[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Page 47922]
[FR Doc No: 2015-19592]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0467; FRL-9932-08-ORD]

Board of Scientific Counselors (BOSC) Safe and Sustainable Water
Resources Subcommittee Meeting--August 2015; Public Requests Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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SUMMARY: On July 30, 2015, the U.S. Environmental Protection Agency
(EPA), Office of Research and Development (ORD), gave notice of a
meeting of the Board of Scientific Counselors (BOSC) Safe and
Sustainable Water Resources Subcommittee in the Federal Register. On
Page 45536, Column 3, in the DATES section, EPA inadvertently listed
the date by which members of the public should request a draft agenda
or request an opportunity to make oral presentations at the meeting as
July 25, 2015. The correct date by which requests should be made is
August 25, 2015.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Cindy Roberts, Mail Code 8104R, Office of Science Policy,
Office of Research and Development, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; via phone/
voice mail at:<PHONE_NUMBER>; or via email at<EMAIL_ADDRESS>
    Dated: July 31, 2015.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2015-19592 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Page 20876]
[FR Doc No: 2023-07393]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Change in Date for the July Commission Open Meeting

    Take notice that the Commission has changed the date for its July
2023 open meeting. The meeting will now take place on Thursday, July
27, 2023. The open meeting had been initially scheduled for Thursday,
July 20, 2023.\1\
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    \1\ The start time of the meeting remains 10:00 a.m. Eastern
Time.

    Dated: April 3, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-07393 Filed 4-6-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29232-29236]
[FR Doc No: 2022-10211]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0644; FRL-9164-02-R8]

Air Plan Approval; Colorado; Denver Metro/North Front Range
Nonattainment Area; Nonattainment NSR Permit Program Certification for
the 2015 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Colorado.
The submittal certifies that the State of Colorado has fulfilled,
through previous SIP revisions, Nonattainment New Source Review (NNSR)
Permit Program requirements under the 2015 8-hour ozone National
Ambient Air Quality Standards (NAAQS) for the Denver Metro/North Front
Range (DMNFR) area. The State of Colorado submitted the certification
to meet the nonattainment requirements for Marginal ozone nonattainment
areas (NAAs) for the 2015 8-hour ozone NAAQS. The EPA is taking this
action pursuant to sections 110, 172, 173, and 182 of the Clean Air Act
(CAA).

DATES: This rule is effective on June 13, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0644. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number:<PHONE_NUMBER>, email address:
[email protected].

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

I. Background

    The background for this action is discussed in detail in our
November 2, 2021 proposal.\1\ In that document we proposed to approve a
NNSR permit program certification for the DMNFR Marginal NAA because
the certified NNSR permit program was prepared in accordance with
requirements of sections 172(c)(5) and 173 of the CAA and fulfills the
specific minimum SIP requirements of 40 CFR 51.165. The EPA is
finalizing its proposed approval of the NNSR certification submitted by
the State of Colorado for the DMNFR Marginal NAA under the 2015 8-hour
ozone NAAQS. With this final rulemaking Colorado will have met the NNSR
permit program requirement stemming from the Marginal nonattainment
designation of the DMNFR area.
---------------------------------------------------------------------------

    \1\ Approval and Promulgation of Implementation Plans; Colorado;
Denver Metro/North Front Range Nonattainment Area; Nonattainment NSR
Permit Program Certification for the 2015 8-Hour Ozone Standard, 86
FR 60434 (November 2, 2021).
---------------------------------------------------------------------------

    EPA held a 30-day comment period on the proposed rulemaking
beginning on November 1, 2021 and closing on December 2, 2021. We
received comments on the proposal from two commenters. One individual
expressed support for our proposed rulemaking. We also received
comments from the Center for Biological Diversity (CBD) claiming that
EPA must hold a new comment period and that Colorado's SIP is
inadequate with respect to NNSR permit program requirements. We thank
the commenters and our responses to the comments received are included
below.

II. Response to Comments

Commenter 1

    One commenter expressed support of the proposed approval and
provided a general suggestion that sources be given time to make any
needed changes to practices.
    Response: With respect to the commenter's concern that sources be
given time to make changes to practices, we note that this rulemaking
does not impose any additional regulatory requirements on sources that
would take time to implement. NNSR is a preconstruction review program
that only applies to new sources and major modifications at existing
sources. This action solely approves the certification submitted by the
State of Colorado explaining that the existing federally-approved NNSR
permit program meets the requirements of 172(c)(5) and 173 of the CAA
and fulfills the specific minimum SIP requirements of 40 CFR 51.165 for
NNSR permit programs for the 2015 8-hour ozone NAAQS.

Comments From the Center for Biological Diversity

Comment 1
    CBD asserts that EPA must hold a new comment period since EPA did
not include the regulatory provisions that it is proposing to approve
in the docket.
    Response: In this rulemaking, EPA proposed to approve a NNSR permit
program certification that was submitted by Colorado and which
certified that the State's existing SIP-approved NNSR permit program
meets the marginal nonattainment requirement for implementation of a
NNSR permit program. As such, our action does not approve any actual
revisions to the text of the Colorado SIP, as was stated in our
proposed rulemaking. The provisions which have been approved by EPA
into the Colorado SIP via past rulemaking actions are publicly
available, and were publicly available at the time of our proposed
rulemaking, on EPA's web page showing approved statutes and regulations
in the Colorado SIP.\2\ Links to the EPA actions that have most
recently approved revisions to each section of the Colorado SIP are
available at this EPA web page and can also be found at 40 CFR part 52,
subpart G.\3\
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    \2\ See https://www.epa.gov/sips-co/epa-approved-statutes-and-regulations-colorado-sip. We note that this compilation of EPA-
approved statutes and regulations had not yet been updated at the
time of our proposed rulemaking to reflect the revisions to
Colorado's NNSR program that were approved by EPA in 2019 at 84 FR
18991 (May 3, 2019). However, that action (84 FR 18991) was
specifically referenced in our notice of proposed rulemaking as
being the most recent approval of revisions to Colorado's SIP-
approved NNSR permit program.
    \3\ See https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-52/subpart-G.
---------------------------------------------------------------------------

