T]he public may be able
to find and review [an EDGAR] filing more quickly, as a result of
the amendments, than they are able to access paper filings.'').
---------------------------------------------------------------------------

V. Statutory Authority

    The amendments contained in this document are being adopted under
the authority set forth in sections 4, 6, 7, 8, 10, 19(a), and 28 of
the Securities Act,\39\ sections 3, 12, 13, 14, 15, 15B, 16, 23, and
35A of the Exchange Act,\40\ and section 319 of the Trust Indenture Act
of 1939.\41\
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 77d, 77f, 77g, 77h, 77j, 77s(a), and 77z-3.
    \40\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o-4, 78p, 78w, and
78ll.
    \41\ 15 U.S.C. 77sss.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Parts 230, 232, 239, 240, and 260

    Reporting and recordkeeping requirements, Securities.

Text of Final Rule and Form Amendments

    In accordance with the foregoing, the Commission amends title 17,
chapter II of the Code of Federal Regulations as follows:

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

0
1. The general authority citation for part 230 continues to read as
follows:

    Authority:  15 U.S.C. 77b, 77b note, 77c, 77d, 77f, 77g, 77h,
77j, 77r, 77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o-
7 note, 78t, 78w, 78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a-29, 80a-
30, and 80a-37, and Pub. L. 112-106, sec. 201(a), sec. 401, 126
Stat. 313 (2012), unless otherwise noted.
* * * * *

0
2. Amend Sec.  230.110 by revising paragraph (c) to read as follows:

Sec.  230.110  Business hours of the Commission.

* * * * *
    (c) Filings by direct transmission. Filings made by direct
transmission may be submitted to the Commission each day, except
Saturdays, Sundays, and Federal holidays, from 6 a.m. to 10 p.m.,
Eastern Standard Time or Eastern Daylight Saving Time, whichever is
currently in effect.
* * * * *

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
3. The general authority citation for part 232 continues to read as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, 80b-4, 80b-6a, 80b-10, 80b-11, 7201
et seq.; and 18 U.S.C. 1350, unless otherwise noted.
* * * * *

0
4. Amend Sec.  232.12 by revising paragraph (c) to read as follows:

Sec.  232.12  Business hours of the Commission.

* * * * *
    (c) Submissions by direct transmission. Electronic filings and
other documents may be submitted to the Commission each day, except
Saturdays, Sundays, and Federal holidays, from 6 a.m. to 10 p.m.,
Eastern Standard Time or Eastern Daylight Saving Time, whichever is
currently in effect.

0
5. Amend Sec.  232.13 by revising paragraph (a)(4) to read as follows:

Sec.  232.13  Date of filing; adjustment of filing date.

    (a) * * *
    (4) Notwithstanding paragraph (a)(2) of this section, a Form 3, 4,
or 5 (Sec. Sec.  249.103, 249.104, and 249.105 of this chapter,
respectively), a Schedule 14N (Sec.  240.14n-101 of this chapter), or a
Form 144 (Sec.  239.144 of this chapter) submitted by direct
transmission commencing on or before 10 p.m. Eastern Standard Time or
Eastern Daylight Saving Time, whichever is currently in effect, shall
be deemed filed on the same business day.
* * * * *

0
6. Amend Sec.  232.101 by revising paragraph (a)(1)(xxvii) and adding
paragraph (c)(6) to read as follows:

Sec.  232.101  Mandated electronic submissions and exceptions.

    (a) * * *
    (1) * * *
    (xxvii) Form 144 (Sec.  239.144 of this chapter), where the issuer
of the securities is, and has been for a period of at least 90 days
immediately before the sale, subject to the reporting requirements of
section 13 or 15(d) of the Exchange Act (15 U.S.C. 78m or 78o(d),
respectively);
* * * * *
    (c) * * *
    (6) Filings on Form 144 (Sec.  239.144 of this chapter) where the
issuer of the securities is not subject to the reporting requirements
of section 13 or 15(d) of the Exchange Act (15 U.S.C. 78m or 78o(d),
respectively);
* * * * *

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
7. The general authority citation for part 239 continues to read as
follows:

    Authority:  15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-
3, 77sss, 78c, 78l, 78m, 78n, 78o(d), 78o-7 note, 78u-5, 78w(a),
78ll, 78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24,
80a-26, 80a-29, 80a-30, 80a-37, and sec. 71003 and sec. 84001, Pub.
L. 114-94, 129 Stat. 1321, unless otherwise noted.
* * * * *

0
8. Amend Sec.  239.144 by revising paragraph (a) to read as follows:

Sec.  239.144  Form 144, for notice of proposed sale of securities
pursuant to Sec.  230.144 of this chapter.

