[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]
[Page 4596-4598]
[DOCID:fr28ja10-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61408; File No. SR-FINRA-2010-004]

 Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Make Certain Non-Substantive Technical Changes
to FINRA Rule 4521(d)

January 22, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``SEA'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on January 20, 2010, Financial Industry Regulatory
Authority, Inc. (``FINRA'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
FINRA. FINRA has designated the proposed rule change as constituting a
``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-4
under the Act,\3\ which renders the proposal effective upon receipt of
this filing by the Commission. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to make certain non-substantive technical
changes to FINRA Rule 4521(d). The text of the proposed rule change is
below. Proposed new language is italicized; proposed deletions are in
brackets:
* * * * *
4000. FINANCIAL AND OPERATIONAL RULES
* * * * *
4500. BOOKS, RECORDS AND REPORTS
* * * * *
4520. Financial Records and Reporting Requirements
4521. Notifications, Questionnaires and Reports
    (a) through (c) No Change.
    (d)(1) No Change.
    (2) Each member carrying margin accounts for customers shall submit
reports containing the following customer information:
    (A) No Change.
    (B) Total of all free credit balances in all cash accounts and all
securities margin accounts.
    (3) For purposes of this paragraph (d):
    (A) Only free credit balances in cash and securities margin
accounts shall be included in the member's report. Balances in short
accounts and in [S]special [M]memorandum [A]accounts ([as defined in
Section 2.2 of] see Regulation T [under the Exchange Act] of the Board
of Governors of the Federal Reserve System) shall not be considered as
free credit balances.
    (B) Reported debit or credit balance information shall not include
the accounts of other [organizations that are] FINRA members, or of the
associated persons of the member submitting the report where such
associated person's account is excluded from the definition of customer
pursuant to SEA Rule 15c3-3.
    (e) through (f) No Change.
    * * * Supplementary Material: ----------
    .01 No Change.
* * * * *

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

    In its filing with the Commission, FINRA 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. FINRA 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On November 4, 2009, the Commission approved FINRA Rule 4521
(Notifications, Questionnaires and Reports) as part of a new,
consolidated set of financial responsibility rules \4\ for inclusion in
FINRA's consolidated rulebook (``Consolidated FINRA Rulebook'').\5\
FINRA announced in Regulatory Notice 09-71 that the new financial
responsibility rules will be implemented on February 8, 2010.\6\
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    \4\ See Regulatory Notice 09-71 (December 2009) (SEC Approves
Consolidated FINRA Rules Governing Financial Responsibility). See
also Securities Exchange Act Release No. 60933 (November 4, 2009),
74 FR 58334 (November 12, 2009) (Order Granting Approval to Proposed
Rule Change; File No. SR-FINRA-2008-067).
    \5\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \6\ See note 4.
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    FINRA Rule 4521(d) sets forth certain reporting requirements for
members carrying margin accounts for customers. The proposed rule
change would make several non-substantive technical changes to the
rule. FINRA Rule 4521(d)(2)(B) would be revised to clarify that members
must submit the total of all free credit balances in all cash accounts
and all securities margin accounts. Similarly, in FINRA Rule
4521(d)(3)(A) ``margin accounts'' would be revised to read ``securities
margin accounts.'' Further, the reference to special memorandum
accounts in FINRA Rule 4521(d)(3)(A) would be revised to align with
Regulation T of the Board of Governors of the Federal Reserve System.
Lastly, in FINRA Rule 4521(d)(3)(B) ``other organizations that are
FINRA members'' would be revised to read ``other FINRA members.''
    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change on February 8, 2010.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\7\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the purposes of the Act because it will provide greater
clarity to members and the public regarding FINRA's rules.
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    \7\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally does not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. As noted above, on November 4, 2009,
the Commission approved FINRA 4521 (Notifications, Questionnaires and
Reports) as part of a new, consolidated set of financial responsibility
rules.\11\ FINRA has requested that the Commission waive the 30-day
operative delay set forth in Rule 19b-4(f)(6)(iii) under the Act \12\
in order for the rule to become operative upon filing. The Commission
notes that the proposed rule changes makes technical non-substantive
changes to Rule 4521. The Commission further notes that the operative
date of FINRA 4150 is February 8, 2009.\13\ The Commission believes
that the earlier operative date is consistent with the protection of
investors and the public interest because the proposed rule change
permits FINRA to implement the rule without further delay and in time
for the operative date of the financial responsibility rules.\14\
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    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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 Commission notes that FINRA has satisfied the five-
day pre-filing notice requirement.
    \11\ See notes 4 and 5.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ See FINRA Regulatory Notice 09-71 (December 2009).
    \14\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-004. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your

comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's Internet Web site (http://
www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of FINRA. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-FINRA-2010-004 and should be submitted on or before February 18,
2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1662 Filed 1-27-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68759-68761]
[FR Doc No: 2015-28118]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31043; Amdt. No. 3666]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 6, 2015. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 6, 2015.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC, 20590-
0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Procedures
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFRs, and specifies the SIAPs
and Takeoff Minimums and ODPs with their applicable effective dates.
This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC on October 9, 2015.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35   [AMENDED]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
12-Nov-15............  AZ             Globe...............  San Carlos Apache...       5/0529     09/30/15  GPS RWY 27, Orig-A.
12-Nov-15............  FL             Brooksville.........  Brooksville-Tampa          5/0653     09/30/15  RNAV (GPS) RWY 3, Amdt 1C.
                                                             Bay Rgnl.
12-Nov-15............  CA             Marysville..........  Yuba County.........       5/0918     09/29/15  RNAV (GPS) RWY 14, Orig-C.
12-Nov-15............  MN             Mankato.............  Mankato Rgnl........       5/0985     10/06/15  COPTER ILS OR LOC RWY 33, Orig-B.
12-Nov-15............  ND             Harvey..............  Harvey Muni.........       5/2418     09/29/15  RNAV (GPS) RWY 29, Orig-A.
12-Nov-15............  CO             Craig...............  Craig-Moffat........       5/2420     09/29/15  VOR/DME RWY 7, Amdt 2B.
12-Nov-15............  MI             Charlotte...........  Fitch H Beach.......       5/2421     09/29/15  RNAV (GPS) RWY 20, Orig.
12-Nov-15............  MI             Charlotte...........  Fitch H Beach.......       5/2422     09/29/15  VOR RWY 20, Amdt 11.
12-Nov-15............  AR             Batesville..........  Batesville Rgnl.....       5/2705     09/29/15  RNAV (GPS) RWY 26, Amdt 1.
12-Nov-15............  AR             Batesville..........  Batesville Rgnl.....       5/2706     09/29/15  LOC RWY 8, Amdt 1.
12-Nov-15............  AR             Batesville..........  Batesville Rgnl.....       5/2707     09/29/15  RNAV (GPS) RWY 8, Amdt 1A.
12-Nov-15............  IA             Harlan..............  Harlan Muni.........       5/2965     09/29/15  GPS RWY 15, Orig-A.
12-Nov-15............  IA             Harlan..............  Harlan Muni.........       5/2966     09/29/15  GPS RWY 33, Orig-A.
12-Nov-15............  KS             Hill City...........  Hill City Muni......       5/3297     09/30/15  RNAV (GPS) RWY 18, Amdt 1A.
12-Nov-15............  TN             Winchester..........  Winchester Muni.....       5/3334     09/22/15  RNAV (GPS) Y RWY 18, Orig-A.
12-Nov-15............  TN             Winchester..........  Winchester Muni.....       5/3335     09/22/15  NDB RWY 18, Amdt 6A.
12-Nov-15............  TN             Winchester..........  Winchester Muni.....       5/3336     09/22/15  RNAV (GPS) Z RWY 18, Orig-A.

