[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Page 22486]
[FR Doc No: 2019-10301]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-373-003.
    Applicants: Paulding Wind Farm II LLC.
    Description: Compliance filing: Compliance filing in Docket ER19-
373 to be effective 1/20/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5033.
    Comments Due: 5 p.m. ET 5/31/19.

    Docket Numbers: ER19-1151-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Supplement to Docket No. ER19-1151
re: Effective Date to add Transource as a TO to be effective 5/10/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5128.
    Comments Due: 5 p.m. ET 5/31/19.

    Docket Numbers: ER19-1245-001.
    Applicants: Nevada Power Company.
    Description: Compliance filing: NPC-Overton-Lincoln Trans Agr R.S.
51 Fully Executed Compliance to be effective 5/11/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5100.
    Comments Due: 5 p.m. ET 5/31/19.

    Docket Numbers: ER19-1818-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 118, EPE-
EDF Engineering & Procurement Agreement to be effective 5/10/2019.
    Filed Date: 5/9/19.
    Accession Number: 20190509-5131.
    Comments Due: 5 p.m. ET 5/30/19.

    Docket Numbers: ER19-1819-000.
    Applicants: Broad River Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 7/10/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5025.
    Comments Due: 5 p.m. ET 5/31/19.

    Docket Numbers: ER19-1820-000.
    Applicants: Stony Knoll Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 7/10/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5026.
    Comments Due: 5 p.m. ET 5/31/19.

    Docket Numbers: ER19-1821-000.
    Applicants: Speedway Solar NC, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 7/10/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5028.
    Comments Due: 5 p.m. ET 5/31/19.

    Docket Numbers: ER19-1822-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits First Quarter 2019
Capital Budget Report.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5080.
    Comments Due: 5 p.m. ET 5/31/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES19-23-000.
    Applicants: Upper Michigan Energy Resources Corporation.
    Description: Supplement to April 22, 2019 Application under Section
204 of the Federal Power Act (New Exhibits) of Upper Michigan Energy
Resources Corporation.
    Filed Date: 5/9/19.
    Accession Number: 20190509-5136.
    Comments Due: 5 p.m. ET 5/30/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) 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.
    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>.

    Dated: May 10, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-10301 Filed 5-16-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29445-29446]
[FR Doc No: 2012-11909]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0129]

Agency Information Collection Activities; Extension of a
Currently Approved Collection; Training Certification for Entry-Level
Commercial Motor Vehicle Operators

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval, and invites public comment. The FMCSA has
developed an improved estimate of the number of annual responses to
this information collection. The result is an increase in the Agency's
estimate of the total annual burden hours of this collection.

DATES: We must receive your comments on or before July 16, 2012.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2012-0129 using one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal holidays.
     Instructions: All submissions must include the Agency name
and docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
     Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov, and
follow the online instructions for accessing the dockets, or go to the
street address listed above.
     Privacy Act: Anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review the Department of Transportation's (DOT) complete Privacy Act
Statement for the Federal Docket Management System published in the
Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
     Public Participation: The Federal eRulemaking Portal is
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the Federal eRulemaking Portal Web site. If you
want us to notify you that we received your comments, please include a
self-addressed, stamped envelope or postcard, or print the
acknowledgement page that appears after submitting comments online.
Comments received after the comment closing date will be included in
the docket and will be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C.
31301 et seq.) established the commercial driver's license (CDL)
program and directed the Federal Highway Administration (FHWA), FMCSA's
predecessor agency, to establish minimum qualifications for issuance of
a CDL. After public notice and an opportunity for comment, the FHWA
established standards for the knowledge and skills which a CDL
applicant must satisfy.
    In 1985, the FHWA published ``Model Curriculum for Training
Tractor-Trailer Drivers.'' The FHWA did not mandate driver training at
that time. It believed the cost of developing a comprehensive driver-
training program was too high in terms of agency resources. This was
especially so, FHWA believed, in light of its reasonable expectation
that the level of safety of entry level drivers would soon be elevated
because (1) the deadline for States to adopt the new mandatory CDL-
licensing standards for driver knowledge and skills was still in the
future, and (2) many truck driving schools had updated their curricula
in light of the new model curriculum (``Truck Safety: Information on
Driver Training,'' Report of the U.S. General Accounting Office, GAO/
RCED-89-163, August 1989, pages 4 and 5).
    In 1991, the Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102-240, December 18, 1991) directed the FHWA to
``commence a rulemaking proceeding on the need to require training of
all entry-level drivers of commercial motor vehicles (CMVs)'' (Section
4007(a)(2)). On June 21, 1993, the FHWA issued an advance notice of
proposed rulemaking entitled, ``Commercial Motor Vehicles: Training for
All Entry Level Drivers'' (58 FR 33874). The Agency also began a study
of the effectiveness of the driver training currently being received by
entry-level CMV drivers. The results of the study were published in
1997 under the title ``Adequacy of Commercial Motor Vehicle Driver
Training.'' The study is available under FMCSA Docket 1997-2199 at the
Federal eRulemaking Portal (www.regulations.gov) described above. The
study found that three segments of the trucking industry were not
receiving adequate entry-level training: heavy truck, motor coach, and
school bus.
    On August 15, 2003, FMCSA published a notice of proposed