    (a) Except as indicated in paragraph (b) of this section, each
person who intends to sell securities in reliance upon Sec.  230.144 of
this chapter, where the issuer of the securities:
    (1) Is, and has been for a period of at least 90 days immediately
before the sale, subject to the reporting requirements of section 13 or
15(d) of the Exchange Act (15 U.S.C. 78m or 78o(d), respectively),
shall file this form in electronic format by means of the Commission's
Electronic Data, Gathering, Analysis, and Retrieval system (EDGAR) in
accordance with the EDGAR rules set forth in part 232 of this chapter
(Regulation S-T).
    (2) Is not subject to the reporting requirements of section 13 or
15(d) of the Exchange Act (15 U.S.C. 78m or 78o(d), respectively),
shall file three copies of this form in paper format.
* * * * *

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

0
9. The general authority citation for part 240 continues to read as
follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5,78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78j-4, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o,
78o-4, 78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78dd, 78ll,
78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, 7201 et
seq., and 8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.
1350; and Pub. L. 111-203, 939A, 124 Stat.1376 (2010); and Pub. L.
112-106, sec. 503 and 602, 126 Stat. 326 (2012), unless otherwise
noted.
* * * * *

0
10. Amend Sec.  240.0-2 by revising paragraph (c) to read as follows:

Sec.  240.0-2  Business hours of the Commission.

* * * * *
    (c) Electronic filings. Filings made by direct transmission may be
submitted to the Commission each day, except Saturdays, Sundays, and
Federal holidays, from 6 a.m. to 10 p.m., Eastern Standard Time or
Eastern Daylight Saving Time, whichever is currently in effect.
* * * * *

PART 260--GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF
1939

0
11. The authority citation for part 260 continues to read as follows:

    Authority: 15 U.S.C. 77c, 77ddd, 77eee, 77ggg, 77nnn, 77sss,
78ll (d), 80b-3, 80b-4, and 80b-11, unless otherwise noted.
* * * * *

0
12. Amend Sec.  260.0-5 by revising paragraph (c) to read as follows:

Sec.  260.0-5  Business hours of the Commission.

* * * * *

    (c) Electronic filings. Filings made by direct transmission may be
submitted to the Commission each day, except Saturdays, Sundays, and
Federal holidays, from 6 a.m. to 10 p.m., Eastern Standard Time or
Eastern Daylight Saving Time, whichever is currently in effect.

    By the Commission.

    Dated: February 21, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-03931 Filed 2-24-23; 8:45 am]
BILLING CODE 8011-01-P


to ensure attainment as kly as practicable.

	Comment:  The EPA should adopt the Ozone Transport Commission(s (OTC(s)
approach to cap-and-trade programs. When the OTC developed its NOx
Budget Program (which was the basis for EPA(s NOx SIP call and
subsequently CAIR), it assumed that RACT was applied first. Thus the
cap-and-trade program operated in an environment that assumed RACT was
in force, not in lieu of RACT.

	Response:  Under the ozone national ambient air quality standards, NOx
and VOC RACT have been implemented progressively for the past 30 years
or more, prior to development of the NOx SIP call regional control
program.  In contrast, the PM2.5 implementation program is the first
instance in which we have required RACT/RACM specifically for fine
particle pollution.  For this reason, the CAIR program is not operating
with SO2 and NOx RACT limits already in place for attainment of the
PM2.5 standards.  Nonetheless, as discussed above, EPA believes that
implementation of the CAIR requirements will provide for substantial
progress in attaining the PM2.5 standards and that States may presume
that RACT/RACM requirements are equal to the CAIR level of control.