    Furthermore, the provisions of Colorado's SIP that the state
certified as meeting the requirements for NNSR programs for new major
sources and major modifications at existing sources in ozone
nonattainment areas are specifically listed in the ``Clean Air Act
Elements Table'' provided at attachment 7 of Colorado's SIP submittal.
Attachment 7 of the submittal was referenced in the proposed rulemaking
as being the NNSR provisions that Colorado is certifying. See 86 FR
60435. According to that attachment, the relevant SIP provisions for
the NNSR permit program are found in sections I, II, and V of
Regulation 3, Part D of the Colorado Code of Regulations (CCR). Instead
of approving new revisions to the text of the existing SIP, this action
approves those existing regulations which have already been
incorporated into the SIP as meeting NNSR permit program requirements
for ozone NAAs under the 2015 8-hour ozone NAAQS. Since no revisions to
the Colorado SIP were submitted by the State and because, as mentioned
previously, the existing SIP is available to the public and specific
sections of the submittal highlighted the relevant provisions in the
SIP, it is not necessary to include a copy of the SIP-approved NNSR
permit program in the docket of the proposed rulemaking. Furthermore,
it is not necessary to include a copy of the SIP-approved NNSR permit
program in the docket since the opportunity for public comment was
previously provided on each occasion that revisions to the NNSR permit
program were approved into the SIP. This is consistent with other
actions taken by EPA in approving certification SIP submittals to meet
the 2008 and 2015 Marginal area SIP revision requirement for NNSR
permit programs in which the State submittals and EPA approvals make
reference to the relevant State regulations that are already federally
approved while noting the most recent approval of revisions to the NNSR
provisions.\4\
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    \4\ Air Plan Approval; Texas; Clean Air Act Requirements for
Nonattainment New Source Review and Emission Statements for the 2015
Ozone National Ambient Air Quality Standards, 86 FR 50456 (September
9, 2021). Approval and Promulgation of Air Quality Implementation
Plans; Pennsylvania; Nonattainment New Source Review Requirements
for 2008 8-Hour Ozone Standard, 84 FR 5598 (February 22, 2019).
---------------------------------------------------------------------------

Comment 2
    CBD asserts that EPA must disapprove Colorado's NNSR permit program
certification because the NNSR program does not address the designation
of northern Weld County as nonattainment given that this designation is
effective beginning on December 30, 2021.
    Response: This comment concerns the applicability of Colorado's
NNSR permit program to the portion of Weld County that was newly
designated as nonattainment as part of the DMNFR NAA, effective on
December 30, 2021. Colorado's SIP-approved NNSR program applies
generally to all ozone NAAs within the State of Colorado.\5\ Thus, upon
the effective date of designation of northern Weld County as
nonattainment through inclusion in the DMNFR NAA, the existing NNSR
permit program applies by operation of law to new major sources and
major modifications in the portion of northern Weld County that has
been newly designated as nonattainment. Since the 2015 nonattainment
boundary was remanded without vacatur, the NAA boundary that did not
include northern Weld County was effective at the time of publication
of our proposed rule. Therefore, our proposed rule noted that to the
extent that EPA's designation changes on remand, Colorado will be
required to address the change as part of a future SIP revision. Upon
further review, EPA acknowledges that the footnote in EPA's proposal
that commenters reference (footnote 6 at 86 FR 60435) could be
clearer.\6\ That footnote was not intended to speak directly to the
NNSR permit program requirement, but rather was intended to make a
general point that additional supplements or revisions could be needed
to fulfill Marginal area SIP revision requirements should a change in
the NAA boundary be made final. This footnote is consistent with the
language used in EPA's final action regarding designations for remanded
areas at 86 FR 67869.\7\ Since EPA interprets Colorado's NNSR permit
program as being generally applicable to any ozone NAA within the
State, it became applicable to the newly-designated portion of Weld
County on the effective date of this designation (Dec. 30, 2021). There
is no need for additional revisions to the existing NNSR permit program
to make it applicable to the area of northern Weld County designated as
nonattainment in 2021.\8\
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    \5\ 5 CCR 1001-5:3D.II.A.25.b; 5 CCR 1001-5:3D.V.A.3.
    \6\ Footnote 6 at 86 FR 60435 of EPA's proposal is copied here
for reader convenience: The EPA excluded part of Weld County from
the DMNFR NAA, but that designation was remanded without vacatur in
Clean Wisconsin v. EPA, 964 F.3d 1145, 1167-69, 1177 (D.C. Cir.
2020). To the extent the EPA's designation with respect to Weld
County changes on remand, CO will be required to address the change
in a future SIP revision.
    \7\ Additional Revised Air Quality Designations for the 2015
Ozone National Ambient Air Quality Standards: El Paso County, Texas
and Weld County, Colorado, 86 FR 67864 (November 30, 2021).
    \8\ EPA acknowledges that 2021 revised designations action
amending the boundary line for Denver Metro/North Front Range NAA to
include the northern portion of Weld County has been challenged in
court. Board of County Commissioners of Weld County, CO v. EPA, No.
21-1263 (D.C. Cir., Dec. 15, 2021). On March 15, 2021, the court
denied Petitioners' request to stay the Agency's revised
designations action. If the court eventually takes an action that
results in northern Weld county's exclusion from the Denver Metro/
North Front Range NAA, then Colorado's existing NNSR permit program
would no longer apply there until such time northern Weld County is
again part of an ozone nonattainment area.
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Comment 3
    CBD asserts that EPA must disapprove Colorado's certification of
the state's NNSR permit program because the program does not ensure
that minor sources in the DMNFR NAA will not cause or contribute to
increment violations.
    Response: The NNSR permit program requirements that are the focus
of this action are specific to new major sources and modifications at
existing sources in

