[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4598-4600]
[FR Doc No: 2015-01506]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74111; File No. SR-BYX-2015-05]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend
the Pilot Period for BATS Y-Exchange, Inc.'s Retail Price Improvement
(``RPI'') Program for 12 Months, To Expire on January 31, 2016

January 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 16, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to extend the pilot period for the
Exchange's Retail Price Improvement (``RPI'') Program (the
``Program''), which is currently set to expire on January 31, 2015, for
12 months, to expire on January 31, 2016.

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.directedge.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 Exchange 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 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
Background
    In November 2012, the Commission approved the RPI Program on a
pilot basis.\5\ The Program is designed to attract retail order flow to
the Exchange, and allows such order flow to receive potential price
improvement. The Program is currently limited to trades occurring at
prices equal to or greater than $1.00 per share. Under the Program, all
Exchange Users \6\ are permitted to provide potential price improvement
for Retail Orders \7\ in the form of non-displayed interest that is
better than the national best bid that is a Protected Quotation
(``Protected NBB'') or the national best offer that is a Protected
Quotation (``Protected NBO'', and together with the Protected NBB, the
``Protected NBBO'').\8\
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    \5\ See Securities Exchange Act Release No. 68303 (November 27,
2012), 77 FR 71652 (December 3, 2012) (``RPI Approval Order'') (SR-
BYX-2012-019).
    \6\ A ``User'' is defined in BYX Rule 1.5(cc) as any member or
sponsored participant of the Exchange who is authorized to obtain
access to the System.
    \7\ A ``Retail Order'' is defined in Rule 11.24(a)(2) as an
agency order that originates from a natural person and is submitted
to the Exchange by a RMO, provided that no change is made to the
terms of the order with respect to price or side of market and the
order does not originate from a trading algorithm or any
computerized methodology. See Rule 11.24(a)(2).
    \8\ The term Protected Quotation is defined in BYX Rule 1.5(t)
and has the same meaning as is set forth in Regulation NMS Rule
600(b)(58). The terms Protected NBB and Protected NBO are defined in
BYX Rule 1.5(s). The Protected NBB is the best-priced protected bid
and the Protected NBO is the best-priced protected offer. Generally,
the Protected NBB and Protected NBO and the national best bid
(``NBB'') and national best offer (``NBO'', together with the NBB,
the ``NBBO'') will be the same. However, a market center is not
required to route to the NBB or NBO if that market center is subject
to an exception under Regulation NMS Rule 611(b)(1) or if such NBB
or NBO is otherwise not available for an automatic execution. In
such case, the Protected NBB or Protected NBO would be the best-
priced protected bid or offer to which a market center must route
interest pursuant to Regulation NMS Rule 611.
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    The Program was approved by the Commission on a pilot basis running
one-year from the date of implementation.\9\ The Commission approved
the Program on November 27, 2012.\10\ The Exchange implemented the
Program on January 11, 2013, and has extended the pilot period one
time.\11\ The pilot period for the Program is scheduled to end on
January 31, 2015.
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    \9\ See RPI Approval Order, supra note 5 at 71652.
    \10\ Id.
    \11\ See Securities Exchange Act Release No. 71249 (January 7,
2014), 79 FR 2229 (January 13, 2014) (SR-BYX-2014-001) (Notice of
Filing and Immediate Effectiveness of Proposal Extending Pilot
Period Until January 31, 2015).
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Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract
retail order flow to the Exchange by potentially providing price
improvement to such order flow. The Exchange believes that the Program
promotes competition for retail order flow by allowing Exchange members
to submit Retail Price Improvement Orders (``RPI Orders'') \12\ to
interact with Retail Orders. Such competition has the ability to
promote efficiency by facilitating the price discovery process and
generating additional investor interest in trading securities, thereby
promoting capital formation. The Exchange believes that extending the
pilot is appropriate because it will allow the Exchange and the
Commission additional time to analyze data regarding the Program that
the Exchange has committed to provide.\13\ As such, the Exchange
believes that it is appropriate to extend the current operation of the
Program.\14\ Through this filing, the Exchange seeks to extend the
current pilot period of the Program until January 31, 2016.
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    \12\ A ``Retail Price Improvement Order'' is defined in Rule
11.24(a)(3) as an order that consists of non-displayed interest on
the Exchange that is priced better than the Protected NBB or
Protected NBO by at least $0.001 and that is identified as such. See
Rule 11.24(a)(3).
    \13\ See RPI Approval Order, supra note 5 at 71655.
    \14\ Concurrently with this filing, the Exchange has submitted a
request for an extension of the exemption under Regulation NMS Rule
612 previously granted by the Commission that permits it to accept
and rank the RPI orders in sub-penny increments. See Letter from
Eric Swanson, EVP, General Counsel, BATS Global Markets, Inc. to
Elizabeth M. Murphy, Secretary, Securities and Exchange Commission
dated January 16, 2015.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\15\ In particular,
the Exchange believes the proposed change furthers the objectives of
Section 6(b)(5) of the Act,\16\ in that 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The Exchange believes that
extending the pilot period for the RPI Program is consistent with these
principles because the Program is reasonably designed to attract retail
order flow to the exchange environment, while helping to ensure that
retail investors benefit from the better price that liquidity providers
are willing to give their orders. Additionally, as previously stated,
the competition promoted by the Program may facilitate the price
discovery process and potentially generate additional investor interest
in trading securities. The extension of the pilot period will allow the
Commission and the Exchange to continue to monitor the Program for its
potential effects on public price discovery, and on the broader market
structure.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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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
extends an established pilot program for slightly more than 12 months,
thus allowing the RPI Program to enhance competition for retail order
flow and contribute to the public price discovery process.