	Comment: A few commenters stated that EPA should clarify and modify the
part of its proposal that explains why a State cannot rely on EPA’s
determination that CAIR can satisify the NOx RACT requirement for PM2.5
if the State (elect[s] to allow non-EGU sources to voluntarily enter the
EPA-administered CAIR trading program through an opt-in provision in the
CAIR model rule.( (70 FR 66025 col. 3). These commenters believe that
this part of the proposal might be construed to preclude states subject
to both the NOx SIP Call and included in the CAIR region for ozone from
relying on the NOx RACT determination for PM2.5 if the states choose (to
bring their non-CAIR [including non-EGU] NOx SIP Call trading sources
into the CAIR ozone season NOx cap and trade program.  (70 FR 49708,
49728 col. 3)  (August 24, 2005). The commenters assert that EPA gave
states the option of bringing non-EGU NOx SIP Call sources into the CAIR
seasonal NOx trading program to ensure that non-CAIR sources, including
non- EGUs, that are subject to the NOx SIP Call rule would not be
(stranded,( starting in 2009, by being left in an ozone season NOx
control program with no EGU trading partners.  The commenters argued
that “EGUs should not be penalized, in the form of denial of CAIR =
RACT treatment, as a result of states exercising their option to avoid
financial and compliance difficulties for non-EGUs that otherwise would
be left without allowance trading partners in the EGU sector after the
NOx SIP Call trading program ends in 2008.”  These commenters point to
EPA’s determination in the final Phase 2 ozone implementation rule,
that participation in the CAIR trading programs can satisify NOx RACT
for ozone even if a State brings non-EGUs in the NOx SIP Call trading
program into the trading program after 2008, see 70 FR 71657 col. 2,
provided the State retains an (EGU [emission] budget under CAIR that is
at least as restrictive as the EGU budget that was set in the State(s
NOx SIP call SIP,( id. At 71658 col. 1. These commenters argue that EPA
should make a similar determination here regarding NOx RACT for purposes
of PM2.5 NAAQS implementation.

Response:  All states with EPA approved CAIR SIPs or subject to a CAIR
FIP implementing the annual NOx emission reduction requirements, and
obtaining those reductions solely from EGUs may rely on EPA’s
determination that CAIR presumptively satisifies NOx RACT/RACM for PM2.5
for these sources.  This determination is unaffected by whether or not a
State permits NOx SIP Call non-EGUs to participate in the CAIR ozone
season trading program.  In the final rule, we have included the
presumption that NOx RACT/RACM for PM2.5 is satisfied for EGUs complying
with a CAIR SIP or CAIR FIP implementing the annual CAIR NOx emission
reduction requirements (provided the State implementation of the CAIR
NOx annual trading program includes EGUs only).

	In the final ozone implementation rule, EPA addressed numerous issues
relating to the transition from the NOx SIP Call to the CAIR ozone
season trading program, including the impact of bringing NOx SIP Call
non-EGUs into the CAIR ozone season trading program.  Commenters
suggestion that these determinations are relevant to this PM2.5
implementation rule ignores the fact that both the NOx SIP Call and the
CAIR ozone season trading program are seasonal, not annual, trading
programs.  The NOx SIP Call EGU and non-EGU budgets are seasonal NOx
budgets and do not address annual NOx emissions.  As discussed above,
PM2.5 levels year-round contribute to an area’s annual average
concentration, and NOx emissions during non-summer months contribute to
nitrate concentrations, which are typically highest in cooler
temperatures.  For these reasons, EPA believes it would be inappropriate
to accept commenters’ suggestion.