ozone NAAs and include the requirements that were promulgated in the
``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS and which are
listed in our proposed rulemaking.\9\ Therefore, since none of the
requirements for NNSR major source permit programs at 40 CFR 51.165
concern contributions to consumption of PSD increment, this comment
falls outside the scope of this proposed rulemaking. Furthermore, we
again note for clarity that the EPA is not approving any revision to
the Colorado SIP. Instead, EPA is approving Colorado's certification
that the existing SIP-approved NNSR permit program continues to meet
the minimum requirements for NNSR permit programs in Marginal ozone
NAAs under the 2015 8-hour ozone NAAQS. Colorado's SIP certification
did not, and need not, address the PSD or minor source permitting
requirements under 40 CFR 51.166 or 51.160. Further, there is no PSD
increment for ozone in section 51.166(c).
---------------------------------------------------------------------------

    \9\ Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard-Phase2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention
of Significant Deterioration as They Apply in Carbon Monoxide,
Particulate Matter and Ozone NAAQS; Final Rule for Reformulated
Gasoline, 70 FR 71612 (November 29, 2005).
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Comment 4
    CBD asserts that EPA must disapprove Colorado's certification of
their NNSR permit program because the program provides for exclusions
of temporary emissions and emissions from internal combustion engines
on vehicles from being used in the determination of whether a source is
a major stationary source subject to NNSR permitting. CBD claims these
exclusions are not allowed by the CAA.
    Response: As referenced by the commenter, the definition of
potential to emit at 40 CFR 51.165(a)(1)(iii) excludes secondary
emissions in determining the potential to emit of a stationary source.
Secondary emissions are defined at 40 CFR 51.165(a)(1)(viii) to include
emissions which would occur because of the construction or operation of
a major stationary source or major modification, but do not come from
the major stationary source or major modification itself. NNSR
permitting concerns continuous operating emissions of a stationary
source and not temporary emissions or emissions associated with
construction. Therefore, the exclusion of emissions from temporary
activities contained at Section II.A.25.f of Regulation 3, Part D in
the CCR is allowable per the definition of secondary emissions and
exclusion of secondary emissions under the definition of potential to
emit at 40 CFR 51.165. The exclusion of emissions from internal
combustion engines on any vehicle at Section II.A.25.f of Regulation 3,
Part D is appropriate since mobile source emissions from nonroad mobile
and on-road mobile sources are not considered as part of the operating
emissions of a stationary source. However, under the definition of
``Nonroad engine'' at 40 CFR 1068.30 an internal combustion engine is
not a nonroad engine if it remains or will remain at a location for
more than 12 consecutive months and would instead become a stationary
engine as specified by 40 CFR 1068.31(e)(1). This definition is
reflected in Section I.B.31.b.(iii) of Regulation 3, Part A of the CCR
which is incorporated into the SIP.\10\ Mobile source emissions are
regulated by Title II of the CAA which includes emissions standards for
moving sources and therefore mobile source emissions are not included
in the determination of whether a stationary source is a major source
for NNSR purposes. Section II.G of Appendix S to 40 CFR part 51, which
set forth EPA's interpretive ruling on preconstruction review, details
that ``since EPA's authority to perform or require indirect source
review relating to mobile sources regulated under Title II of the Act
(motor vehicles and aircraft) has been restricted by statute,
consideration of the indirect impacts of motor vehicles and aircraft is
not required under this Ruling.'' We therefore disagree with the
assertion by the commenter that the exclusion of temporary emissions
and emissions from internal combustion engines on vehicles are not
allowable in the determination of whether a source is major with
respect to NNSR permitting.
---------------------------------------------------------------------------

    \10\ 5 CCR 1001-5:3A.I.B.31.b.(iii).
---------------------------------------------------------------------------

Comment 5
    CBD asserts EPA must disapprove Colorado's certification of their
NNSR permit program because the program provides for exemptions
relating to offset requirements not allowed under the CAA or EPA's
regulations. Specifically, the commenter claims that the following
exemptions from offset requirements that are located in Regulation 3,
Part D are not allowed: Portable sources that will relocate outside a
NAA in less than one year, pilot plants that operate an aggregate of
less than six months, construction phases of a new or modified
building/facility/structure/installation, temporary processes or
activities of less than one year in duration, and sources undergoing
fuel switches.\11\
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    \11\ 5 CCR 1001-5:3D.V.A.8.a(i)(A)-(E)
---------------------------------------------------------------------------

    Response: Appendix S to 40 CFR part 51 is a codification of EPA's
Emissions Offset Interpretive Ruling on the preconstruction review
requirements for stationary sources under 40 CFR part 51, subpart I.
Section IV.B of Appendix S contains exemptions consistent with those
that the commenter objects to. These exemptions include temporary
emission sources such as portable facilities that will be relocated
outside of the NAA after a short period of time, pilot plants, and
emissions resulting from the construction phase of a new source. We
highlight that this Appendix S provision concerning offset exemptions
for temporary emissions from construction phases does not prohibit
reviewing authorities from concluding that emissions associated with
construction phases exceeding a period of one year are temporary
emissions. The language of section IV.B of Appendix S is general enough
to allow the reviewing authority to exempt emissions resulting from a
construction phase exceeding one year from offset requirements. Section
IV.B of Appendix S also includes an exemption for sources which must
switch fuels due to lack of adequate fuel supplies or where a source is
required to be modified as a result of EPA regulations. This exemption
applies only if an applicant has demonstrated that it has made its best
efforts to obtain sufficient emission offsets and that efforts were
unsuccessful, the applicant has secured all available emission offsets,
and the applicant will continue to seek the necessary emission offsets
and apply them when they become available. Appendix S currently serves
as a NNSR permitting program that may be applied by states that do not
have an approved NNSR program in their SIP or lack a particular element
of such a program. The omission of the Appendix S offset exemptions at
40 CFR 51.165 does not preclude the inclusion of the same exemptions in
the Colorado SIP. The Emissions Offset Interpretive Ruling reflects a
longstanding EPA interpretation of the CAA. EPA does not consider it
appropriate to allow states without an approved NNSR program to apply
the exemptions in Appendix S, while denying states who have taken on
the task of developing an NNSR program for EPA approval the same
opportunity to implement exemptions that EPA has previously-determined
to be permissible under the Act. The exemption from offset requirements
at Section IV.B of Appendix S to 40 CFR