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

    The Exchange has neither solicited nor received written comments on
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) of the Act \17\ and Rule 19b-4(f)(6) \18\ thereunder.
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \19\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\20\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing.\21\ However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest.\22\ The Exchange has asked the Commission to waive
the 30-day operative delay so that the proposal may become operative
immediately upon filing. The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and
the public interest because such waiver would allow the pilot program
to continue uninterrupted. Accordingly, the Commission hereby grants
the Exchange's request and designates the proposal operative upon
filing.\23\
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    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ Id.
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act.\24\ If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule change should be approved or disapproved.\25\
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    \24\ 15 U.S.C. 78s(b)(3)(C).
    \25\ Id.
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2015-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2015-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such 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-BYX-2015-05, and should be
submitted on or before February 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-01506 Filed 1-27-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11906-11907]
[FR Doc No: 2023-03838]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2445-028]

Green Mountain Power Corporation; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2445-028.
    c. Date Filed: December 23, 2021.
    d. Applicant: Green Mountain Power Corporation.
    e. Name of Project: Center Rutland Hydroelectric Project (project).
    f. Location: On Otter Creek in Rutland County, Vermont. The project
does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jason Lisai, Green Mountain Power
Corporation, 163 Acorn Lane, Colchester, VT 05446-6611; Phone at (802)
770-2195, or email at [email protected].
    i. FERC Contact: Taconya D. Goar at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and prescriptions: 60 days from
the issuance date of this notice; reply comments are due 105 days from
the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests, comments, recommendations, terms and
conditions, and prescriptions using the Commission's eFiling system at
https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket number P-2445-028.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The existing Center Rutland Hydroelectric
Project consists of: (1) a 190-foot-long, 14-foot-high concrete and
stone masonry gravity dam that includes: (a) a 174-foot-long spillway
section with a crest elevation of 504.8 feet National Geodetic Vertical
Datum of 1929 (NGVD 29); and (b) a 16-foot-long non-overflow section;
(2) an impoundment with a surface area of 13 acres and a storage
capacity of 30 acre-feet at an elevation of 507.4 feet NGVD 29; (3) a
13-foot-long, 7- to 30-foot-wide forebay; (4) a 39.58-foot-wide, 18-
foot-high concrete and marble masonry intake structure with a 6.7-foot-
wide, 6.5-foot-high steel headgate and a 30-foot-wide, 12-foot-high
trashrack with \9/16\-inch clear bar spacing; (5) a 6-foot-diameter,
75-foot-long steel penstock; (6) a 40-foot-long, 33-foot-wide stone and
marble masonry powerhouse containing one 275-kilowatt horizontal-shaft
turbine-generator; (7) a 480-volt/12.47-kilovolt (kV) transformer and
80-foot-long, 12.47-kV transmission line that interconnects with the
local distribution grid; (8) a 0.35-mile-long fiber optic cable for
smart grid communications with the electric system; and (9) appurtenant
facilities. The project creates an approximately 100-foot-long bypassed
reach of Otter Creek.
    The current license requires: (1) run-of-river operation, such that
outflow from the project approximates inflow to the impoundment; (2) a