rulemaking (NPRM) entitled, ``Minimum Training Requirements for Entry-
Level Commercial Motor Vehicle Operators'' (68 FR 48863). The Agency
proposed mandatory training for operators of CMVs on four topics:
driver qualifications, hours-of-service of drivers, driver wellness and
whistle-blower protection. The Agency believed that knowledge of these
areas would provide the greatest benefit to the safety of CMV
operations. On May 21, 2004, FMCSA by final rule prohibited a motor
carrier from allowing an entry-level driver to operate a CMV until it
received a written certificate indicating that the driver had received
training in the four subject areas (69 FR 2004). The rule became
effective on July 20, 2004. Training providers were required to provide
a certificate to each driver trainee receiving the requisite training.
    In 2005, the U.S. Court of Appeals for the District of Columbia
Circuit held that FMCSA had failed to consider important aspects of an
adequate entry-level training program. It remanded the 2004 driver-
training rule to the Agency for further consideration. On December 26,
2007, FMCSA proposed revised minimum standards for the mandatory
training of entry-level CDL drivers (72 FR 73226). The Agency has
analyzed the public comments received in response to the notice, and is
continuing to develop a final rule on this subject.
    Title: Training Certification for Entry-Level Commercial Motor
Vehicle Operators
    OMB Control Number: 2126-0028.
    Type of Request: Extension of a currently approved ICR.
    Respondents: Entry-level CDL drivers.
    Estimated Number of Respondents: 397,500. .
    Estimated Time per Response: 10 minutes.
    Expiration Date: November 30, 2012.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 66,250 hours. FMCSA estimates that
an entry-level driver requires approximately 10 minutes to complete the
tasks necessary to comply with the regulation. Those tasks are:
photocopying the training certificate, giving the photocopy to the
motor carrier employer, and placing the original of the certificate in
a personal file. Therefore, the annual burden for all entry-level
drivers is 66,250 hours [397,500 drivers x 10/60 minutes to respond =
66,250 hours].
    Definitions: (1) ``Federal Motor Carrier Safety Regulations''
(FMCSRs) are parts 350-399 of volume 49 of the Code of Federal
Regulations. (2) ``Commercial motor vehicle'' (CMV) means a motor
vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle--(a) has a gross
combination weight rating of 11,794 kilograms or more (26,001 pounds or
more) inclusive of a towed unit(s) with a gross vehicle weight rating
(GVWR) of more than 4,536 kilograms (10,000 pounds); or (b) has a GVWR
of 11,794 or more kilograms (26,001 pounds or more); or (c) is designed
to transport 16 or more passengers, including the driver; or (d) is of
any size and is used in the transportation of hazardous materials as
defined in 49 CFR Sec.  383.5 (49 CFR 383.5). The definition of CMV
found at 49 CFR 390.5 of the FMCSRs is not applicable to this notice.
(3) ``Commercial Driver's License (CDL) Driver'' means the operator of
a CMV because such operators must possess a valid commercial driver's
license (CDL) (Section 383.23(a)(2)). (4) ``Entry-level CDL Driver''
means a driver with less than one year of experience operating a CMV
with a CDL (49 CFR 380.502(b)).
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA's performance of functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information. The agency will summarize or
include your comments in the request for OMB's clearance of this
information collection.

    Issued on: May 10, 2012.
G. Kelly Leone,
Associate Administrator for Research and Information Technology.
[FR Doc. 2012-11909 Filed 5-16-12; 8:45 am]
BILLING CODE 4910-EX-P


Site Stabilization and Revegetation Comment Response New Topic Summ. ID Summary Response Document ID 9a 284 Only contiguous, actively disturbed areas, which have not been temporarily stabilized in a manner appropriate for the soil type, should be counted against an acreage threshold. We believe that this may be EPA's intent in defining " Options for Meeting the ` Final Stabilization'

Criteria" at page 44 of the proposed Fact Sheet, which appears to envision that some areas ( e. g., roads and equipment pads) will not be paved or finally stabilized.

But the Fact Sheet information has not been reflected in sections 5.1( A) or 10 of the proposed CGP itself.

EPA should confirm that oil and gas activities are not considered " disturbed" or " under construction" once accepted, prudent temporary stabilization measures consistent with the operator's use of the road, pit, pad,

or pipeline have been implemented. EPA agrees with the commenter's assertion that certain structures will consist of disturbed earth ( e. g., dirt roads, pits, and pads) and that once temporary stabilization measures are implemented, permit coverage is no longer necessary. EPA disagrees with the commenter's interpretation that only contiguous, actively disturbed areas should be counted against an acreage threshold. In fact, the entire area that is disturbed ( cleared, graded, or excavated) is to be counted against the acreage threshold. See, also, response to comment 304. 1061 9a 333 The EPA should specifically authorize termination of oil and gas activity general permit coverage based on generally acceptable industry practices for temporary soil and site stabilization. See response to comment 343 1004 9a 343 At page 44 of the proposed Fact Sheet, EPA attempts to define when " final stabilization" occurs, which seems to envision measures short of " final stabilization." For oil and gas activities, land disturbance" or " under construction" should be considered to end when the operator completes accepted, prudent temporary stabilization measures consistent with industry practice and appropriate to the location and oil and gas activity being conducted ( which may mean no active stabilization measures for some oil and gas activities in inherently stable soil types in some parts of the country). EPA does not consider oil and gas activities to require special considerations for final stabilization. EPA has modified the definition of final stabilization to include provisions that apply to all types of construction activities in arid and semi arid areas whereby temporary stabilization measures may suffice as final stabilization. For the purpose of these discussions, " structure" is used not only in the more traditional sense of " buildings," but to refer also to other things built on the ground whose intended purpose would require it to remain in a nonvegetated condition after construction has ended. 1061 1 Site Stabilization and Revegetation Comment Response New Topic Summ. ID Summary Response Document ID 9b 326 Re vegetation in arid and semi arid locations to 70% of background vegetation can be very difficult with limited water quality benefit. The ground in these areas is typically flat and is mainly sand or gravel ( i. e. low sediment content). API proposes EPA add an alternative " final stabilization" criterion for arid/

semiarid locations that final stabilization is reached after the area is leveled. Slopped areas would continue to meet other final stabilization criteria ( i. e. gravel, riprap,

revegetation etc.). EPA acknowledges the commenter's concerns and has modified the definition of final stabilization to address these situations. Specifically, the definition of final stabilization now includes an option for use of temporary rolled erosion control products and seed cover that provides three years coverage to be adequate for final stabilization. 1002 9b 327 AGA recommends that EPA consider modifying Section 5.1 to include provision to allow arid region linear utility projects to be terminated at the time of seeding. ... AGA recommends the following provision is added as subsection " L." " Seeding of permanent vegetation species has been completed on linear utility projects in arid regions with average annual precipitation of less than 10 inches. See response to comment 326. 1045 9b 329 To the extent that re vegetation is applicable, the EPA should provide an appropriate standard for closure in arid or semi arid environments. The practicality of maintaining compliance in semi arid and arid environments until 70% re vegetation ( for complete stabilization) is an impractical standard and a serious issue. In these regions, re vegetation cannot occur without either natural precipitation or supplemental watering. It frequently is not practical to water even small disturbances because of their remote locations or water supply limitations. With limited rainfall, the reestablishment of vegetation is difficult to achieve and should not be required in areas where it is not necessary for soil stabilization. See response to comment 326. 1004 9b 330 Kinder Morgan requests clarification regarding whether or not EPA considered a different standard for revegetation or for closure in arid or semi arid environments. See response to comment 326. 1003 2 Site Stabilization and Revegetation Comment Response New Topic Summ. ID Summary Response Document ID 9b 331 The average annual precipitation in many major metropolitan areas of Arizona, interior Southern California, Nevada and New Mexico is less than 5.0 inches. Most of this precipitation occurs within a 3