part 51 specifically for emissions resulting from the construction
phase of a new source was most recently recognized as an appropriate
exemption in a permit issued by EPA for the South Fork Windfarm on the
Outer Continental Shelf (OCS).\12\ Therefore, we disagree with the
claim made by the commenter that the exemptions at section V.A.8 of
Regulation 3, Part D are not allowed under the CAA or EPA's regulations
since, as detailed previously, these exemptions are in section IV.B of
Appendix S to 40 CFR part 51.
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    \12\ See EPA Response to Comments for South Fork Windfarm OCS
Air Permit at p. 14. Available online at https://www.epa.gov/system/files/documents/2022-01/sfw-response-comments-final-permit-ocs-r1-04.pdf.
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III. Final Action

    The EPA is finalizing approval of the NNSR permit program
certification submitted by the State of Colorado because the certified
NNSR Permit Program was prepared in accordance with requirements of
sections 172(c)(5) and 173 of the CAA and fulfills the specific minimum
SIP requirements of 40 CFR 51.165.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 12, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: May 8, 2022.
KC Becker,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart G--Colorado

0
2. In Sec.  52.320, the table in paragraph (e) is amended by revising
the center heading ``Maintenance Plans'' and adding the entry ``Ozone
(8-hour, 2015) DMNFR NNSR Certification'' at the end of the ``Denver
Metropolitan Area'' subheading to read as follows:

Sec.  52.320   Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                         State        EPA  effective  Final rule  citation/
               Title                effective  date        date               date                Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Maintenance and Attainment Plan Elements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Ozone (8-hour, 2015) DMNFR NNSR           7/6/2020        6/13/2022   May 13, 2022,         ....................
 Certification.                                                        [insert Federal
                                                                       Register citation].

                                                  * * * * * * *
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[FR Doc. 2022-10211 Filed 5-12-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Proposed Rules]
[Pages 1377-1378]
[FR Doc No: 2011-212]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0608; Airspace Docket No. 10-ACE-6]

Proposed Amendment of Class E Airspace; Mosby, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Mosby, MO.
Decommissioning of the Mosby non-directional beacon (NDB) at Midwest
National Air Center Airport, Mosby, MO, has made this action necessary
for the safety and management of Instrument Flight Rules (IFR)
operations at Midwest National Air Center Airport.

DATES: 0901 UTC. Comments must be received on or before February 24,
2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2010-0608/Airspace Docket No. 10-
ACE-6, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-0608/
Airspace Docket No. 10-ACE-6.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd, Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by modifying Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Midwest National Air Center Airport,

Mosby, MO. Airspace reconfiguration is necessary due to the
decommissioning of the Mosby NDB and the cancellation of the NDB
approach. Controlled airspace is necessary for the safety and
management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010, and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed 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. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled airspace at Midwest National Air Center
Airport, Mosby, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

    1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and effective September 15, 2010, is amended as follows:

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

* * * * *

ACE MO E5 Mosby, MO [Amended]

Mosby, Midwest National Air Center Airport, MO
    (Lat. 39[deg]19'57'' N., long. 94[deg]18'35'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Midwest National Air Center Airport.

    Issued in Fort Worth, TX, on December 29, 2010.
Roger M. Trevino,
Acting Manager, Operations Support Group, AJV-C2, ATO Central Service
Center.
[FR Doc. 2011-212 Filed 1-7-11; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6307]
[FR Doc No: 2023-01903]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4483-DR; Docket ID FEMA-2023-0001]

Iowa; Amendment No. 9 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-4483-DR), dated March 23, 2020, and related
determinations.

DATES: This change occurred on January 9, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Andrea
Spillars, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Kathy Fields as Federal
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01903 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51804-51805]
[FR Doc No: 2023-16700]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and

Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-62-000.
    Applicants: Hope Gas, Inc.
    Description: Sec.  284.123 Rate Filing: HGI--Revised Statement of
Operating Conditions to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5001.
    Comment Date: 5 p.m. ET 8/21/23.

    Docket Numbers: RP23-922-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
08.01.23--Chevron to be effective 8/1/2023.
    Filed Date: 7/28/23.
    Accession Number: 20230728-5161.
    Comment Date: 5 p.m. ET 8/9/23.

    Docket Numbers: RP23-923-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Central FL
Perm Release to FPUC to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5020.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-924-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Remove Expired Negotiated Rate
Agreement--7/31/2023 to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5046.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-925-000.
    Applicants: LA Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Filing of Negotiated Rate,
Conforming IW Agreement 7.31.23 to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5050.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-926-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Conoco August 2023) to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5052.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-927-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Hartree Aug 2023) to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5055.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-928-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20230731 Negotiated Rate to be
effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5063.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-929-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Sec.  4(d) Rate Filing: National Fuel Rate Case 2023
to be effective 9/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5076.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-930-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Sec.  4(d) Rate Filing: SGSC General Section 4 Rate
Case to be effective 9/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5079.
    Comment Date: 5 p.m. ET 8/14/23.