minimum bypassed reach flow of 80 cubic feet per second (cfs) or inflow
to the impoundment, whichever is less, from June 1 through October 15;
and (3) a minimum flow of 90 percent of inflow to the impoundment
downstream of the powerhouse when refilling the impoundment following a
drawdown for maintenance or emergencies. In addition, the current
license requires the implementation of a recreation plan that includes
provisions for installing an off-street parking area, signage,
landscaping, a picnic area, and a marked footpath to the river.
    The applicant proposes to: (1) continue operating the project in a
run-of-river mode; (2) continue releasing a minimum bypassed reach flow
of 80 cfs or inflow, whichever is less, from June 1 through October 15;
(3) release a minimum bypassed reach flow of 40 cfs or inflow,
whichever is less, from October 16 through May 31; (4) implement a
seasonal tree clearing restriction from April 15 through October 31,
for trees that are 4 inches in diameter or greater, to protect the
federally-listed northern long-eared bat; (5) develop and implement a
flow management and monitoring plan; and (6) develop and implement a
historic properties management plan. In addition, the applicant states
that the recreation facilities required by the current license were not
developed and that it is not proposing to develop the facilities as
part of relicensing, but instead proposes to transfer land to the Town
of Rutland, Vermont, so that the Town can develop recreation facilities
in the same location.
    m. A copy of the application can be viewed on the Commission's
website at https://www.ferc.gov 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 this time, the

Commission has suspended access to the Commission's Public Reference
Room due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
[email protected] or call toll free,<PHONE_NUMBER> or TTY
(202) 502-8659.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must: (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions, or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed on the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.
    p. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing interventions, protests,   April 2023.
 comments, recommendations, preliminary terms
 and conditions, and preliminary fishway
 prescriptions.
Deadline for filing reply comments...........  June 2023.
------------------------------------------------------------------------

    q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: February 17, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03838 Filed 2-23-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Pages 873-875]
[FR Doc No: 2019-00478]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84971; File No. SR-NYSEArca-2018-95]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fee Schedule

December 26, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 21, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule''). The Exchange proposes to implement the fee change
effective January 1, 2019. 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to extend
for another year the prepayment incentive program for Floor Broker
organizations (each a ``Floor Broker'') that the Exchange introduced in
April 2018 (the ``FB Prepay Program'' or ``Program'').\4\
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    \4\ See Exchange Act Release No. 83074 (April 20, 2018), 83 FR
18374 (April 26, 2018) (SR-NYSEArca-2018-24). See also Fee Schedule,
FLOOR BROKER FIXED COST PREPAYMENT INCENTIVE PROGRAM (the ``FB
Prepay Program''), available here, https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.
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    Pursuant to the FB Prepay Program, the Exchange offered Floor
Brokers that operate on the Exchange a 10% discount on their ``Eligible
Fixed Costs'' (described in the table below) if Floor Brokers prepaid
such costs for April through December 2018.

                          Eligible Fixed Costs
------------------------------------------------------------------------

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OTP trading participant rights.