12-Nov-15............  TN             Winchester..........  Winchester Muni.....       5/3337     09/22/15  RNAV (GPS) RWY 36, Orig-A.
12-Nov-15............  NY             Farmingdale.........  Republic............       5/3360     09/22/15  NDB RWY 1, Amdt 14B.
12-Nov-15............  NY             Farmingdale.........  Republic............       5/3361     09/22/15  RNAV (GPS) RWY 19, Amdt 2C.
12-Nov-15............  NY             Farmingdale.........  Republic............       5/3362     09/22/15  RNAV (GPS) RWY 1, Amdt 2B.
12-Nov-15............  TN             Rockwood............  Rockwood Muni.......       5/3505     09/22/15  RNAV (GPS) RWY 22, Amdt 1.
12-Nov-15............  TN             Rockwood............  Rockwood Muni.......       5/3508     09/22/15  RNAV (GPS) RWY 4, Orig.
12-Nov-15............  WI             Waukesha............  Waukesha County.....       5/6258     09/29/15  RNAV (GPS) RWY 10, Orig.
12-Nov-15............  NE             Ord.................  Evelyn Sharp Field..       5/6260     09/29/15  RNAV (GPS) RWY 13, Orig-A.
12-Nov-15............  MO             Cassville...........  Cassville Muni......       5/6261     09/29/15  VOR RWY 9, Amdt 2.
12-Nov-15............  TX             Center..............  Center Muni.........       5/6276     09/29/15  RNAV (GPS) RWY 35, Orig.
12-Nov-15............  TX             Center..............  Center Muni.........       5/6277     09/29/15  RNAV (GPS) RWY 17, Orig-A.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6278     09/29/15  ILS OR LOC RWY 14, Amdt 8A.
                                                             Rgnl.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6279     09/29/15  ILS OR LOC RWY 32, Amdt 27A.
                                                             Rgnl.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6280     09/29/15  NDB RWY 32, Amdt 20A.
                                                             Rgnl.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6282     09/29/15  RADAR 1, Amdt 13A.
                                                             Rgnl.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6283     09/29/15  RNAV (GPS) RWY 14, Orig.
                                                             Rgnl.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6284     09/29/15  RNAV (GPS) RWY 32, Orig-B.
                                                             Rgnl.
12-Nov-15............  OH             Youngstown/Warren...  Youngstown-Warren          5/6285     09/29/15  VOR-A, Orig.
                                                             Rgnl.
12-Nov-15............  ID             Coeur D'Alene.......  Coeur D'Alene-Pappy        5/6537     09/29/15  VOR/DME RWY 2, Amdt 2B.
                                                             Boyington Field.
12-Nov-15............  ID             Coeur D'Alene.......  Coeur D'Alene-Pappy        5/6538     09/29/15  ILS OR LOC/DME RWY 6, Amdt 5C.
                                                             Boyington Field.
12-Nov-15............  ID             Coeur D'Alene.......  Coeur D'Alene-Pappy        5/6540     09/29/15  RNAV (GPS) RWY 6, Orig-C.
                                                             Boyington Field.
12-Nov-15............  ID             Coeur D'Alene.......  Coeur D'Alene-Pappy        5/6541     09/29/15  VOR RWY 6, Orig-C.
                                                             Boyington Field.
12-Nov-15............  ID             Coeur D'Alene.......  Coeur D'Alene-Pappy        5/6542     09/29/15  NDB RWY 6, Amdt 2D.
                                                             Boyington Field.
12-Nov-15............  WA             Bremerton...........  Bremerton National..       5/6569     09/29/15  Takeoff Minimums and (Obstacle) DP, Amdt 5.
12-Nov-15............  CA             San Diego...........  San Diego Intl......       5/6675     09/29/15  RNAV (GPS) RWY 27, Amdt 3C.
12-Nov-15............  MO             Springfield.........  Springfield-Branson        5/6815     09/29/15  RNAV (GPS) RWY 32, Amdt 2A.
                                                             National.
12-Nov-15............  TX             Mount Vernon........  Franklin County.....       5/6817     09/29/15  RNAV (GPS) RWY 13, Orig.
12-Nov-15............  TX             Mount Vernon........  Franklin County.....       5/6818     09/29/15  RNAV (GPS) RWY 31, Orig.
12-Nov-15............  CA             Truckee.............  Truckee-Tahoe.......       5/7132     09/29/15  RNAV (GPS) Y RWY 20, Orig-A.
12-Nov-15............  CA             Truckee.............  Truckee-Tahoe.......       5/7133     09/29/15  RNAV (GPS) Z RWY 20, Orig-B.
12-Nov-15............  CA             Truckee.............  Truckee-Tahoe.......       5/7134     09/29/15  RNAV (GPS) RWY 11, Orig-A.
12-Nov-15............  MN             Mankato.............  Mankato Rgnl........       5/7267     09/22/15  ILS RWY 33, Amdt 1.
12-Nov-15............  PA             Altoona.............  Altoona-Blair County       5/7687     09/30/15  ILS OR LOC RWY 21, Amdt 8.
12-Nov-15............  PA             Altoona.............  Altoona-Blair County       5/7688     09/30/15  RNAV (GPS) RWY 21, Amdt 1A.
12-Nov-15............  IN             Auburn..............  De Kalb County......       5/7736     09/30/15  VOR RWY 9, Amdt 7C.
12-Nov-15............  IN             Auburn..............  De Kalb County......       5/7737     09/30/15  RNAV (GPS) RWY 9, Orig-B.
12-Nov-15............  IN             Auburn..............  De Kalb County......       5/7738     09/30/15  ILS OR LOC RWY 27, Amdt 1B.
12-Nov-15............  IN             Auburn..............  De Kalb County......       5/7739     09/30/15  RNAV (GPS) RWY 27, Orig-B.
12-Nov-15............  CA             Marysville..........  Yuba County.........       5/7760     09/29/15  ILS OR LOC RWY 14, Amdt 5D.
12-Nov-15............  CA             Marysville..........  Yuba County.........       5/7761     09/29/15  VOR RWY 32, Amdt 10G.
12-Nov-15............  CA             Marysville..........  Yuba County.........       5/7763     09/29/15  RNAV (GPS) RWY 32, Orig-C.
12-Nov-15............  IL             Peoria..............  General Downing-           5/8231     09/29/15  VOR OR TACAN RWY 13, Amdt 23B.
                                                             Peoria Intl.
12-Nov-15............  OR             Portland............  Portland Intl.......       5/9949     09/29/15  ILS OR LOC RWY 10L, Amdt 4A.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-28118 Filed 11-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45254-45256]
[FR Doc No: 2015-18393]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75505; File No. S7-24-89]

Joint Industry Plan; Order Approving Amendment No. 35 to the
Joint Self-Regulatory Organization Plan Governing the Collection,
Consolidation and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on an
Unlisted Trading Privileges Basis Submitted by the BATS Exchange, Inc.,
BATS Y-Exchange, Inc., Chicago Board Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc.,
Financial Industry Regulatory Authority, Inc., International Securities
Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, Nasdaq Stock
Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC,
NYSE MKT LLC, and NYSE Arca, Inc.