    Docket Numbers: RP23-931-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements--
Southern Company and Spire AL Aug 2023 to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5084.
    Comment Date: 5 p.m. ET 8/14/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP22-1031-005.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Compliance filing: RP22-1031 Settlement Compliance
Filing to be effective 8/1/2023.
    Filed Date: 7/31/23.
    Accession Number: 20230731-5028.
    Comment Date: 5 p.m. ET 8/14/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    For other information, call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>. The Commission's Office of Public Participation
(OPP) supports meaningful public engagement and participation in
Commission proceedings. OPP can help members of the public, including
landowners, environmental justice communities, Tribal members and
others, access publicly available information and navigate Commission
processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 31, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-16700 Filed 8-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10676-10678]
[FR Doc No: 2013-03426]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68878; File No. SR-EDGX-2013-07]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to the EDGX Exchange, Inc. Fee Schedule

February 8, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 31, 2013, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c). All
of the changes described herein are applicable to EDGX Members. The
text of the proposed rule change is available on the Exchange's
Internet Web site at www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
---------------------------------------------------------------------------

    \3\ As defined in Exchange Rule 1.5(n).
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange currently assesses a charge of $0.0003 per share for
Members' orders that yield Flag RY. The Exchange proposes to increase
the rate it charges for Flag RY from $0.0003 per share to $0.0005 per
share for Members' orders that route to the BATS Y-Exchange, Inc.
(``BATS BYX'') and add liquidity. This proposed change represents a
pass through of the rate that Direct Edge ECN LLC (d/b/a DE Route)
(``DE Route''), the Exchange's affiliated routing broker dealer, is
charged for routing orders to BATS BYX that do not qualify for
additional volume tiered discounts, as described in BATS BYX's fee
filing with the Securities and Exchange Commission.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 68665 (January 16,
2013), 78 FR 4946 (January 23, 2013) (SR-BYX-2013-001).
---------------------------------------------------------------------------

    The Exchange proposes to add Flag RT to its fee schedule for
Members' orders that route to away trading centers using the ROUT
routing strategy \5\ and remove liquidity from the away exchange. The
Exchange proposes to assess a fee of $0.0030 per share for orders
yielding Flag RT.
---------------------------------------------------------------------------

    \5\ As defined in Exchange Rule 11.9(b)(3)(c)(ii).
---------------------------------------------------------------------------

    The Exchange proposes to add Flag RX to its fee schedule for
Members' orders that route to away trading centers using the ROUX
routing strategy \6\ and remove liquidity from the away exchange. The
Exchange proposes to assess a fee of $0.0030 per share for orders
yielding Flag RX.
---------------------------------------------------------------------------

    \6\ As defined in Exchange Rule 11.9(b)(3)(c)(iii).
---------------------------------------------------------------------------

    The Exchange proposes to implement these amendments to its fee
schedule on February 1, 2013.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange's proposed fee increase for Flag RY represents a pass-
through rate where BATS BYX charges DE Route $0.0005 per share for
Members' orders that route to BATS BYX through DE Route and add
liquidity, and then DE Route charges the Exchange $0.0005 per share,
and then the Exchange charges its

Members $0.0005 per share. The Exchange's proposal represents an
equitable allocation of reasonable dues, fees, and other charges among
Members of the Exchange and other persons using its facilities because
the Exchange does not levy additional fees or offer additional rebates
for orders that it routes to BATS BYX through DE Route. Prior to BATS
BYX's January 2013 fee filing, BATS BYX charged DE Route a fee of
$0.0003 per share for orders yielding Flag RY, which DE Route passed
through to the Exchange and the Exchange passed through to its Members.
In BATS BYX's January 2013 fee filing, BATS BYX increased the rate it
charges its customers, such as DE Route, from $0.0003 per share to a
charge of $0.0005 per share for orders that are routed to BATS BYX and
add liquidity. Therefore, the Exchange believes that the proposed
change in Flag RY from a fee of $0.0003 per share to a fee of $0.0005
per share is equitable and reasonable because it accounts for the
pricing changes on BATS BYX. In addition, the proposal allows the
Exchange to continue to charge its Members a pass-through rate for
orders that are routed to BATS BYX and add liquidity using DE Route.
The Exchange notes that routing through DE Route is voluntary. Lastly,
the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
    The Exchange believes that its proposal to assess a charge of
$0.0030 per share for orders that yield Flag RT represents an equitable
allocation of reasonable dues, fees and other charges among its Members
and other persons using its facilities. By electing the ROUT routing
strategy, Members' orders check the System for available shares and
then are sent to destinations on the System routing table,\9\ and any
unexecuted shares are posted to EDGX, unless otherwise instructed. The
Exchange believes that the proposed rate of $0.0030 per share for
orders that yield Flag RT is equitable because it is comparable to the
Exchange's default rate of $0.0029 per share that it charges Members
for routing to away trading destinations and removing liquidity from
the away exchange and also accounts for the increased costs associated
with the ROUT routing strategy routing to all displayed markets
including more costly destinations such as NYSE Arca, Inc. (``NYSE
Arca'') and The NASDAQ Stock Market LLC (``NASDAQ''). In addition, the
Exchange believes that the proposed rate of $0.0030 per share for
orders that yield Flag RT is reasonable because it is comparable to the
fees charged by other exchanges for similar routing strategies. Namely,
BATS Exchange, Inc. (``BATS BZX'') charges its customers a rate of
$0.0029 per share for orders using its Parallel D or Parallel 2D
routing strategies; \10\ and NASDAQ charges its customers a rate of
$0.0030 per share for orders using its SCAN and STGY routing
strategies.\11\ Lastly, the Exchange also believes that the proposed
amendment is non-discriminatory because it applies uniformly to all
Members.
---------------------------------------------------------------------------