Floor broker order capture device--market data fees.
Floor booths.
Telephones.
Options floor access fee.
Wire services.
Vendor equipment room/cabinet fee.
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    The Exchange proposes to extend the FB Prepay Program and offer
Floor Brokers the opportunity to prepay their annual Eligible Fixed
Costs for 2019, with certain modifications. First, the Exchange
proposes to eliminate Telephone charges and the Vendor Equipment Room/
Cabinet Fee (``Cabinet Fee'') from the list of Eligible Fixed Costs in
the 2019 Program. As noted in a recent filing, the Exchange plans to
modify the Fee Schedule in connection with the relocation of the
Trading Floor early next year, including changing the way Floor Brokers
pay for telephone service and eliminating the Cabinet Fee.\5\ Thus, the
Exchange proposes to remove these items from the list of Eligible Fixed
Costs in an effort to prevent Floor Brokers from overpaying for 2019
based on November 2018 costs that would include these items. Second,
the Exchange proposes to modify the benchmarks utilized to assess
eligibility for the Percentage Growth Incentive.\6\ The Exchange
proposes to continue to offer participants in the FB Prepay Program the
opportunity to qualify for larger discounts (i.e., more than 10% of the
2019 Eligible Fixed Costs) through the Percentage Growth Incentive (the
``Incentive''), which is designed to encourage Floor Brokers to
increase their average daily volume (``ADV'') in billable manual
contract sides by certain percentages (correlated with Tiers) as
measured against one of two benchmarks.\7\
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    \5\ See SR-NYSEArca-2018-80 (filed on December 13, 2018).
    \6\ To participate in the 2019 FB Prepay Program, Floor Brokers
would have to notify the Exchange in writing by emailing
<EMAIL_ADDRESS>indicating a commitment to submit
prepayment, by no later than December 31, 2018. The email to enroll
in the Program would have to originate from an officer of the Floor
Broker organization and, except as provided for below, represents a
binding commitment through the end of 2019. To participate in the
Program, prepayment for the balance of the year must be received by
the close of business on January 31, 2019. See proposed Fee
Schedule, FLOOR BROKER FIXED COST PREPAYMENT INCENTIVE PROGRAM (the
``FB Prepay Program''). ``Participating Floor Broker organizations
that qualify for the Percentage Growth Incentive will receive their
2019 rebate in January 2020.'' See id.
    \7\ The Percentage Growth Incentive would continue to exclude
Customer volume, Firm Facilitation and Broker Dealer facilitating a
Customer trades, and QCCs. Any volume calculated to achieve the Firm
and Broker Dealer Monthly Fee Cap and the Limit of Fees on Options
Strategy Executions, will likewise be excluded from the Percentage
Growth Incentive because fees on such volume is already capped and
therefore does not increase billable manual volume. See Fee
Schedule, FLOOR BROKER FIXED COST PREPAYMENT INCENTIVE PROGRAM,
supra note 4.
---------------------------------------------------------------------------

    For the 2019 FB Prepay Program, the Exchange proposes to modify the
first benchmark by requiring a minimum 11,000 contract sides (up from
10,000) in billable ADV and proposes to modify the second benchmark by
requiring 110% of the Floor Broker's total billable manual ADV in
contract sides (up from 100%) during the second half of 2017--i.e.,
July through December 2017. The Exchange is not modifying the
percentages (correlated with Tiers 1-3) against which the benchmarks
are measured.\8\ The Exchange notes that Equity Option Industry ADV for
2018 is up 24% as compared to Equity Option Industry ADV for the last
six months of 2017 (and the three years prior). Thus, in this climate,
the Exchange believes it is appropriate to apply a nominal increase in
the first benchmark--from a minimum of 10,000 ADV to 11,000 ADV.
Similarly, given that 2018 options industry volume has been elevated
and the Exchange cannot predict whether volumes for 2019 will continue
at the same pace, the Exchange believes it is appropriate to continue
to use ADV from the latter half of 2017 as the alternative benchmark,
with a nominal increase of 10% over the current requirement. The
Exchange notes that the changes to the Program are designed to
encourage those Floor Brokers that enrolled in the Program for 2018 to
reenroll for 2019 as well as to attract Floor Brokers that have not yet
participated.
---------------------------------------------------------------------------

    \8\ See id.
---------------------------------------------------------------------------