month rainy season. The average monthly precipitation during the other 9 months of the year typically is less than 0.5 inches. This precipitation pattern  does not support successful permanent re vegetation within 12 months after seeding. EPA acknowledges the commenter's concerns and has modified the definition of final stabilization to address these situations. See Appendix A of the CGP. 1045 9c 172.1 For the reasons stated in our Dec. 23, 2002 comments ( Appendix A, page 6), AGA asks EPA to amend the definition of Final Stabilization in Part 10 on page 38 the proposed General Permit so that implementation of an approved soil management plan will also qualify as "` Final Stabilization." EPA disagrees with the commenter's assertion that approved soil management plans should qualify as a final stabilization option. While soil management plans do focus on many of the similar types of activities as expected for final stabilization, EPA does not believe that all soil management plans approved by all the different Federal, state, and local governments will consistently meet EPA's stabilization expectations. 1045 9c 172.2 The definition would then state in relevant part as follows: `" Final Stabilization' means that: 1. All soil disturbing activities at the site have been completed and either of the two following criteria are met: a. a uniform ( e. g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or b.

equivalent permanent stabilization measures ( such as the use of riprap, gabions, or geotextiles) have been employed, or c. a soil resources management plan or other erosion control or re vegetation plan, approved by a federal, state, tribal or local management agency authority to approve such a plan, has been implemented." 1045 9c 178 The definition of " Final Stabilization" should be modified so that it is not so restrictive, as follows: " a. a uniform ( e. g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent vegetative cover for the area . . ." ( p. 35, Draft Permit) EPA disagrees with the commenter's request to extend the definition to include non native background vegetation. EPA believes that the use of native vegetation is critical in minimizing the impact of construction activities because non native vegetation is harder to maintain. 1057 3 Site Stabilization and Revegetation Comment Response New Topic Summ. ID Summary Response Document ID 9c 181 ...( 5) Define " land disturbed" or " area under construction" to end when the structure ( road, pad,

pipeline) is in a condition consistent with the operator's use and accepted, prudent temporary stabilization measures have been implemented. EPA disagrees with the commenter's suggestion on defining when permit coverage can end. EPA provides a detailed description in the fact sheet of options for meeting the final stabilization criteria. In certain instances, such as when the intended purpose would require it to remain in a non vegetative state ( e. g., a road, or parking lot), the construction of that structure ( i. e., the road or parking lot) generally suffices as meeting final stabilization. 1004 9c 328 Fact sheet Section VII, Low Rainfall Erosivity Waiver:

It appears that EPA is allowing some interim non

vegetative stabilization for final stabilization. It would be very helpful if EPA could define interim non vegetative stabilization and provides some examples. EPA defines final stabilization in Appendix A of the permit, including identification of certain acceptable non vegetative stabilization measures. 1024 and 1028 9c 335 Section 3.14. E. The requirement to initiate stabilization within 14 days after construction activities have temporarily or permanently ceased is unreasonable.

This does not allow time for equipment delays,

subcontractor availability or other similar issues. EPA disagrees with the commenter that 14 days to initiate stabilization is unreasonable because of equipment delays, subcontractor availability, etc. EPA expects that construction site operators include contingency plans in its site planning to ensure that delays do not prevent the operator from complying with the terms of the permit. 1028 and 1024 9c 336 Part 10, Definitions: Final Stabilization: EPA defines equivalent permanent stabilization measures to be such items as riprap, gabions, or geotextiles. Many of the locations in Oklahoma use local available hardpan or caliche material. These local materials are compacted on the road and pads in order to bring 50 to 100 ton drilling equipment on location. We request that these types of material be considered a form of " equivalent stabilization". EPA acknowledges the commenter's concerns and believes that the situation described in the comment would generally be considered a form of equivalent stabilization. The fact sheet includes a question and answer related to final stabilization that indicates that final stabilization is required for all areas that do not include those areas covered by some structure, be it a building or some other end use item ( such as a parking lot or road). As such, the use of hardpan or caliche material as a road surface would constitute a structure for which no additional stabilization measures would be needed.

1024 and 1028 9c 338 ' Active disturbance' should be considered to end when the land area disturbed has been stabilized sufficiently to accommodate the purpose for which the site was made; for example, equipment traffic, drilling and completion operations, pipeline, storage facilities, or other purposes for which the site was made. EPA agrees with the commenter and has clarified such in the discussion of final stabilization. 1060 4 Site Stabilization and Revegetation Comment Response New Topic Summ. ID Summary Response Document ID 9c 341 When temporarily ceasing construction activity, the Permit requires that stabilization controls be implemented within fourteen days ( Permit Sec.

3.14( E)). The Permit should be revised to indicate a more flexible stabilization period, which recognizes the variability of site conditions and allows site operators to implement BMPs as the dictates of the site require. EPA disagrees with the commenter that 14 days to initiate stabilization is unreasonable because of equipment delays, subcontractor availability, etc. EPA expects that construction site operators include contingency plans in its site planning to ensure that delays do not prevent the operator from complying with the terms of the permit. 1055 9c 342 Regarding ' Final Stabilization': In your document ' Fact Sheet for the Issuance of a Permit', under the heading ' WHAT ARE MY OPTIONS FOR MEETING THE FINAL STABILIZATION CRITERIA?', there is a sentence stating that semi permanent low or no maintenance erosion control practices combined with seeds that would take hold the next growing season ( i. e., properly secured seed erosion control mats, etc.)

could also be used as final stabilization. ADOT seeds all construction sites, applies mulch for erosion control until seeded plants have become established. Does that mean that ADOT does not have to wait until the seeds have germinated before submitting the NOT?

Our concern is that the contractor and resident engineer could have gone to other projects and will not be in the area when it is time to submit the NOT if they have to wait until growth has taken place. EPA acknowledges that final stabilization can occur upon completion of seeding and mulching in some cases and does not have to wait until growth has taken place. EPA has clarified the details of final stabilization in the permit ( see Appendix A) and fact sheet. 1073 5 Site Stabilization and Revegetation Comment Response New Topic Summ. ID Summary Response Document ID 9c 383.1 EPA describes a situation whereby a SWPPP can be modified as portions of the site are stabilized and " the requirements and burdens associated with maintaining permit compliance can be commensurately reduced."