    \9\ As defined in Exchange Rule 11.9(b)(3).
    \10\ See BATS BZX Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BZX_Fee_Schedule.pdf. See also
BATS BZX Rules 11.13(a)(3)(B) and (C) (describing Parallel D and
Parallel 2D as routing options under which an order checks the
BATS's system for available shares and then is sent to destinations
on the BATS's system routing table and the BATS's system may route
to multiple destinations at a single price level simultaneously
through Parallel D or Parallel 2D routing). Rules of BATS Exchange,
Inc., http://cdn.batstrading.com/resources/regulation/rule_book/BATS_Exchange_Rulebook.pdf.
    \11\ See NASDAQ, Price List--Trading & Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#route. See
also NASDAQ, Routing Strategies and Order Types Guide, http://www.nasdaqtrader.com/content/ProductsServices/Trading/Workstation/rash_strategy.pdf (describing SCAN and STGY routing strategies).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to assess a charge of
$0.0030 per share for orders that yield Flag RX represents an equitable
allocation of reasonable dues, fees and other charges among its Members
and other persons using its facilities. By electing the ROUX routing
strategy, Members' orders check the System for available shares and
then are sent to destinations on the System routing table, and any
unexecuted shares are posted to EDGX, unless otherwise instructed. The
Exchange believes that the proposed rate of $0.0030 per share for
orders that yield Flag RX is equitable because it is comparable to the
Exchange's default rate of $0.0029 per share that it charges Members
for routing to away trading destinations and removing liquidity from
the away exchange and also accounts for the increased costs associated
with the ROUX routing strategy routing to all displayed markets
including more costly destinations such as NYSE Arca and NASDAQ. In
addition, the Exchange believes that the proposed rate of $0.0030 per
share for orders that yield Flag RX is reasonable because it is
comparable to the fees charged by other exchanges for similar routing
strategies. Namely, BATS BZX charges its customers a rate of $0.0029
per share for orders using its Parallel D or Parallel 2D routing
strategies; and NASDAQ charges its customers a rate of $0.0030 per
share for orders using its SKIP and SKNY routing strategies.\12\
Lastly, the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \12\ See NASDAQ, Routing Strategies and Order Types Guide,
http://www.nasdaqtrader.com/content/ProductsServices/Trading/Workstation/rash_strategy.pdf (describing SKIP and SKNY routing
strategies).
---------------------------------------------------------------------------

    The Exchange also notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
Members. The Exchange believes the fees and credits remain competitive
with those charged by other venues and therefore continue to be
reasonable and equitably allocated to Members.

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

    These proposed rule changes do not impose any burdens on
competition that are not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange does not believes that any of the
changes represent a significant departure from previous pricing offered
by the Exchange or pricing offered by the Exchange's competitors.
    Regarding Flag RY, the Exchange believes its proposal to assess a
charge of $0.0005 per share increases competition among trading centers
because it offers customers an alternative means to route to BATS BYX
and add liquidity for the same price as entering orders on BATS BYX
directly. The Exchange believes that its proposal will have no burden
on intramarket competition because the rate applies uniformly to all
Members.
    Regarding Flag RT, the Exchange believes that its proposal to
assess a fee of $0.0030 per share for Members' orders that route using
the ROUT routing strategy and remove liquidity from the away exchange
will increase competition because it is comparable to the rates charged
by BATS BZX and NASDAQ for similar routing strategies. The Exchange
believes that its proposal will have no burden on intramarket
competition because the rate applies uniformly to all Members. The
Exchange believes that its proposal will

increase competition for routing services because the market for order
execution is competitive and the Exchange's proposal provides customers
with another alternative to route their orders. The Exchange notes that
routing through DE Route is voluntary.
    Regarding Flag RX, the Exchange believes that its proposal to
assess a fee of $0.0030 per share for Members' orders that route using
the ROUX routing strategy and remove liquidity from the away exchange
will increase competition because it is comparable to the rates charged
by BATS BZX and NASDAQ for similar routing strategies. The Exchange
believes that its proposal will have no burden on intramarket
competition because the rate applies uniformly to all Members. The
Exchange believes that its proposal will increase competition for
routing services because the market for order execution is competitive
and the Exchange's proposal provides customers with another alternative
to route their orders. The Exchange notes that routing through DE Route
is voluntary.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(2) \14\ thereunder. At
any time within 60 days of the filing of such proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 19b-4(f)(2)[sic].
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2013-07 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-EDGX-2013-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-EDGX-2013-07 and should be
submitted on or before March 7, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2013-03426 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]
[Page 10208-10209]
[DOCID:fr07mr07-95]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD07-7-000]

Conference on Competition in Wholesale Power Markets; Second
Supplemental Notice of Conference

February 26, 2007.
    As announced in the Notice of Conference issued on January 8, 2007
and the Supplemental Notice of Conference on February 9, 2007, the
Federal Energy Regulatory Commission (Commission) will hold the first
in a series of conferences on February 27, 2007, to examine the state
of competition in wholesale power markets. The first conference will be
held from 9 a.m. to 4 p.m. (EST) at the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, in the
Commission Meeting Room. All interested persons are invited to attend,
and registration is not required.
    The final agenda for this conference, with a list of participating
panelists, is attached. In order to allot sufficient time for questions
and responses, each speaker will be provided with eight (8) minutes for
prepared remarks. Following the conference, any interested person will
be permitted to file written comments in the above docket on or before
March 13, 2007.
    Transcripts of the conference will be immediately available from
Ace Reporting Company<PHONE_NUMBER> or 1-800-336-6646) for a fee. They
will be available for the public on the Commission's eLibrary system
seven calendar days after FERC receives the transcript.
    A free webcast of this event will be available through
http://www.ferc.gov. Anyone

with Internet access who desires to view this event can do so by
navigating to http://www.ferc.gov's Calendar of Events and locating this event

in the Calendar. The event will contain a link to its webcast. The
Capitol Connection provides technical support for the free webcasts. It
also offers access to this event via television in the DC area and via
phone bridge for a fee. If you have any questions, visit http://www.CapitolConnection.org
 or contact Danelle Perkowski or David

Reininger at<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Moon
Paul, Esq., Office of the General Counsel--Energy Markets, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E7-3961 Filed 3-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36656-36658]
[FR Doc No: 2013-14559]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0301]
RIN 1625-AA00

Safety Zone; Coronado Fourth of July Fireworks, Glorietta Bay;
Coronado, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone upon
the navigable waters of Glorietta Bay for the Coronado Fourth of July
Fireworks on July 4, 2013. This temporary safety zone is a modification
of an existing permanent safety zone, made due to a change in location
of the fireworks barge. The safety zone is necessary to provide for the
safety of the crew, spectators, and other users and vessels of the
waterway and is the direct result of ongoing event planning with the
Coast Guard and event stakeholders.