July 22, 2015.

I. Introduction

    On April 27, 2015, the operating committee (``Operating Committee''
or ``Committee'') \1\ of the Joint Self-Regulatory Organization Plan
Governing the Collection, Consolidation, and Dissemination of Quotation
and Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privileges Basis (``Nasdaq/UTP Plan''
or ``Plan'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 11A of the Securities Exchange Act
of 1934 (``Act''),\2\ and Rule 608 thereunder,\3\ a proposal to amend
the Nasdaq/UTP Plan.\4\ The

proposal represents the 35th Amendment to the Plan (the ``Amendment''),
and reflects changes unanimously adopted by the Participants. The
Amendment requires the Participants to include timestamps in the trade-
report and bid-and-offer information that they report to the Plan's
processor. The proposed Amendment was published for comment in the
Federal Register on May 14, 2015.\5\ The Commission received one
comment letter in response to the Notice.\6\ On July 17, 2015, the
Participants to the Plan responded to the comment letter.\7\ This order
approves the proposed Amendment to the Plan.
---------------------------------------------------------------------------

    \1\ The Plan Participants (collectively the ``Participants'')
are the: BATS Exchange, Inc.; BATS Y-Exchange, Inc.; Chicago Board
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA
Exchange, Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory
Authority, Inc. (``FINRA''); International Securities Exchange LLC;
NASDAQ OMX BX, Inc.; NASDAQ OMX PHLX LLC; Nasdaq Stock Market LLC;
National Stock Exchange, Inc.; New York Stock Exchange LLC; NYSE MKT
LLC; and NYSE Arca, Inc.
    \2\ 15 U.S.C. 78k-1.
    \3\ 17 CFR 240.608.
    \4\ The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation information and
transaction reports in Eligible Securities for each of its
Participants. This consolidated information informs investors of the
current quotation and recent trade prices of Nasdaq securities. It
enables investors to ascertain from one data source the current
prices in all the markets trading Nasdaq securities. The Plan serves
as the required transaction reporting plan for its Participants,
which is a prerequisite for their trading Eligible Securities. See
Securities Exchange Act Release No. 55647 (April 19, 2007) 72 FR
20891 (April 26, 2007).
    \5\ See Securities Exchange Act Release No. 74910 (May 8, 2015),
80 FR 27713 (``Notice'').
    \6\ See Letter from Theodore R. Lazo, Managing Director and
Associate Director, SIFMA, to Brent J. Fields, Secretary,
Commission, dated June 5, 2015 (``SIFMA Letter'') commenting on this
proposal as well as the parallel amendment to the CTA and CQ Plans.
    \7\ See Letter from Emily Kasparov, Chairman, CTA Plan Operating
Committee to Brent J. Fields, Secretary, Commission, dated July 17,
2015 (``Response Letter'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Currently, Section VIII of the UTP Plan (Transmission of
Information to Processor by Participants) requires transaction reports
that the Participants to submit to the Processor to include (1) the
identification of the security, (2) the price bid and offered, together
with size, (3) the FINRA Participant along with the FINRA Participant's
market participant identification or Participant from which the
quotation emanates, (4) identification of quotations that are not firm,
and (5) through appropriate codes and messages, withdrawals and similar
matters.
    Section VIII also requires each Participant to promptly collect and
transmit to the Processor trade reports executed in its market that
include (1) identification of the security, (2) the number of shares in
the transaction, (3) the price at which the shares were purchased or
sold, (4) the buy/sell/cross indicator, (5) the market of execution,
and (6) through appropriate codes and messages, late or out-of-sequence
trades, corrections and similar matters.
    The Amendment proposes to require Participants to include in
quotation information and trade reports to the Processor the time of
the trade or the quotation. In the case of a Participant that is a
national securities exchange, the time of the transaction or quotation
is to be reported in microseconds as identified in the Participant's
matching engine publication timestamp. In the case of FINRA, the time
of a transaction will be the time of execution that a FINRA member
reports to a FINRA trade reporting facility and the time of a bid or
offer will be the quotation publication timestamp that the bidding or
offering member reports to the FINRA quotation facility, all in
accordance with FINRA rules.\8\ In addition, if a FINRA trade reporting
facility or quotation facility provides a proprietary feed of trades or
quotes reported by the facility to the Processor, then the FINRA
facility must also furnish the Processor with the time of the
transmission as published on the facility's proprietary feed.
---------------------------------------------------------------------------