( p. 7 of Fact Sheet) While this sounds like a reasonable approach, more detail must be provided by EPA in order for our members to understand how this would be implemented to assure that the requirements of the permit are not violated. NAHB suggests that it would be particularly helpful if EPA included a few scenarios that were based upon a couple of model developments. EPA emphasizes that phased development, and stabilization as soon as possible are critical to minimizing discharges from construction activities. For that reason EPA is very interested in providing incentive, via reduction in permit burdens, for operators who maintain as little bare soil as possible for the duration of the construction project.

NAHB requests a more detailed example of how permit requirement burden can be reduced as portions of a site are stabilized. This reference is made specifically to common plan of development situations, although the concept can be applied to any construction site.

A construction site operator may develop 1 SWPPP and submit 1 NOI for construction activities associated with construction of a residential subdivision.

During original clearing, grading, road and utility installation the entire site is generally bare, and must have appropriate controls implemented. This means regular inspections and BMP maintenance on the entire site. Frequently individual lots are developed at different times. 1057 9c 383.2 The construction operator should temporarily stabilize the lots that will not be built on right away. As soon as the stabilization measures are established ( i. e.

the risk of erosion has been abated), the operator may suspend or greatly reduce inspection and maintenance activities on those lots ( or larger portions of the site if it has not yet been subdivided). Similarly, after a house has been built,

and its lot final stabilized the operator no longer has to maintain BMPs or conduct inspections on that lot. Residential subdivision construction sites often have multiple operators. As long as construction activities have continuous coverage, and appropriate controls, from start to finish, EPA is providing those operators the flexibility to decide amongst themselves whether to operate under a single NOI and SWPPP, or multiple NOIs and SWPPPs. Because multiple lots often share a single storm drain system, EPA encourages cooperation amongst multiple operators 1057 9c 383.3 This same concept can apply to other common plans of development such as oil fields and industrial parks. The concept can also apply to a single large development where some portions of the site are completed and stabilized earlier than others. 1057 6


[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2453-2456]
[FR Doc No: 2013-00434]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30342; 812-14015]

Credit Suisse Opportunity Funds, et al.; Notice of Application

January 7, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (``Act'') for an exemption from
sections 12(d)(1)(A) and (B) of the Act, and under sections 6(c) and
17(b) of the Act for an exemption from section 17(a) of the Act.

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SUMMARY: Summary of Application: The order would permit certain
registered closed-end management investment

companies to acquire shares of registered open-end management
investment companies that are within the same group of investment
companies.
    Applicants: Credit Suisse Opportunity Funds (``Opportunity
Funds''), Credit Suisse Commodity Strategy Funds (``Commodity Strategy
Funds''), Credit Suisse High Yield Bond Fund (``High Yield Bond
Fund''), Credit Suisse Asset Management Income Fund, Inc. (``Income
Fund''); Credit Suisse Asset Management, LLC (``Adviser''), and Credit
Suisse Securities (USA) LLC (``CSSU'').\1\
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    \1\ Each Fund (as defined below) that currently intends to rely
on the requested order is named as an applicant. Any Fund that
relies on the order in the future will do so only in accordance with
the terms and conditions contained in the application, as amended.

DATES:  Filing Dates: The application was filed on March 15, 2012, and
amended on August 23, 2012, December 14, 2012, January 3, 2013, and
January 4, 2013.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 1, 2013 and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington DC 20549-1090; Applicants, c/o Joanne Doldo,
Esq., Credit Suisse Asset Management, LLC, One Madison Avenue, New
York, NY 10010.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER> or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Opportunity Funds and Commodity Strategy Funds are organized as
Delaware statutory trusts. Each is an open-end management investment
company registered under the Act and is comprised of separate series
that pursue distinct investment objectives and strategies.
    2. The High Yield Bond Fund is organized as a Delaware statutory
trust. The Income Fund (together with the High Yield Bond Fund, the
``Applicant Investing Funds'') is organized as a Maryland corporation.
Each Applicant Investing Fund is registered under the Act as a closed-
end management investment company. The Applicant Investing Funds invest
or will invest in a variety of debt and/or equity securities or other
financial instruments in accordance with their respective investment
objectives and policies.
    3. The Adviser, a Delaware limited liability company, is registered
as an investment adviser under the Investment Advisers Act of 1940, and
serves as the investment adviser to each of the existing Funds (as
defined below). The Adviser is a wholly owned subsidiary of CSAM
Americas Holding Corp., a holding company that is ultimately wholly
owned by Credit Suisse Group. CSSU, a Delaware limited liability
company, is a broker-dealer registered under the Securities Exchange
Act of 1934. CSSU serves as principal underwriter and distributor for
the shares of the Underlying Funds. CSSU is a wholly owned subsidiary
of Credit Suisse (USA), Inc., a holding company that is ultimately
wholly owned by Credit Suisse Group.
    4. Applicants state that each of the Investing Funds (as defined
below) would like the flexibility to invest, subject to and consistent
with its investment objectives, policies, and restrictions, in the
Underlying Funds in excess of the limits set out in sections
12(d)(1)(A) and (B) of the Act. Accordingly, Applicants seek an order
of the Commission pursuant to Section 12(d)(1)(J) of the Act, granting
an exemption from Sections 12(d)(1)(A) and (B) of the Act, and under
Sections 6(c) and 17(b) of the Act, granting an exemption from Section
17(a) of the Act, to the extent necessary to permit (a) each of the
Applicant Investing Funds to purchase shares of Opportunity Funds or
Commodity Strategies Funds or their series (the ``Underlying Funds'')
and (b) the Underlying Funds to sell their shares to, and redeem their
shares from, the Applicant Investing Funds.
    5. Applicants request that the relief also apply to any future
registered closed-end management investment company advised by the
Adviser or any entity controlling, controlled by, or under common
control with the Adviser (together with the Applicant Investing Funds,
the ``Investing Funds'') that wishes to invest in a registered open-end
management investment company, or series thereof, that (a) is advised
by the Adviser or any entity controlling, controlled by, or under
common control with the Adviser, and (b) is part of the same ``group of
investment companies,'' as defined in section 12(d)(1)(G)(ii) as the
Investing Funds (included in the term ``Underlying Funds''). The
Investing Funds and the Underlying Funds are referred to herein as the
``Funds.''
    6. The Adviser believes that it may, from time to time, be more
efficient for the Investing Funds to gain exposure to particular
investment styles and/or asset classes by investing in one or more
Underlying Funds. In particular, applicants note that if the total
amount of an Investing Fund's desired exposure to a particular
investment style or asset class is small, an investment in an
Underlying Fund may enable an Investing Fund to obtain such exposure on
a significantly more diversified basis than would be possible through a
direct investment in such securities.
    7. An Underlying Fund may invest up to 25% of its assets in a
wholly-owned and controlled subsidiary of the Underlying Fund,
organized under the laws of the Cayman Islands or another non-U.S.
jurisdiction (a ``Cayman Subsidiary'') in order to invest in commodity-
related instruments and certain other instruments. The Adviser will
serve as the investment adviser to both such Underlying Fund and Cayman
Subsidiary. The Cayman Subsidiary is created for the purpose of
assuring that the Underlying Fund continues to qualify as a regulated
investment company for U.S. federal income tax purposes.