DATES: This rule is effective from 8:45 p.m. to 10:00 p.m. on July 4,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0301. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Bannon, Chief of Waterways, U.S. Coast
Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a Notice of Proposed Rulemaking (NPRM) on
May 17, 2013 (78 FR 29094), that highlighted the movement of the
fireworks barge and intention to notify the public of the change from
the existing permanent annual one-day safety zone listed in 33 CFR
165.1123. We received no comments on this proposed rule. In addition,
the Coast Guard has not received a request for a public meeting.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The fireworks are planned for July
4, 2013, so a 30-day delay would be impracticable. Earlier
implementation is needed to ensure the safety zone is in place to
protect participants, crew, spectators, participating vessels, and
other vessels and users of the waterway during the event.

B. Basis and Purpose

    The Ports and Waterways Safety Act gives the Coast Guard authority
to create and enforce safety zones. The Coast Guard is establishing a
temporary safety zone modification to a recurring safety zone listed in
33 CFR Sec.  165.1123 for this annual event on the navigable waters of
Glorietta Bay in support of a fireworks show sponsored by the City of
Coronado. This event will occur between 8:45 p.m. and 10 p.m. on July
4, 2013. The safety zone will include all navigable waters within 800
feet of the fireworks barge located in approximate position:
32[deg]40'41.0'' N, 117[deg]10'7.4'' W. This temporary safety zone is
necessary to provide for the safety of the crew, spectators, and
participants of the event, participating vessels, and other vessels and
users of the waterway.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard has previously established a permanent safety zone
in 33 CFR 165.1123 table for this annual event. A NPRM was made to
notify the public that the regulated area has been moved 100-yards to
the north from location noted in 33 CFR 165.1123. This change was made
in consultation with event stakeholders to help mitigate environmental
concerns. No concerns for this event were made on the docket.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the small size, and limited duration of the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
transit or anchor in specified portions of Glorietta Bay from 8:45 p.m.
to 10 p.m. on July 4, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
one day safety zone will only be in effect for one hour and fifteen
minutes late in the evening when vessel traffic is low. Vessel traffic
can transit safely around

the safety zone while the zone is in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-564 to read as follows:

Sec.  165.T11-564  Safety Zone; Coronado Fourth of July Fireworks,
Glorietta Bay; Coronado, CA

    (a) Location. This rule establishes a temporary safety zone. This
safety zone will include all navigable waters within 800 feet of the
fireworks barge located in Glorietta Bay in approximate position:
32[deg]40'41.0'' N, 117[deg]10'7.4'' W.
    (b) Enforcement Period. This section will be enforced from 8:45
p.m. to 10 p.m. on July 4, 2013. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.

    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: June 3, 2013.
S. M. Mahoney,
Captain, U. S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-14559 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8970-8972]
[FR Doc No: 2021-02715]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91066; File No. SR-FINRA-2020-038]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 1 and Order
Instituting Proceedings To Determine Whether To Approve or Disapprove
the Proposed Rule Change, as Modified by Amendment No. 1, to FINRA
Rules 5122 (Private Placements of Securities Issued by Members) and
5123 (Private Placements of Securities) That Would Require Members To
File Retail Communications Concerning Private Placement Offerings That
Are Subject to Those Rules' Filing Requirements

February 4, 2021.

I. Introduction

    On October 28, 2020, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change SR-FINRA-2020-038 (``Proposed
Rule Change'') pursuant to Section 19(b)(1) of the Securities Exchange
Act of 1934

(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to amend FINRA
Rules 5122 (Private Placements of Securities Issued by Members) and
5123 (Private Placements of Securities) to require members to file
retail communications concerning private placement offerings that are
subject to those rules' filing requirements.\3\ The Proposed Rule
Change was published for public comment in the Federal Register on
November 6, 2020.\4\ On December 11, 2020, FINRA consented to an
extension of the time period in which the Commission must approve the
Proposed Rule Change, disapprove the Proposed Rule Change, or institute
proceedings to determine whether to approve or disapprove the Proposed
Rule Change to February 4, 2021.\5\ On January 12, 2021, FINRA filed an
amendment to modify the Proposed Rule Change (``Amendment No. 1'').\6\
The Commission is publishing this order pursuant to Section 19(b)(2)(B)
of the Exchange Act \7\ to solicit comments on Amendment No. 1 from
interested persons and to institute proceedings to determine whether to
approve or disapprove the Proposed Rule Change, as modified by
Amendment No.1 (``Amended Proposed Rule Change'').
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See infra note 4.
    \4\ See Exchange Act Release No. 90302 (Nov. 2, 2020), 85 FR
71120 (Nov. 6, 2020) (File No. SR-FINRA-2020-038) (``Notice'').
    \5\ See letter from Joseph Savage, Vice President, Office of
General Counsel Regulatory Policy, FINRA, to Daniel Fisher, Branch
Chief, Division of Trading and Markets, Commission, dated December
11, 2020.
    \6\ Amendment No. 1 is available at https://www.finra.org/sites/default/files/2021-01/SR-FINRA-2020-038-Amendment1.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Amended Proposed Rule Change