 Under the Tribal Air Rule (TAR), requirements for RACT and RACM may be
considered to be severable elements of implementation plan requirements
for Tribes. ADVANCE \d 12

 See, 44 FR 53782, September 17, 1979, and 1976 memorandum from Roger
Strelow, Assistant Administrator for Air and Waste Management to
Regional Administrators, “Guidance for Determining Acceptability of
SIP Regulations in Non-attainment Areas” (Dec. 9, 1976)

 See e.g. Workshop on Requirements for Non-atttainment Area
Plans-Compilation of Presentations (OAQPS No. 1.2-103, revised edition
April 1978)

 Under the Tribal Air Rule (TAR), requirements for RACT and RACM may be
considered to be severable elements of implementation plan requirements
for Tribes. ADVANCE \d 12

 In Sierra Club v. EPA, 294 F.3d 155 (D.C. Cir. 2002), the court stated
in upholding EPA’s statutory interpretation of RACM that the Act does
not compel a state to consider a measure without regard to whether it
would expedite attainment.

 In this notice, where we use the shorthand phrase “advance the
attainment date,” it means “advance the attainment date by one year
or more.”

 In the context of the PM10 NAAQS, EPA has concluded that “advancement
of the attainment date” should mean an advancement of at least one
calendar year.  See State Implementation Plans; General Preamble for the
Implementation of Title I of the CAA Amendments of 1990, 57 FR 12498
(April 16, 1992).  See also Sierra Club v. EPA, 294 F.3d 155 (D.C. Cir.
2002). ADVANCE \d 12

 The EPA believes that it is not necessary to identify every possible
variation of every type of control measure, or all possible combinations
of technologies and measures that would apply to a given source or
activity if the State has properly characterized the potentially
available emissions reductions and their costs.   For example, EPA
believes that the State can conduct a thorough analysis of VMT reduction
measures without including every possible level or stringency of
implementation of certain possible measures or combinations of measures
for reducing VMT, so long as those measures would not affect the overall
assessment of VMT reduction capabilities and the associated costs.

 For example, see past EPA guidance on PM2.5 control technologies:
Stationary Source Control Techniques Document for Fine Particulate
Matter (EPA-452/R-97-001), EPA Office of Air Quality Planning and
Standards, October 1998.

 Stationary Source Control Techniques Document for Fine Particulate
Matter (EPA-452/R-97-001), EPA Office of Air Quality Planning and
Standards, October 1998. See also:  Controlling SO2 Emissions: A Review
of Technologies (EPA/600/R-00/093), EPA Office of Research and
Development, November 2000.

 See EPA’s website for more information:
http://www.epa.gov/ttn/emc/monitor.html.

 EPA Air Pollution Control Cost Manual - Sixth Edition (EPA
452/B-02-001), EPA Office of Air Quality Planning and Standards,
Research Triangle Park, NC, Jan 2002. ADVANCE \d 12

  There are a number of sources of information on technologies for
reducing emissions of PM2.5 and its precursors.  Links are provided to a
number of national, state and local air quality agency sites from
EPA’s PM2.5 website: http://www.epa.gov/pm/measures.html

12See Clean School Bus USA program at
http://www.epa.gov/cleanschoolbus/.  See also:  AWhat You Should Know
About Diesel Exhaust and School Bus Idling", (June 2003,
EPA420-F-03-021) at
http://www.epa.gov/otaq/retrofit/documents/f03021.pdf. ADVANCE \d 12

12 See EPA’s voluntary diesel retrofit program web site at
http://www.epa.gov/otaq/retrofit/overfleetowner.htm. ADVANCE \d 12

13 See EPA’s voluntary diesel retrofit program web site at
http://www.epa.gov/otaq/retrofit/idling.htm. ADVANCE \d 12

14 See EPA’s website on transportation control measures at
http://www.epa.gov/otaq/transp/traqtcms.htm. ADVANCE \d 12

15 See EPA’s web site on nonroad engines, equipment, and vehicles at
http://www.epa.gov/otaq/nonroad.htm. ADVANCE \d 12

 See the regulatory impact analysis chapter on air quality for the 2006
PM NAAQS review at
http://www.epa.gov/ttn/ecas/regdata/RIAs/Chapter%204--Air%20Quality.pdf.

 EPA’s CAIR-RACT presumption also would not apply if a State required
sources other than EGUs to achieve a portion of the reductions required
by CAIR (e.g., the State’s CAIR SIP achieved some reductions from EGUs
but took credit for non-EGU reductions achieved under new, more
stringent requirements implemented to meet NOx SIP call caps).  Under
the CAIR rule such a State would not be eligible to participate in the
EPA-administered CAIR trading system.