    \8\ If a FINRA member reports to it in seconds or milliseconds,
FINRA must convert the times to microseconds and must furnish the
Processor the reports in microseconds.
---------------------------------------------------------------------------

III. Summary of Comment Letter and Participants' Response

    The Commission received one comment letter on the proposed
Amendment and a response to that comment letter from the Participants.
The commenter supports the proposed Amendment, but suggested
clarifications to certain aspects of the Amendment.
    First, in order to ensure that sourcing and reporting of timestamp
data would be consistent across exchanges, the commenter recommended
that the Amendment provide a clearer definition of ``matching engine
publication timestamp.'' \9\ The commenter stated that the term
``matching engine publication timestamp'' is not defined in the Plans
or in the proposal, and is not a commonly understood term.\10\ The
commenter suggested that the transaction time to be reported to the
Securities Information Processors (``SIPs'') should be the timestamp
applied when the trade is executed in the exchange's matching engine,
and the quotation time should be the timestamp applied when the
quotation is added to the exchange's order book.\11\ The commenter
further stated that the timestamp reported by the exchange should
reflect the actual underlying matching engine event, and not any
internal processing that may occur at the exchange before submission to
the SIPs.\12\ In response to the comment that the ``matching engine
publication timestamps'' be more clearly defined, the Participants
stated that the purpose of the Amendment is to respond to the
Commission's request to provide information allowing market
participants to compare proprietary data feed latency to consolidated
data feed latency.\13\ The Participants noted that they devoted
considerable effort and resources to expedite this timestamp initiative
at Chair White's request. The Participants use the proposed term of
``matching engine publication timestamps'' to connote the timestamp
published by each Participant's matching engine. The Participants
believe that the proposal will provide transparency that will enable
market participants to compare the latency between the proprietary data
feed and the consolidated data feed, which the Participants believe the
industry will find most useful.\14\
---------------------------------------------------------------------------

    \9\ See SIFMA Letter at 3.
    \10\ Id.
    \11\ Id.
    \12\ Id.
    \13\ See Response Letter at 2-3.
    \14\ See Response Letter 3-4.
---------------------------------------------------------------------------

    Next, the commenter stated that the proposed Amendment should
provide clarity on the timestamp information that FINRA would be
required to provide to the SIPs.\15\ As proposed, any FINRA proprietary
data feed of trades or quotes reported by the FINRA trade reporting
facility (``TRF'') to the SIPs would be required to furnish the SIPs
with the time of the transmission as published on the proprietary
feeds. The commenter suggested that the Amendment should require the
FINRA TRF or quotation facility to provide to the SIPs the timestamp
when the trade or quote was processed by the FINRA facility regardless
of whether the facility offers a proprietary feed.\16\ In response, the
Participants stated that additional timestamps for non-proprietary
FINRA feeds would not provide meaningful information to market
participants because they would not enable a market participant to
compare the time that a Participant transmits information via a
proprietary feed to the time the SIP transmits the same
information.\17\ Additionally, the Participants stated that FINRA TRFs
or quotation facilities should not include intermediate processing
timestamps because such additional timestamps go beyond the scope of
the Amendment's objectives and that requiring these additions would be
costly and time consuming.\18\ The Participants noted that additional
timestamps would delay the rollout of the timestamp initiative
considerably, impose a significant cost on the industry, require
specialized equipment, add significant bandwidth requirements, and
result in an array of timestamps that would likely lead to confusion
within the industry.\19\
---------------------------------------------------------------------------

    \15\ See SIFMA Letter at 1, 3.
    \16\ See SIFMA Letter at 3.
    \17\ See Response Letter at 3.
    \18\ See Response Letter at 3-4.
    \19\ Id.

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

    Additionally, the commenter believes that the SIPs should be
responsible for market-wide determinations of whether a trade is
reported out of sequence and not last sale eligible.\20\ The commenter
suggested that the SIPs should make market-wide determinations if
transactions are out of sequence by comparing the incoming
transaction's execution time against the execution time of the most
recent transaction that was last sale eligible and published. The
Participants stated that the Participants have historically determined
last sale eligibility and out of sequence reporting pursuant to their
own rules \21\ and believe that such determinations should continue to
be made by the Participants consistent with their respective rules.\22\
In addition, the Participants noted that this suggestion is outside the
scope of the Amendment.\23\
---------------------------------------------------------------------------