Applicants' Legal Analysis

A. Section 12(d)(1) of the Act

    1. Section 12(d)(1)(A) provides that no registered investment
company may acquire securities of another investment company if such
securities represent more than 3% of the acquired company's outstanding
voting stock, more than 5% of the acquiring company's total assets, or
if such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section

12(d)(1)(B) provides that no registered open-end investment company,
its principal underwriter or any broker or dealer may sell the
company's securities to another investment company if the sale will
cause the acquiring company to own more than 3% of the acquired
company's voting stock or cause more than 10% of the acquired company's
voting stock to be owned by investment companies.
    2. Section 12(d)(1)(G) of the Act provides, in relevant part, that
section 12(d)(1) will not apply to the securities of a registered open-
end investment company purchased by another registered open-end
investment company, if: (a) The acquiring company and the acquired
company are part of the same group of investment companies; (b) the
acquiring company holds only securities of acquired companies that are
part of the same group of investment companies, government securities
and short-term paper; (c) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (d) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered unit
investment trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
Section 12(d)(1)(G)(ii) defines a ``group of investment companies'' as
``any 2 or more registered investment companies that hold themselves
out to investors as related for purposes of investment and investor
services.'' Applicants state that they may not rely on section
12(d)(1)(G) because the Investing Funds are closed-end management
investment companies.
    3. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction from any provision of
section 12(d)(1), if the exemption is consistent with the public
interest and the protection of investors. Applicants seek an exemption
under section 12(d)(1)(J) to permit the Investing Funds to acquire
shares of Underlying Funds, and Underlying Funds to sell their shares
to the Investing Funds, beyond the limits in sections 12(d)(1)(A) and
(B).
    4. Applicants state that the proposed arrangement will not raise
the policy concerns underlying sections 12(d)(1)(A) and (B), including
undue influence by a fund of funds over underlying funds, excessive
layering of fees, and overly complex fund structures. Accordingly,
applicants believe that the requested exemption is consistent with the
public interest and the protection of investors.
    5. Applicants contend that the proposed arrangement will not result
in undue influence by an Investing Fund over an Underlying Fund because
the Investing Fund and the Underlying Fund will be advised by the
Adviser or an entity controlling, controlled by, or under common
control with the Adviser, and will be part of the same group of
investment companies. Applicants state that the Commission, and
Congress in the enactment of section 12(d)(1)(G), have recognized that
fund of funds arrangements that involve funds in the same group of
investment companies may not present the same concerns regarding
control of one fund by another.\2\
---------------------------------------------------------------------------

    \2\ Applicants assert that the omission of closed-end funds from
section 12(d)(1)(G) does not represent a determination by Congress
that similar relief should not be provided to closed-end funds.
---------------------------------------------------------------------------

    6. Applicants do not believe that the proposed arrangement will
involve excessive layering of fees. With respect to investment advisory
fees, applicants state that, before approving any investment advisory
contract under section 15 of the Act, the board of trustees or
directors of each Investing Fund, including a majority of the trustees
who are not ``interested persons'' (as defined in section 2(a)(19) of
the Act) of the Investing Fund, will find that advisory fees, if any,
charged under the advisory contract are based on services provided that
are in addition to, rather than duplicative of, services provided
pursuant to any Underlying Fund's advisory contract.
    7. In addition, applicants state that any sales charges and/or
service fees charged with respect to shares of an Investing Fund will
not exceed the limits applicable to a fund of funds set forth in NASD
Conduct Rule 2830.\3\ Applicants state that, although investors may
incur brokerage commissions in connection with market purchases of the
Investing Funds' shares, these commissions will not differ from
commissions otherwise incurred in connection with the purchase or sale
of comparable securities.
---------------------------------------------------------------------------

    \3\ Any references to NASD Conduct Rule 2830 include any
successor or replacement FINRA Rule to NASD Conduct Rule 2830.
---------------------------------------------------------------------------

    8. Applicants contend that the proposed arrangement will not create
an overly complex fund structure. Applicants state that no Underlying
Fund will acquire securities of any investment company or company
relying on section 3(c)(1) or 3(c)(7) of the Act in excess of the
limits of section 12(d)(1)(A), except to the extent that such
Underlying Fund receives securities of another investment company as a
dividend or as a result of a plan or reorganization of a company (other
than a plan devised for the purpose of evading section 12(d)(1) of the
Act), acquires, or is deemed to have acquired, the securities pursuant
to exemptive relief from the Commission permitting such Underlying Fund
to (a) acquire securities of one or more affiliated investment
companies or companies relying on section 3(c)(1) or 3(c)(7) for short-
term cash management purposes, or (b) engage in interfund borrowing and
lending transactions, or invests in a Cayman Subsidiary that is a
wholly-owned and controlled subsidiary of the Underlying Fund. Further,
no Cayman Subsidiary will acquire securities of any other investment
company or company relying on section 3(c)(1) or 3(c)(7) of the Act
other than money market funds that comply with rule 2a-7 for short-term
cash management purposes.
    9. Applicants state that investments by an Underlying Fund in a
Cayman Subsidiary also do not raise concerns about undue influence,
layering of fees, and complex structures. Applicants represent that:
(a) The Underlying Fund will be the sole and legal beneficial owner of
its Cayman Subsidiary, which addresses concerns regarding pyramiding of
voting control as a means of undue influence; (b) the Adviser will
manage the investments of both the Underlying Fund and its Cayman
Subsidiary, which addresses concerns over undue influence by the
Adviser; and (c) there will be no inappropriate layering of fees and
expenses as a result of an Underlying Fund investing in a Cayman
Subsidiary. Applicants further represent that the financial statements
of the Cayman Subsidiary will be consolidated with those of the
Underlying Fund, if permitted by the applicable accounting standards.
In addition, in assessing compliance with the asset coverage
requirements under section 18(f) of the Act, an Underlying Fund will
deem the assets, liabilities, and indebtedness of a Cayman Subsidiary
in which the Underlying Fund invests as its own. Finally, the expenses
of the Cayman Subsidiary will be included in the total annual fund
operating expenses in the prospectus of the Underlying Fund.