 PAGE

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June 27   30, 2004   Episodes ° Plots provide ozone concentration and wind vectors ID Description AP Apex JN Jean JO Joe Neal MQ Mesquite PL Hendersen PV Palo Verde School LV Las Vegas Airport NE Nellis Air Force S1 Reid Gardner 1 S3 Reid Gardner 3 CAL CalWash 3 Monitoring Stations


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10676-10677]
[FR Doc No: 2019-05473]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0155]
RIN 1625-AA09

Drawbridge Operation Regulations; Bayou Lafourche, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Coast Guard is issuing a temporary deviation to the
operating schedule that regulates six drawbridges across Bayou
Lafourche, Lafourche Parish, Louisiana. These drawbridges are located
south of the Gulf Intracoastal Waterway and cross Bayou Lafourche at
miles 38.7, 36.3, 33.9, 30.6, 27.8 and 23.9. This deviation is needed
to collect and analyze information on vehicle traffic congestion on SR
308 and LA-1 created when the drawbridges open to vessels and the
impact to the reasonable needs of navigation when the bridges close to
vessels during periods of high vehicle traffic. During this temporary
deviation the drawbridge will remain closed to navigation.

DATES: This deviation is effective from 6 a.m. on March 25, 2019 to 6
a.m. on July 22, 2019. Comments and related material must be received
by the Coast Guard on or before August 22, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0155 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LADOTD Louisiana Department of Transportation and Development
GLPC Greater Lafourche Port Commission
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Greater Lafourche Port Commission (GLPC) has requested to
change the operating requirements for the following bridges that cross
Bayou Lafourche in Lafourche Parish, Louisiana: Larose vertical lift
bridge, mile 38.7, Larose, LA; Cut Off vertical lift bridge, mile 36.3,
Cut Off, LA; Cote Blanche pontoon bridge, mile 33.6, Cut Off, LA;
Tarpon vertical lift bridge, mile 30.6, Galliano, LA; Galliano pontoon
bridge, mile 27.8, Galliano, LA; Golden Meadow vertical lift bridge,
mile 23.9, Golden Meadow, LA. These bridges currently open according to
33 CFR 117.465.
    The GLPC requested changing these bridge operating regulations
because vehicle and school bus traffic has become congested along SR
308 and LA-1 during morning commute hours. There are five schools
located along this part of Bayou Lafourche. School buses must cross the
drawbridges to pick up and deliver students to their respective
schools. School buses recently began picking up students 15 minutes
earlier in the morning. To alleviate bus and vehicle congestion GLPC
has asked to align morning bridge closures with this shift in student
pick-up times.
    The 120-day temporary deviation to the regulation will allow GLPC
to collect additional vehicle traffic data to measure the impact of
bridge closures on traffic congestion. It will also allow the Coast
Guard to collect data on the impact of the proposed regulation change
on vessels.
    During this temporary deviation these bridges will operate as
follows:
    The draws of the following bridges shall open on signal; except
that, from August 1 through May 31, the draw need not open for the
passage of vessels Monday through Friday except Federal holidays from
6:30 a.m. to 8:15 a.m.; from 2 p.m. to 4 p.m. and from 4:30 p.m. to
5:30 p.m., unless otherwise indicated:

(1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow
(2) Galliano Pontoon Bridge, mile 27.8, at Galliano
(3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at Galliano
(4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff
(5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff
(6) LA-657 (Larose) Vertical Lift Bridge, mile 38.7, at Larose.

The bridge will open on signal for emergencies.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

III. Public Participation and Request for Comments

    Public participation is essential to effective rulemaking. The
Coast Guard will consider all comments and material received during the
comment period. If you submit a comment, please include the docket
number for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this temporary rule change, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.

    Dated: March 18, 2019.
Douglas A. Blakemore,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2019-05473 Filed 3-21-19; 8:45 am]
 BILLING CODE 9110-04-P