    \20\ See SIFMA Letter at 3.
    \21\ See Response Letter at 4.
    \22\ The commenter also called for change in the governance
structure of NMS plans which it states is ineffective and opaque,
suggesting that governing bodies of NMS plans should include
representatives from broker-dealers, asset managers, and the public,
with each of these groups having voting power on the plans'
operating committees. See SIFMA Letter at 4. The Participants noted
that the Plans held numerous meetings to fashion the timestamp tools
including meetings among the Participants and Plan subcommittees,
Commission staff, and also involved consultation with industry
representatives from the Plan's Advisory Committees. See Response
Letter at 2.
    \23\ See Response Letter at 4.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    After careful review and consideration of the proposed Amendment,
the comment letter, and the Response Letter, the Commission finds that
the proposed Amendment to the Plan is consistent with the requirements
of the Act and the rules and regulations thereunder,\24\ and, in
particular, Section 11A(a)(1) of the Act \25\ and Rule 608 thereunder
\26\ in that they are necessary or appropriate in the public interest,
for the protection of investors and the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanisms of, a
national market system. While supporting the timestamp Amendments, the
commenter raised three issues regarding the proposal--the need to
define the term ``matching engine publication timestamp'' more clearly,
the need for additional timestamps, and a preference that the SIPs
determine whether a trade is reported out of sequence and not last sale
eligible. The commenter also believes that there is a need to reform
SIP governance. The Participants responded to the commenter's concerns,
as discussed above, indicating why they believe that the proposal
adequately addresses the issue it was meant to address--providing
additional information so that interested persons will be able to
measure the latency between the consolidated data feeds and industry
proprietary data feeds. The Participants stated that including
additional timestamps would delay implementation of the proposal, add
costs, and could be confusing. The Participants also indicated that
they continue to believe they should decide, consistent with their
rules, whether trades are reported out of sequence and not last sale
eligible. The Commission agrees with the Participants' response to the
issues raised by the comment letter.
---------------------------------------------------------------------------

    \24\ The Commission has considered the proposed Amendment's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
    \25\ 15 U.S.C. 78k-1(a)(1).
    \26\ 17 CFR 240.608.
---------------------------------------------------------------------------

    The proposal is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\27\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations and transactions in securities. These goals are furthered by
the proposed changes requiring that Participants add timestamps to
their trade and quotation reports as this will add transparency
regarding the latencies between the Nasdaq/UTP Plan's consolidated data
feeds and industry proprietary feeds. Users of the consolidated feeds
will be better able to monitor the latency of those feeds and to assess
whether such feeds meet their trading and other requirements.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\28\
the rules thereunder, that the proposed Amendment to Nasdaq/UTP Plan
(File No. S7-24-89) is approved.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78k-1.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18393 Filed 7-28-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18362]
[FR Doc No: 2023-06410]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-806, OMB Control No. 3235-0757]

Proposed Collection; Comment Request; Extension: Rule
147A(f)(1)(iii) Written Representation as to Purchaser Residency

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 147A(f)(1)(iii) (17 CFR 230.147A(f)(1)(iii)) requires the
issuer to obtain from the purchaser a written representation as to the
pruchase's residency in order to qualify for safe harbor under
Securities Act Rule 147A (17 CFR 230.147A). Rule 147A is an exemption
from registration under Securities Act Section 28 (15 U.S.C. 77z-3).
Under Rule 147A, the purchaser in the offering must be a resident of
the same state or territory in which the issuer is a resident. While
the formal representation of residency by itself is not sufficient to
establish a reasonable belief that such purchasers are in-state
residents, the representation requirement, together with the reasonable
belief standard, may result in better compliance with the rule and
maintaining appropriate investor protections. The representation of
residency is not provided to the Commission. Approximately 700
respondents provide the information required by Rule 147A(f)(1)(iii) at
an estimated 2.75 hours per response for a total annual reporting
burden of 1,925 hours (2.75 hours x 700 responses).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by May 30, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: March 23, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-06410 Filed 3-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Proposed Rules]
[Pages 51300-51303]
[FR Doc No: 2022-17935]

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

40 CFR Part 52

[EPA-R09-OAR-2022-0373; FRL-9765-01-R9]

Air Plan Revisions; California; South Coast Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; partial withdrawal of proposed rule; withdrawal
of proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing a
limited approval and limited disapproval of two revised rules and an
approval of a rule recission to the South Coast Air Quality Management
District (SCAQMD) portion of the California State Implementation Plan
(SIP). These revisions concern emissions of volatile organic compounds
(VOCs) from marine and pleasure craft coating operations and the
coating of metals. The EPA previously proposed to fully approve these
SIP revisions on the grounds that they satisfied the relevant
requirements under the Clean Air Act (CAA or the Act). After the
comment periods, the EPA identified a deficiency in the submittals that
warrants a limited disapproval. Therefore, we are withdrawing our
previously proposed approvals of these SIP revisions as they pertain to
these rules, published in the Federal Register on May 20, 2021, and
August 24, 2021, and now propose a limited approval and limited
disapproval for these revisions into the California SIP.