B. Section 17(a) of the Act

    1. Section 17(a) of the Act generally prohibits purchases and sales
of securities, on a principal basis, between

a registered investment company and any affiliated person of the
company, and affiliated persons of such persons. Section 2(a)(3) of the
Act defines an ``affiliated person'' of another person to include,
among other things, any person directly or indirectly owning,
controlling or holding with power to vote 5% or more of the other's
outstanding voting securities; any person 5% or more of whose
outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote by the other person; any person
directly or indirectly controlling, controlled by, or under common
control with the other person; and any investment adviser to an
investment company. Applicants state that an Underlying Fund might be
deemed to be an affiliated person of an Investing Fund if the Investing
Fund acquires 5% or more of the Underlying Fund's outstanding voting
securities. Applicants also state that, because the Investing Funds and
Underlying Funds will be advised by the Adviser, or a control affiliate
of the Adviser, and may have the same officers and/or board of
trustees, they may be deemed to be under common control and, therefore,
affiliated persons of each other. Accordingly, section 17(a) could
prevent an Underlying Fund from selling shares to, and redeeming shares
from, an Investing Fund.
    2. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
it finds that (a) the terms of the proposed transaction, including the
consideration to be paid or received, are fair and reasonable and do
not involve overreaching on the part of any person concerned, (b) the
proposed transaction is consistent with the policies of each registered
investment company involved, and (c) the proposed transaction is
consistent with the general purposes of the Act. Section 6(c) of the
Act permits the Commission to exempt any person or transaction, or any
class or classes of persons or transactions from any provision of the
Act if such exemption is necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
    3. Applicants seek an exemption under sections 6(c) and 17(b) to
allow the proposed transactions. Applicants state that the transactions
satisfy the standards for relief under sections 6(c) and 17(b).
Specifically, applicants state that the terms of the transactions are
fair and reasonable and do not involve overreaching. Applicants note
that sales and redemptions of shares of the Underlying Funds will be at
the net asset values of such Underlying Funds. In addition, applicants
represent that the proposed transactions will be consistent with the
policies of each Fund involved and the general purposes of the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Any sales charges and/or service fees charged with respect to
shares of an Investing Fund will not exceed the limits applicable to a
fund of funds as set forth in NASD Conduct Rule 2830.
    2. Before approving any advisory contract under section 15 of the
Act, the board of directors or trustees of an Investing Fund, including
a majority of the trustees who are not interested persons, as defined
in section 2(a)(19) of the Act, of the Investing Fund, will find that
advisory fees, if any, charged under the contract are based on services
provided that are in addition to, rather than duplicative of, services
provided pursuant to any Underlying Fund's advisory contract. Such
finding, and the basis upon which it was made, will be recorded fully
in the minute books of the Investing Fund.
    3. Each Investing Fund and each Underlying Fund will be part of the
same ``group of investment companies,'' as defined in section
12(d)(1)(G)(ii) of the Act.
    4. No Underlying Fund will acquire securities of any investment
company or company relying on section 3(c)(1) or 3(c)(7) of the Act in
excess of the limits contained in section 12(d)(1)(A) of the Act,
except to the extent that such Underlying Fund: (a) Receives securities
of another investment company as a dividend or as a result of a plan of
reorganization of a company (other than a plan devised for the purpose
of evading section 12(d)(1) of the Act); (b) acquires (or is deemed to
have acquired) securities of another investment company pursuant to
exemptive relief from the Commission permitting such Underlying Fund
to: (i) Acquire securities of one or more investment companies for
short-term cash management purposes, or (ii) engage in interfund
borrowing and lending transactions; or (c) invests in a Cayman
Subsidiary that is a wholly-owned and controlled subsidiary of the
Underlying Fund as described in the application. Further, no Cayman
Subsidiary will acquire securities of any other investment company or
company relying on section 3(c)(1) or 3(c)(7) of the Act other than
money market funds that comply with rule 2a-7 for short-term cash
management.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00434 Filed 1-10-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Page 59487]
[FR Doc No: 2014-23489]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2939-000]

Imperial Valley Solar Company (IVSC) 2, LLC; Supplemental Notice
That Initial Market-Based Rate Filing Includes Request for Blanket
Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Imperial Valley Solar Company (IVSC) 2, LLC's application for
market-based rate authority, with an accompanying rate schedule, noting
that such application includes a request for blanket authorization,
under 18 CFR Part 34, of future issuances of securities and assumptions
of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is October 16, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 26, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23489 Filed 10-1-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Rules and Regulations]
[Pages 41922-41924]
[FR Doc No: 2020-13863]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0291; FRL-10010-73-Region 9]

Air Plan Approval; California; Mariposa County Air Pollution
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Mariposa County Air Pollution
Control District (MCAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns reporting of
emissions of volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in nonattainment areas. We are approving a local rule
to require submittal of emissions statements under the Clean Air Act
(CAA or the Act).