    As proposed, a Floor Broker that commits to the Program for 2019
would be invoiced in January 2019 for its estimated Eligible Fixed
Costs, through the end of 2019, less 10%. The estimated annual Eligible
Fixed Costs (i.e., for January through December 2019) for each
participating Floor Broker would be based on that Floor Broker's
November, 2018 invoice for such costs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\10\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposal to extend the FB Prepayment Program as modified is
reasonable, equitable and not unfairly discriminatory for the following
reasons. First, the Program is optional and Floor Brokers can elect to
participate (or elect not to participate). In addition, the Exchange is
continuing to offer two alternative means to achieve the same enhanced
discount to ensure that Floor Brokers that are new to the Exchange (and
therefore have no historical ADV from 2017) could nonetheless
participate in the Program. The Exchange notes that Equity Option
Industry ADV for 2018 is up 24% as compared to Equity Option Industry
ADV for the last six months of 2017 (and the three years prior). Thus,
in this climate, the Exchange believes it is appropriate to apply a
nominal increase in the first benchmark--from a minimum of 10,000 ADV
to 11,000 ADV. Similarly, given that 2018 options industry volume has
been elevated and the Exchange cannot predict whether volumes for 2019
will continue at the same pace, the Exchange believes it is appropriate
to continue to use ADV from the latter half of 2017 as the alternative
benchmark, with a nominal increase of 10% over the current requirement.
The Exchange notes that the changes to the Program are designed to
encourage those Floor Brokers that enrolled in the Program for 2018 to
reenroll for 2019 as well as to attract Floor Brokers that have not yet
participated.
    The Exchange believes the proposed changes to the FB Program would
continue to incent Floor Brokers to increase their billable volume
executed in open outcry on the Exchange in an effort to achieve the
Incentive (the percentages for which remain unchanged), which would
benefit all market participants by expanding liquidity and providing
more trading opportunities, even to those market participants that have
not committed to the Program. Regardless of which benchmark a
participating Floor Broker's growth is measured against, all Floor
Broker's that opt to participate and seek to achieve the Incentive
would be required to increase volume executed on the Exchange in order
to receive the enhanced discount. Thus, the Exchange believes the
proposed Program, is reasonable, equitable and not unfairly
discriminatory to others.
    The Exchange believes the proposal to continue to offer the
Percentage Growth Incentive for 2019 based on ADV in

contract sides in 2019 is reasonable, equitable and not unfairly
discriminatory because, just as under the existing program, this
Incentive is designed to encourage Floor Brokers to increase their ADV
in billable manual contract sides by certain percentages (correlated
with Tiers) as measured against the two available benchmarks.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed changes to
the FB Prepayment Program may increase both inter-market and intra-
market competition by incenting participants to direct their orders to
the Exchange, which would enhance the quality of quoting and may
increase the volume of contracts traded on the Exchange. To the extent
that there is an additional competitive burden on non-Exchange
participants, the Exchange believes that this is appropriate because
the proposal should incent market participants to direct additional
order flow to the Exchange, and thus provide additional liquidity that
enhances the quality of its markets and increases the volume of
contracts traded here. To the extent that this purpose is achieved, all
of the Exchange's market participants should benefit from the improved
market liquidity. Enhanced market quality and increased transaction
volume that results from the anticipated increase in order flow
directed to the Exchange would benefit all market participants and
improve competition on the Exchange.
    Given the robust competition for volume among options markets, many
of which offer the same products, implementing programs to attract
order flow, such as the proposed changes to the FB Prepayment Program,
are consistent with the above-mentioned goals of the Act.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2018-95 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2018-95. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-95, and should be
submitted on or before February 21, 2019.

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

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-00478 Filed 1-30-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34449-34452]
[FR Doc No: 2023-11355]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0477; FRL-10516-02-R5]

Air Plan Approval; Ohio; Sulfur Dioxide Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revised sulfur dioxide (SO2)
regulations submitted by Ohio on May 23, 2022. Ohio updated its
regulations to make changes to facility information, remove
requirements for shutdown facilities and units, consolidate county-wide
requirements, and revise requirements for the Veolia Fort Hill plant in
Miami, Ohio and the DTE St. Bernard facility in Cincinnati, Ohio. EPA
believes that the revisions improve the clarity of the rules without
affecting the stringency, and therefore is approving the submitted
revisions with the exception of selected paragraphs in Ohio
Administrative Code (OAC) Chapter 3745-18. EPA proposed to approve this
action on January 26, 2023 and received no adverse comments.