    For certain private placements of unregistered securities issued by
a FINRA member or a control entity \8\ (``member private offerings''),
FINRA Rule 5122 requires the member or control entity to provide
prospective investors \9\ with a private placement memorandum
(``PPM''), term sheet or other offering document that discloses the
intended use of the offering proceeds, the offering expenses and the
amount of selling compensation that will be paid to the member and its
associated persons. Among other things, the current rule also requires
a member to file the PPM, term sheet or other offering document with
the FINRA Corporate Financing Department at or prior to the first time
the document is provided to any prospective investor, as well as any
amendments to such documents within 10 days of being provided to any
investor or prospective investor.\10\ Similarly, for certain private
placements \11\ of unregistered securities issued by a non-member,
FINRA Rule 5123 requires members or control persons to file with FINRA
any PPM, term sheet or other offering document,\12\ including any
material amended versions thereof, used in connection with an offering
within 15 calendar days of the date of first sale.
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    \8\ A ``control entity'' means any entity that controls or is
under common control with a member, or that is controlled by a
member or its associated persons. See FINRA Rule 5122(a)(2)-(3); see
also Notice at note 3.
    \9\ Because of the types of private placements exempt from the
application of Rule 5122, FINRA believes that the rule applies
predominately to private placements sold to retail investors. See
Notice at 71121.
    \10\ See Notice at 71120.
    \11\ See supra note 9.
    \12\ Rules 5122 and 5123 do not enumerate the types of
information that might be considered ``other offering documents.''
However, FINRA has stated previously that an example of ``other
offering document'' is ``[a]ny other type of document that sets
forth the terms of the offering.'' See ``Frequently Asked Questions
(FAQ) About Private Placements,'' Question #10, available on
www.finra.org. The terms of an offering include facts such as the
amount of proceeds that the issuer intends to raise, the type of
security, descriptions or illustrations of the intended use of
proceeds, and explanations of tax benefits or other information that
would be relevant to an investor when deciding whether to make an
investment. See Notice at 71121.
---------------------------------------------------------------------------

    FINRA proposes amendments to Rules 5122 and 5123 to require members
or control persons to file private placement retail communications \13\
with FINRA, in addition to the currently required PPMs, term sheets,
and other offering documents. Specifically, the Amended Proposed Rule
Change would require members or control persons to file with the FINRA
Corporate Financing Department at, or prior to, the first time the
document is provided to any prospective investor, any retail
communication that ``promotes or recommends'' a private placement,
rather than any retail communication that ``concerns'' a private
placement, as originally proposed.\14\
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    \13\ Rule 2210(a)(5) defines a ``retail communication'' as any
written (including electronic) communication that is distributed or
made available to more than 25 retail investors within any 30
calendar-day period. See Regulatory Notice 20-21 (July 2020)
(stating that a member firm that assists in the preparation of a
private placement memorandum or other offering document should
expect that it will be considered a communication with the public by
that member firm for purposes of Rule 2210 (Communications with the
Public)); see also letter from Joseph P. Savage, Vice President and
Counsel, Office of General Counsel, FINRA, to Vanessa Countryman,
Secretary, Commission, dated January 12, 2021, available at https://www.sec.gov/comments/sr-finra-2020-038/srfinra2020038-8233135-227749.pdf.
    \14\ Specifically, Amendment No. 1 would limit the filing
requirement of the Proposed Rule Change to those retail
communications that ``promote or recommend'' a private placement,
rather than any retail communication that ``concerns'' a private
placement, as originally proposed.
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III. Proceedings To Determine Whether To Approve or Disapprove File No.
SR-FINRA-2020-038 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act to determine whether the Amended
Proposed Rule Change should be approved or disapproved.\15\ Institution
of proceedings is appropriate at this time in view of the legal and
policy issues raised by the Amended Proposed Rule Change. Institution
of proceedings does not indicate that the Commission has reached any
conclusions with respect to the Amended Proposed Rule Change.
---------------------------------------------------------------------------

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

    Pursuant to Section 19(b)(2)(B) of the Exchange Act,\16\ the
Commission is providing notice of the grounds for disapproval under
consideration. The Commission is instituting proceedings to allow for
additional analysis and input concerning whether the Amended Proposed
Rule Change is consistent with the Exchange Act and the rules
thereunder.
---------------------------------------------------------------------------

    \16\ Id.
---------------------------------------------------------------------------

IV. Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the Amended Proposed Rule Change. Specifically, the Commission is
requesting comment on whether the Amended Proposed Rule Change
adequately addresses commenters' concerns regarding the scope of the
proposed filing requirement in light of the regulatory goals of
improving the quality of broker-dealer private placement communications
and strengthening FINRA's ability to monitor for potential violations
of its rules governing members' communications with the public. In
particular, the Commission invites the written views of interested
persons concerning whether the Amended Proposed Rule Change is
consistent with the Exchange Act and the rules thereunder.
    Although there do not appear to be any issues relevant to approval
or

disapproval that would be facilitated by an oral presentation of views,
data, and arguments, the Commission will consider, pursuant to Rule
19b-4, any request for an opportunity to make an oral presentation.\17\
---------------------------------------------------------------------------

    \17\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29, 89 Stat. 97 (1975),
grants the Commission flexibility to determine what type of
proceeding--either oral or notice and opportunity for written
comments--is appropriate for consideration of a particular proposal
by a self-regulatory organization. See Securities Acts Amendments of
1975, Report of the Senate Committee on Banking, Housing and Urban
Affairs to Accompany S. 249, S. Rep. No. 75, 94th Cong., 1st Sess.
30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the Amended Proposed Rule Change should be
approved or disapproved by February 24, 2021. Any person who wishes to
file a rebuttal to any other person's submission must file that
rebuttal by March 8, 2021.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-FINRA-2020-038 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-FINRA-2020-038. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Amended Proposed Rule Change that are
filed with the Commission, and all written communications relating to
the Amended Proposed Rule Change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File No. SR-FINRA-2020-038 and
should be submitted on or before February 24, 2021. If comments are
received, any rebuttal comments should be submitted on or before March
8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02715 Filed 2-9-21; 8:45 am]
BILLING CODE 8011-01-P