DATES: As of August 22, 2022, the proposed approval of Rule 1107 in the
proposed rule published on May 20, 2021 (86 FR 27344), and and the
proposed rule published on August 24, 2021 (86 FR 47268), are
withdrawn. Comments on this proposed limited approval and limited
disapproval and approval must be received on or before September 21,
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0373 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules and rule rescission did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and rule
rescission?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules and rule rescission?
    B. Do the rules meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. EPA Recommendations To Further Improve the Rules
    E. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules and rule rescission did the State submit?

    Table 1 lists the rule revisions addressed by this proposal with
the dates that they were amended or rescinded by the local air agency
and submitted by the California Air Resources Board (CARB) to the EPA.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
         Local Agency              Rule No.        Rule title         Amended        Rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD........................            1106  Marine and              5/3/2019  ..............       2/19/2020
                                                 Pleasure Craft
                                                 Coatings.
SCAQMD........................          1106.1  Pleasure Craft    ..............        5/3/2019       2/19/2020
                                                 Coating
                                                 Operations.
SCAQMD........................            1107  Coating of Metal        2/7/2020  ..............       7/24/2020
                                                 Parts and
                                                 Products.
----------------------------------------------------------------------------------------------------------------

    On August 19, 2020, the submittal for SCAQMD Rule 1106 and the
rescission of Rule 1106.1 was deemed by operation of law to meet the
completeness criteria in 40 CFR part 51, appendix V, which must be met
before formal EPA review.
    On November 24, 2020, the EPA determined that the submittal for
SCAQMD Rule 1107 met the completeness criteria in 40 CFR part 51,
appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of SCAQMD Rule 1106 into the SIP on
July 14, 1995 (60 FR 36227), and we approved SCAQMD Rule 1106.1 into
the SIP on August 31, 1999 (64 FR 47392). The SCAQMD adopted revisions
to the SIP-approved versions of these rules on May 3, 2019, and CARB
submitted them to us on February 19, 2020.
    We approved an earlier version of SCAQMD Rule 1107 into the SIP on
November 24, 2008 (73 FR 70883). The SCAQMD adopted revisions to the
SIP-approved version of this rule on February 7, 2020, and CARB
submitted them to us on July 24, 2020.

C. What is the purpose of the submitted rules and rule rescission?

    Emissions of VOCs contribute to the production of ground-level
ozone, smog, and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC emissions. Rule 1106 regulates VOC
emissions from all marine and pleasure craft coating operations,
including coatings for boats, ships and their appurtenances, buoys, and
oil drilling rigs intended for the marine environment, and applies to
any person who solicits or requires any other person to use a marine
coating. The rule was amended to include pleasure craft coating
operations, lower the VOC content limit of a number of existing
coatings, and add five coatings to the specialty coating list. Rule
1106.1, Pleasure Craft Coating Operations, has been locally rescinded;
however, all of the coatings limits, work practices, test methods and
administrative aspects in Rule 1106.1 are now covered by Rule 1106.
    Rule 1107 regulates VOC emissions from all metal coating
operations. Rule 1107 was required to be updated in order to meet
current reasonably available control technology (RACT) for sources
covered by the 2008 Control Techniques Guidelines (CTG) for
Miscellaneous Metal and Plastic Parts Coatings (MMPP). For example, the
rule revision lowers its exemption requirement from 10 tons per year of
potential emissions of VOC to the MMPP CTG specified total actual 2.7
tons of VOC per 12 month rolling period, per facility, as specified by
the MMPP CTG.\1\
---------------------------------------------------------------------------

    \1\ ``Control Techniques Guidelines Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008), page 3.
---------------------------------------------------------------------------

    The EPA's technical support documents (TSD) have more information
about the rules and rule rescission.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules and rule rescission?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require RACT for each category of sources
covered by a CTG document as well as each major source of VOC in ozone
nonattainment areas classified as Moderate or above (see CAA section
182(b)(2)). The SCAQMD regulates an ozone nonattainment area classified
as Extreme for the 1997, 2008, and 2015 8-Hour Ozone National Ambient
Air Quality Standards (40 CFR 81.305). Rule 1106 is covered by
``Control Techniques Guidelines for Shipbuilding and Ship Repair
Operations'' (61 FR 44050, August 27, 1996), and ``Control Techniques
Guidelines Miscellaneous Metal and Plastic Parts Coatings'' (EPA-453/R-
08-003, September 2008). Rule 1107 is covered by ``Control Techniques:
Guidelines for Miscellaneous Metals and Plastic Parts Coatings'' (EPA-
453/R-08-003, September 2008) and ``Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VI: Surface Coating
of Miscellaneous Metal Parts and Products'' (EPA-450/2-78-15, June
1978). Therefore, both rules must implement RACT.
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants include the following:

    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control Techniques Guidelines for Shipbuilding and Ship
Repair Operations'' (61 FR 44050, August 27, 1996).
    5. ``Alternative Control Techniques Document: Surface Coating
Operations at Shipbuilding and Ship Repair Facilities'' (EPA 453/R-
94-032, April 1994).
    6. ``Control Techniques Guidelines Miscellaneous Metal and
Plastic Parts Coatings'' (EPA-453/R-08-003, September 2008).
    7. ``Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume VI: Surface Coating of Miscellaneous
Metal Parts and Products'' (EPA-450/2-78-15, June 1978).