DATES: This final rule is effective on June 29, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0477. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Tyler
Salamasick, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Tyler Salamasick, Control Strategies
Section, Air Programs Branch (AR18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6206, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On January 26, 2023 (88 FR 4935), EPA proposed to approve revisions
to Ohio's SO2 regulations contained in Ohio OAC Chapter
3745-18 ``Sulfur Dioxide Regulations.'' An explanation of the CAA
requirements, a detailed analysis of the revisions, and EPA's reasons
for proposing approval were provided in the notice of proposed
rulemaking and will not be restated here. The public comment period for
the proposed rule ended on February 27, 2023. EPA received one
supportive comment which stated that Ohio's changes add increased
clarity within the regulations. EPA received no adverse comments on the
proposal. Therefore, EPA is finalizing this action as proposed.

II. Final Action

    EPA is approving revisions and rescissions to OAC 3745-18 submitted
by Ohio on May 23, 2022, with the exception of selected paragraphs in
OAC 3745-18-04. Specifically, EPA is approving Ohio rules OAC 3745-18-
01 through OAC 3745-18-06 [with the exception of OAC 3745-18-04(D)(2),
(D)(3), (D)(5), (D)(6), (E)(2), (E)(3), and (E)(4)], OAC 3745-18-08,
OAC 3745-18-10, OAC 3745-18-11, OAC 3745-18-15, OAC 3745-18-23, OAC
3745-18-24, OAC 3745-18-26, OAC 3745-18-28, OAC 3745-18-31, OAC 3745-
18-33, OAC 3745-18-35, OAC 3745-18-37, OAC 3745-18-47, OAC 3745-18-49,
OAC 3745-18-53, OAC 3745-18-54, OAC 3745-18-56, OAC 3745-18-61, OAC
3745-18-63, OAC 3745-18-68, OAC 3745-18-69, OAC 3745-18-77, OAC 3745-
18-78, OAC 3745-18-80, OAC 3745-18-82 through OAC 3745-18-85, OAC 3745-
18-91, and OAC 3745-18-92, as effective on February 2, 2022. EPA is
removing Ohio rules OAC 3745-18-07, OAC 3745-18-09, OAC 3745-18-12
through OAC 3745-18-14, OAC 3745-18-16 through OAC 3745-18-22, OAC
3745-18-25, OAC 3745-18-27, OAC 3745-18-29, OAC 3745-18-30, OAC 3745-
18-32, OAC 3745-18-34, OAC 3745-18-36, OAC 3745-18-38 through OAC 3745-
18-46, OAC 3745-18-48, OAC 3745-18-50 through OAC 3745-18-52, OAC 3745-
18-55, OAC 3745-18-57 through OAC 3745-18-60, OAC 3745-18-62, OAC 3745-
18-64, OAC 3745-18-65, OAC 3745-18-67, OAC 3745-18-70 through OAC 3745-
18-76, OAC 3745-18-79, OAC 3745-18-81, OAC 3745-18-86 through OAC 3745-
18-89, OAC 3745-18-93, and OAC 3745-18-94. EPA is taking no action on
OAC 37-18-04(D)(2), (D)(3), (D)(5), (D)(6), (E)(2), (E)(3), and (E)(4).
These paragraphs have not been previously approved by EPA and are
outside the cleanup intent of this final SIP revision.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Sulfur Dioxide Regulations described in section II of this preamble and
set forth in the amendments to 40 CFR part 52 below. EPA has made, and
will continue to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

    Also in this document, as described in section II of this preamble
and set forth in the amendments to 40 CFR part 52 below, EPA is
removing provisions of the EPA-Approved Ohio Regulations and Statutes
from the Ohio State Implementation Plan, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''

    The Ohio EPA did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2023. 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, Sulfur oxides.