DATES: This rule will be effective on August 12, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0291. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    Table 1 lists the rule addressed by this final action with the
dates that it was adopted by the local air agency and submitted to the
EPA by the California Air Resources Board. On March 16, 2020 (85 FR
14845), the EPA proposed to approve the rule into the California SIP.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Revised        Submitted
----------------------------------------------------------------------------------------------------------------
MCAPCD................................             513  Emissions Statements....        05/15/18        04/30/19
----------------------------------------------------------------------------------------------------------------

    We proposed to approve Rule 513 because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving this rule into the
California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
MCAPCD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, as 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 Clean Air Act; and
     Does not provide the 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 the 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. The 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 September 11, 2020. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 23, 2020.
John Busterud,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(26)(viii)(F) and
(c)(534) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (26) * * *
    (viii) * * *
    (F) Previously approved on August 22, 1977 in paragraph
(c)(26)(viii)(A) of this section, and now deleted with replacement by
Rule 513, ``Emission Statements'' in paragraph (c)(534)(i)(A)(1) of
this section, Rule 408, ``Source Recordkeeping and Reporting.''
* * * * *
    (534) A new regulation for the following APCD was submitted on
April 30, 2019 by the Governor's designee.
    (i) Incorporation by reference. (A) Mariposa County Air Pollution
Control District.
    (1) Rule 513, ``Emissions Statements,'' Adopted on May 15, 2018.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

[FR Doc. 2020-13863 Filed 7-10-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Notices]
[Pages 36532-36533]
[FR Doc No: 2011-15524]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. EL11-39-000]

Gregory R. Swecker, Beverly F. Swecker v. Midland Power
Cooperative, State of Iowa; Notice of Amendment to Complaint

    Take notice that on June 6, 2011, Gregory R. Swecker and Beverly F.
Swecker (Complainants) filed an amendment to the petition originally
filed on May 6, 2011, requesting that the Federal Energy Regulatory
Commission (Commission) enforce certain requirements of Public Utility
Regulatory Policies Act (PURPA) against Midland Power Cooperative and
the State of Iowa (Respondents), alleging that Respondents failed to
implement the Commission regulations by acting in direct contravention
of said statutes, rules, orders and other laws administered by the
Commission and the U.S. Supreme Court.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214).

Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
The Respondent's answer and all interventions, or protests must be
filed on or before the comment date. The Respondent's answer, motions
to intervene, and protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 27, 2011.

    Dated: June 15, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-15524 Filed 6-21-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Page 39889]
[FR Doc No: 2017-17767]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4326-DR; Docket ID FEMA-2017-0001]

Michigan; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Michigan (FEMA-4326-DR), dated August 2,
2017, and related determinations.

DATES: The declaration was issued August 2, 2017.

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: Notice is hereby given that, in a letter
dated August 2, 2017, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Michigan resulting from severe storms and flooding during the
period of June 22-27, 2017, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Michigan.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Steven W. Johnson, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Michigan have been designated
as adversely affected by this major disaster:

    Bay, Gladwin, Isabella, and Midland Counties and the Saginaw
Chippewa Tribe within Isabella County for Individual Assistance.
    All areas within the State of Michigan are eligible for
assistance under the Hazard Mitigation Grant Program.

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.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-17767 Filed 8-21-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74798]
[DOCID:fr09de08-100]

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

Federal Motor Carrier Safety Administration

Sunshine Act Meeting; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

Time and Date:  January 13, 2009, from 1 p.m. until 5 p.m., and January
14, 2009, from 8 a.m. until 12 Noon, Central Standard Time.

Place: This meeting will take place at the Hilton Garden Inn, 500 North
Interstate 35, Austin, TX 78701.

Status: Open to the public.

Matters To Be Considered: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Plan Board of Directors at<PHONE_NUMBER>.

    Dated: December 3, 2008.
William A. Quade,
Associate Administrator for Enforcement and Program Delivery.
 [FR Doc. E8-29195 Filed 12-5-08; 4:15 pm]

BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Page 4055]
[FR Doc No: 2019-02334]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2035-099]

 City and County of Denver, Colorado; Notice of Availability of
Final Supplemental Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC)
regulations, 18 Code of Federal Regulations (CFR) Part 380, Commission
staff prepared a Final Supplemental Environmental Assessment
(Supplemental EA), to supplement a U.S. Army Corps of Engineers'
(Corps) Final Environmental Impact Statement (Final EIS) completed on
April 25, 2014. The Corps' Final EIS addressed a proposal by the City
and County of Denver, Colorado (Denver Water) to enlarge its Moffat
Collection System. The Commission acted as a cooperating agency in the
preparation of the Final EIS because Gross Reservoir, a component of
the Moffat Collection System which would be enlarged under the
proposal, is also a feature of the Commission-licensed Gross Reservoir
Hydroelectric Project No. 2035. On November 25, 2016, Denver Water
filed with the Commission its application to raise the project's Gross
Dam, enlarge Gross Reservoir, and amend the project license. The
project is located on South Boulder Creek near the City of Boulder,
Boulder County, Colorado. It occupies a total of 1,056.92 acres of
federal lands within the Roosevelt National Forest administered by the
U.S. Forest Service, and lands administered by the U.S. Bureau of Land
Management.
    The Final Supplemental EA analyzes potential environmental effects
specific to a Commission approval of Denver Water's proposal, including
amendment of the project license, which were not addressed in the 2014
Final EIS. Based on staff's independent analysis in the Supplemental
EA, Commission approval of Denver Water's proposal, as mitigated by the
environmental measures discussed in the Final Supplemental EA, would
not constitute a major federal action significantly affecting the
quality of the human environment.
    A copy of the Final Supplemental EA is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov/docs-filing/efiling.asp
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.
    For further information, contact Rebecca Martin by telephone at
202-502-6012 or by email at<EMAIL_ADDRESS>
    Dated: February 8, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02334 Filed 2-13-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Notices]
[Pages 8389-8391]
[FR Doc No: 2011-3183]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63858; File No. SR-EDGA-2011-04]

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

February 7, 2011.
    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 February 4, 2011, the EDGA Exchange, Inc. (the ``Exchange'' or
the ``EDGA'') 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 EDGA Rule 15.1(a) and (c). All
of the changes described herein are applicable to EDGA Members. The
text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.directedge.com.
---------------------------------------------------------------------------

    \3\ A Member is any registered broker or dealer, or any person
associated with a registered broker or dealer, that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In SR-EDGA-2011-01,\4\ the Exchange filed for immediate
effectiveness a rule filing to amend Rule 11.9 to add its routing
strategies, which were contained in its fee schedule, to the rule and
to introduce additional routing strategies to the rule. One of the
routing strategies that was added was the IOCM strategy in Rule
11.9(b)(3)(s). The Exchange defined this as a routing strategy under
which an order checks the System for available shares and then is sent
to EDGX Exchange, Inc. (``EDGX'') as an immediate or cancel (IOC) Mid-
Point Match (``MPM'') order.\5\ If there is no liquidity at EDGX to
execute at the midpoint, the order is subsequently cancelled.
---------------------------------------------------------------------------