B. Do the rules and rule rescission meet the evaluation criteria?

    Rule 1106 improves the SIP by establishing more stringent emission
limits on some coating categories, clarifying monitoring, recording and
recordkeeping provisions. The rule is largely consistent with CAA
requirements and relevant guidance regarding enforceability, and SIP
revisions.
    Rule 1107 improves the SIP by establishing more stringent emission
limits on some coating categories, clarifying monitoring, recording and
recordkeeping provisions. The rule is largely consistent with CAA
requirements and relevant guidance regarding enforceability, and SIP
revisions.
    The rescission of Rule 1106.1 prevents redundancy in the SIP
because the requirements of Rule 1106.1 were added to Rule 1106 in
order to make one rule that covered all aspects of Marine and Pleasure
Craft Coatings.
    Rule provisions which do not meet the evaluation criteria are
summarized below and discussed further in the TSD.

C. What are the rule deficiencies?

    The following provisions in Rules 1106 and 1107 include references
to a test method, ASTM D7767-11 (2018)--``Standard Test Method to
Measure Volatiles from Radiation Curable Acrylate Monomers, Oligomers
and Blends and Thin Coatings Made from Them,'' which is not approved by
the EPA and therefore cannot be used to enforce a SIP approved rule.
Thus, these provisions do not satisfy the requirements of section 110
and part D of the Act and prevent full approval of the rules.
    Rule 1106, Marine and Pleasure Craft Coatings:

    1. Section (c)(9) Definitions:``Energy Curable Coatings.''
    2. Section (i)(1) Exemption: ``Energy Curable Coatings.''

    Rule 1107, Coating of Metal Parts and Products:

    1. Section (b)(15) Definition: ``Energy Curing Coatings.''
    2. Section (e)(1)(C) Methods of Analysis: Determination of VOC
Content: Thin Film Energy Curable.

D. EPA Recommendations To Further Improve the Rules

    The relevant TSD includes recommendations to further improve Rule
1106 including:

    1. Section (d) Requirements, Table of Standards, ``Metallic Heat
Resistant Coating,'' is not in the 1996 Marine Coatings CTG. We
suggest that it be removed.
    2. Section (d) Requirements, Table of Standards, ``Elastomeric
Adhesives,'' is not in the 1996 Marine Coatings CTG. We suggest that
it be removed.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA
is proposing a limited approval and limited disapproval of Rules 1106
and 1107 and an approval of the recission of Rule 1106.1.
Simultaneously, the EPA is withdrawing its August 24, 2021 proposed
approval of Rule 1106 and rescission of Rule 1106.1 and its May 24,
2021 proposed approval of Rule 1107 based on the deficiencies described
above. We will accept comments from the public on this proposal until
September 21, 2022. If finalized, this action would incorporate the
submitted rules into the SIP, including those provisions identified as
deficient. This approval is limited because the EPA is simultaneously
proposing a limited disapproval of the rules under section 110(k)(3).
If we finalize these limited disapprovals, CAA section 110(c) would
require the EPA to promulgate a federal implementation plan within 24
months unless we approve subsequent SIP revisions that correct the
deficiencies identified in the final approval.
    Additionally, a final disapproval would trigger the offset sanction
in CAA section 179(b)(2) 18 months after the effective date of a final
disapproval, and the highway funding sanction in CAA section 179(b)(1)
six months after the offset sanction is imposed. A sanction will not be
imposed if the EPA determines that a subsequent SIP submission corrects
the deficiencies identified in our final action before the applicable
deadline.
    Note that the submitted rules have been adopted by the SCAQMD, and
the EPA's final limited disapproval would not prevent the local
agencies from enforcing them. The limited disapprovals also would not
prevent any portion of the rules from being incorporated by reference
into the federally enforceable SIP, as discussed in a July 9, 1992 EPA
memo on processing SIP submittals.\2\
---------------------------------------------------------------------------

    \2\ See Processing of State Implementation Plan (SIP) Submittals
Memorandum from John Calgani, Director Air Quality Management
Division, to EPA Regional Offices, July 9, 1992.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference SCAQMD Rule 1106, rescission of SCAQMD Rule 1106.1 and SCAQMD
Rule 1107 described in Table 1 of this preamble. The EPA has made, and
will continue to make, these materials available through https://www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

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

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

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

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-17935 Filed 8-19-22; 8:45 am]
BILLING CODE 6560-50-P