    Dated: May 23, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1870, the table in paragraph (c) is amended by revising
the section entitled ``Chapter 3745-18 Sulfur Dioxide Regulations'' to
read as follows:
    (c) * * *

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                    Ohio effective
       Ohio citation             Title/subject           date         EPA approval date            Notes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 3745-18 Sulfur Dioxide Regulations
----------------------------------------------------------------------------------------------------------------
3745-18-01.................  Definitions and              2/3/2022  5/30/2023, [INSERT     .....................
                              incorporation by                       FEDERAL REGISTER
                              reference.                             CITATION].
3745-18-02.................  General countywide           2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-03.................  Compliance Time              2/3/2022  5/30/2023, [INSERT     .....................
                              Schedules.                             FEDERAL REGISTER
                                                                     CITATION].
3745-18-04.................  Measurement Methods          2/3/2022  5/30/2023, [INSERT     Except (D)(2),
                              and Procedures.                        FEDERAL REGISTER       (D)(3), (D)(5),
                                                                     CITATION].             (D)(6), (E)(2),
                                                                                (E)(3), and (E)(4).
3745-18-05.................  Ambient and                  2/3/2022  5/30/2023, [INSERT     .....................
                              Meteorological                         FEDERAL REGISTER
                              Monitoring                             CITATION].
                              Requirements.
3745-18-06.................  General Emission             2/3/2022  5/30/2023, [INSERT     .....................
                              Limit Provisions.                      FEDERAL REGISTER
                                                                     CITATION].
3745-18-08.................  Allen county emission        2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-10.................  Ashtabula county             2/3/2022  5/30/2023, [INSERT     .....................
                              emissions limits.                      FEDERAL REGISTER
                                                                     CITATION].
3745-18-11.................  Athens county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-15.................  Butler county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-23.................  Crawford county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-24.................  Cuyahoga county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-26.................  Defiance county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-28.................  Erie county emission         2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-31.................  Franklin county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-33.................  Gallia county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-35.................  Greene county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-37.................  Hamilton county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-47.................  Jefferson county             2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-49.................  Lake county emission         2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].

3745-18-53.................  Lorain county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-54.................  Lucas county emission        2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-56.................  Mahoning county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-61.................  Miami county emission        2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-63.................  Montgomery county            2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-66.................  Muskingum County            2/16/2017  10/11/2018, 83 FR
                              Emission Limits.                       51361.
3745-18-68.................  Ottawa county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-69.................  Paulding county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-77.................  Ross county emission         2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-78.................  Sandusky county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-80.................  Seneca county                2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-82.................  Stark County Emission        2/3/2022  5/30/2023, [INSERT     .....................
                              Limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-83.................  Summit County                2/3/2022  5/30/2023, [INSERT     .....................
                              Emission Limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-84.................  Trumbull County              2/3/2022  5/30/2023, [INSERT     .....................
                              Emission Limits.                       FEDERAL REGISTER
                                                                     CITATION].
3745-18-85.................  Tuscarawas County            2/3/2022  PUBLICATION IN THE     .....................
                              Emission Limits.                       FEDERAL REGISTER],
                                                                     [INSERT FEDERAL
                                                                     REGISTER CITATION].
3745-18-90.................  Washington County            2/3/2022  PUBLICATION IN THE     .....................
                              Emission Limits.                       FEDERAL REGISTER],
                                                                     [INSERT FEDERAL
                                                                     REGISTER CITATION].
3745-18-91.................  Wayne county emission        2/3/2022  5/30/2023, [INSERT     .....................
                              limits.                                FEDERAL REGISTER
                                                                     CITATION].
3745-18-92.................  Williams county              2/3/2022  5/30/2023, [INSERT     .....................
                              emission limits.                       FEDERAL REGISTER
                                                                     CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-11355 Filed 5-26-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Notices]
[Page 11938-11939]
[DOCID:fr20mr09-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1206-000; ER08-1206-001; ER09-342-000]

Southewest Power Pool, Inc.; Notice of Filing

 March 13, 2009.
    Take notice that on February 23, 2009, Southewest Power Pool, Inc.
tendered for filing additional information concerning its filings
submitted on December 17, 2008.
    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. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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 March 20, 2009.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-6080 Filed 3-19-09; 8:45 am]


[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Notices]
[Pages 47701-47702]
[FR Doc No: 2014-19195]

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

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at Pocahontas Municipal Aiport, Pocahontas, Arkansas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at Pocahonas Municipal Airport under the provisions of
Section 125 of the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century (AIR 21).