    \4\ See SR-EDGA-2011-01 (January 21, 2011).
    \5\ EDGX Rule 11.5(c)(7) defines a Mid-Point Match (MPM) order
as an order with an instruction to execute it at the midpoint of the
NBBO. A MPM order may be a Day Order, Fill-or-Kill Order, or IOC
Order. The Exchange noted that members can send in a MPM order
directly to EDGX without routing through the EDGA platform as an
IOCM routing option.
---------------------------------------------------------------------------

    The Exchange proposes to add the ``MT'' flag to its fee schedule to
be yielded when an order is routed to EDGX MPM using the IOCM routing
strategy. The Exchange also proposes to assess a fee of $0.0010 per
share to reflect a pass through of the EDGX MPM fee.
    EDGA Exchange proposes to implement this amendment to the Exchange
fee schedule on February 4, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\6\ in general, and
furthers the objectives of Section 6(b)(4),\7\ 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. The fee of $0.0010 per share for the MT flag represents a
pass through of the EDGX fee for removing liquidity from MPM, as
indicated in the EDGX fee schedule for flag MT.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange 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 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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    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) of the Act \8\ and Rule 19b-4(f)(2) \9\ 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2011-04 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-EDGA-2011-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission,\10\ 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 a.m. and 3 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-EDGA-2011-04 and should be submitted on or before March
7, 2011.
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    \10\ The text of the proposed rule change is available on
Exchange's Web site at http://www.directedge.com, on the
Commission's Web site at http://www.sec.gov, at EDGA, and at the
Commission's Public Reference Room.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3183 Filed 2-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53934-53936]
[FR Doc No: 2023-16987]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98048; File No. SR-NYSE-2023-25]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Amend Rule 0

August 3, 2023.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on July 31, 2023, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 0 (Regulation of the Exchange
and its Member Organizations) to adopt new rule text based on FINRA
Rule 0140 (Applicability). The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 0 (Regulation of the Exchange
and its Member Organizations) to adopt new rule text based on FINRA
Rule 0140 (Applicability), Nasdaq Stock Market LLC (``Nasdaq'') General
2 (Organization and Administration), Section 6(a), and Nasdaq BX, Inc.
(``Nasdaq BX'') General 2 (Organization and Administration), Section
6(a). Specifically, the Exchange proposes a new subsection (b) in
conformity with FINRA Rule 0140(a) (Applicability), Nasdaq General 2,
Section 6(a), and Nasdaq BX General 2, Section 6(a).\4\ FINRA Rule
0140(a) provides that FINRA's rules apply to all members and persons
associated with a member and that persons associated with a member
shall have the same duties and obligations as a member under FINRA's
rules. The Nasdaq Exchanges' Rules mirror FINRA Rule 0140(a) and
similarly provide that Nasdaq and Nasdaq BX rules, as applicable, apply
to all members and persons associated with a member and that persons
associated with a member shall have the same duties and obligations as
a member under such rules. Proposed Rule 0(b) is substantively the same
as FINRA Rule 0140(a) except for the inclusion of ``member
organization'' to reflect the Exchange's membership.\5\
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    \4\ For purposes of this filing, Nasdaq and Nasdaq BX are
referred to collectively as the ``Nasdaq Exchanges.'' Nasdaq General
2, Section 6(a) and Nasdaq BX General 2, Section 6(a) are referred
to collectively as the ``Nasdaq Exchanges' Rules.''
    \5\ Under the Exchange's rules, the equivalent to the term
``member'' used in FINRA Rule 0140(a) is ``member organization.''
See Rules 2(a) & (b).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would improve
the clarity of the Exchange's rules by reflecting that the Exchange's
rules apply to persons associated with a member organization and that
such persons have the same duties and obligations as their Exchange
member organization employer. A member organization's compliance with
Exchange rules may depend on the actions of persons associated with the
member organization. Accordingly, the Exchange believes that the
proposed rule, which mirrors the rules of FINRA and the Nasdaq
Exchanges, would promote consistency in the Exchange's rules by
expressly providing that the Exchange may enforce its rules with
respect to persons associated with a member organization, including by
taking appropriate disciplinary action against such persons for their
or their member firm's violation of NYSE rules. The Exchange notes that
the proposed rule does not contemplate disciplinary action against
individuals not involved in violations of Exchange rules.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Act,\6\ in general, and furthers the objectives of section 6(b)(5),\7\
in particular, because it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system and, in general, to protect investors and
the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest because the proposed changes would add clarity to the
Exchange's rules. As previously noted, the proposed rule text conforms
to current FINRA Rule 0140(a) and the Nasdaq Exchanges' Rules without
substantive change. The Exchange believes that adopting separate rule
text expressly providing that all Exchange rules apply to persons
associated with a member organization and that such persons have the
same duties and obligations as their Exchange member organization
employer would benefit market participants by providing increased
clarity regarding the Exchange's ability to enforce compliance with its
rules by persons associated with a member organization, thereby
reducing any potential confusion with respect to the Exchange's
interpretation or application of its rules. Adding these clarifying
statements to the Exchange's rules would also further the goals of
transparency and consistency across the Exchange's rules and would
provide greater harmonization between Exchange rules and FINRA and
Nasdaq Exchanges' rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. For the same
reasons, the addition of the proposed rule text would protect investors
and the public interest and would therefore be consistent with section
6(b)(5) \8\ of the Act. Thus, the proposed rule change would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and will remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Finally, the Exchange believes that the proposed change would be
consistent with section 6(b)(1) \9\ of the Act because it would provide
increased clarity regarding the Exchange's ability to enforce
compliance with its rules by persons associated with a member
organization, thereby reducing any potential confusion with respect to
the Exchange's interpretation or application of its rules. As such, the
proposed change would enable the Exchange to be so organized as to have
the capacity to be able to enforce compliance by its exchange members
and persons associated with its exchange members with the provisions of
the Act, the rules and regulations thereunder, and the rules of the
Exchange, consistent with section 6(b)(1) \10\ of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with adding clarity and transparency to the Exchange's rules and
provide greater harmonization with approved FINRA and Nasdaq Exchanges'
rules.

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

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

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

    The Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on

competition; and (iii) become operative prior to 30 days from the date
on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, the proposed rule change has become effective pursuant
to section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSE-2023-25 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-NYSE-2023-25. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSE-2023-25 and should be
submitted on or before August 30, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-16987 Filed 8-8-23; 8:45 am]
BILLING CODE 8011-01-P