DATES: Comments must be received on or before September 15, 2014.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Glenn A. Boles, Manager, Federal
Aviation Administration, Southwest Region, Airports Division, AR/OK
Airports Development Office, ASW-630, Fort Worth, Texas 76137.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to The Honorable Frank Bigger, Mayor of Pocahontas
at the following address: City of Pocahontas, Arkansas, 410 North Marr
Street, Pocahontas, AR 72455.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Burns, Program Manager,
Federal Aviation Administration, AR/OK Airports Development Office,
ASW-630, 2601 Meacham Blvd., Fort Worth, Texas 76137.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Pocahontas Municipal Airport under
the provisions of the AIR 21.
    On July 31, 2014, the FAA determined that the request to release
property at Pocahontas Municipal Reional Airport submitted by the City
of Pocahontas met the procedural requirements of the Federal aviation
Regulations, Part 155. The FAA may approve the request, in whole or in
part, no later than August 29, 2014.
    The following is a brief overview of the request:
    The City of Pocahontas requests the release of 2.63 acres of
airport property valued at $20,000.00. The release of property will
allow for the sale of the property to Mr. Bill Baltz for the
development of an industrial facility. The City of Pocahontas will use
the $20,000.00 resulting from the sale to fund construction of a new
tee-hangar at the airport.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents germane to the application in person at the
Pocahontas Muncipal Airport.

    Issued in Fort Worth, Texas on July 31, 2014.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 2014-19195 Filed 8-13-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Rules and Regulations]
[Page 20718]
[FR Doc No: 2012-8296]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0217]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Broadway Bridge across the
Willamette River, mile 11.7, at Portland, OR. This deviation is
necessary to accommodate the Bridge to Brews foot race scheduled for
April 15, 2012. This deviation allows the bridge to remain in the
closed position to allow safe movement of event participants.

DATES: This deviation is effective from 8 a.m. on April 15, 2012
through 11:15 a.m. April 15, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0217 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0217 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Bridge Administrator, Coast Guard Thirteenth
District; telephone<PHONE_NUMBER> email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Multnomah County has requested that the
Broadway Bascule Bridge remain closed to vessel traffic to facilitate
safe, uninterrupted roadway passage of participants of the Bridge to
Brews event. The Bridge to Brews event is an annual 8-10K footrace held
in Portland, OR. The race course passes over the Broadway Bridge. The
Broadway Bridge crosses the Willamette River at mile 11.7 and provides
90 feet of vertical clearance above Columbia River Datum 0.0 while in
the closed position. Vessels which do not require a bridge opening may
continue to transit beneath the bridge during this closure period.
Under normal conditions this bridge operates in accordance with 33 CFR
117.897 which allows for the bridge to remain closed between 7 a.m. and
9 a.m. and 4 p.m. and 6 p.m. Monday through Friday and also requires
advance notification when a bridge opening is needed. This deviation
period is from 8 a.m. on April 15, 2012 through 11:15 a.m. April 15,
2012. The deviation allows the bascule span of the Broadway Bridge
across the Willamette River, mile 11.7, to remain in the closed
position and need not open for maritime traffic from 8 a.m. through
11:15 a.m. on April 15, 2012. The bridge shall operate in accordance to
33 CFR 117.897 at all other times. Waterway usage on this stretch of
the Willamette River includes vessels ranging from commercial tug and
barge to small pleasure craft. Mariners will be notified and kept
informed of the bridge's operational status via the Coast Guard Notice
to Mariners publication and Broadcast Notice to Mariners as
appropriate. The draw span will be required to open, if needed, for
vessels engaged in emergency response operations during this closure
period.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 19, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012-8296 Filed 4-5-12; 8:45 am]
BILLING CODE 9110-04-P